Module LAW3081: PHILOSOPHY OF LAW

Department: Law

LAW3081: PHILOSOPHY OF LAW

Prerequisites

• Law of Obligations (LAW1023) OR Public Law (LAW1013) OR Legal Skills (LAW1041) OR, at the discretion of Chairman/Chairwoman of Board of Studies or delegate, a suitable module from another Department.

Corequisites

• None.

Excluded Combination of Modules

• None.

Aims

• The general aim of this module it to develop a philosophical appreciation of the relationship between law and morality. More specifically, the aims and objectives are:
• To consider a range of moral theories, and the nature and foundations of moral judgments
• To introduce a number of particular conceptions of law and to consider whether law must be conceived of as a moral phenomenon

Content

• The organising theme of this module is the relationship between law and morality. Following an introductory lecture, the module is divided into two parts:
• 1: Theories of Morality (and the Foundations of Moral Judgments). Material to be covered includes: the concept of a moral position; moral relativism and subjectivism vs moral objectivism; an introduction to the variety of moral theories; strategies for justifying moral theories; and a detailed look at some moral theories (eg Kant; Utilitarianism; R M Hare; John Rawls; David Gauthier; and Alan Gewirth).
• 2: The Debate about the Concept of Law (and Particular Conceptions of Law). The central issue here is the debate between Legal Realism (or Positivism) and Legal Idealism (or Natural Law Theory) about whether or not moral validity is a criterion of legal validity. There will be specific examination of the views on this of, eg, H L A Hart, Hans Kelsen, Lon Fuller, Ronald Dworkin, John Finnis, and Deryck Beyleveld and Roger Brownsword. Particular attention will be given to the way in which different concepts of morality and different views on the justification of moral theories (and moral thinking as such) affect the relationship between law and morality. Attention will also be paid throughout to the methodological issue as to what exactly is involved in constructing a concept of law and the related dispute between those who think that the debate about the concept of law is not a genuine one but merely verbal quibbling.

Learning Outcomes

• By the end of the module:
• Students should be able to demonstrate a broad understanding of some of the major issues, arguments, and authors within legal and moral philosophy

• The module focuses on abstract issues, but these have important practical applications. Many real-world disputes are driven by arguments over the nature of law, the role of the courts, the relationship between law and morality, and differing concepts of justice, fairness, and equality. By the end of the module students should be able to identify these fundamental issues, engage in philosophical analysis and argument regarding these fundamental issues. Students should be able to analyse and present philosophical arguments about law, rights and justice.

• Students should be able to:
• Demonstrate developed research and writing skills, including the ability to work independently and to take responsibility for their own learning.

Modes of Teaching, Learning and Assessment and how these contribute to the learning outcomes of the module

• The modes of teaching, learning and assessment have been chosen in order to facilitate the achievement of the learning outcomes of the module.
• Lectures will concentrate on developing students' knowledge of the subject area and introducing students to the relevant critical, analytical and evaluative skills.
• Tutorials will be used to develop students' critical and analytical skills and their understanding of the subject area.
• The modes of assessment will encourage independent learning and research skills and will examine students' ability to meet the learning outcomes of the module.
• The examination tests the ability to focus on relevant legal issues and organise knowledge and argument appropriate to questions raised. The examination questions will provide the means for students to demonstrate the acquisition of subject knowledge and the development of their problem-solving skills.

Teaching Methods and Learning Hours

Summative Assessment

Formative Assessment:

■ Attendance at all activities marked with this symbol will be monitored. Students who fail to attend these activities, or to complete the summative or formative assessment specified above, will be subject to the procedures defined in the University's General Regulation V, and may be required to leave the University