Module LAW3291: JURISPRUDENCE

Department: Law

LAW3291: JURISPRUDENCE

Prerequisites

• Legal Skills (LAW 1041) and Law of Torts (LAW 1051) and EU Constitutional Law (LAW 1061) and Law of Contract (LAW 1071) and The Individual and the State (LAW 1081) and UK Constitutional Law (LAW 1091). 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 more theoretical enquiry into the nature, purpose, limits and value of law. More specifically, the aims and objectives are:
• To consider a range of legal theories and to ask broad philosophical questions about law and its relation to justice;
• To introduce a number of particular conceptions of law and to consider how these various conceptions help to illuminate what law is, bearing in mind what it ought to be like;
• To consider the relationship between law and the concept of ‘legitimacy’;
• To criticise the concept of law at its most basic levels, even though the course will not focus on specific, concrete reforms.

Content

• Although the module will cover some of the more traditional topics about the nature of law and certain theories relating to law, the course will also explore some critiques of how law has traditionally been conceived.
• The module will, broadly speaking, cover the following topics (it goes without saying that not all topics will be covered every year):
• 1. The Nature of Jurisprudence and the Concept of Law;
• 2. The Meaning of Law; or the Relationship between Law and Morality/Justice;
• 3. Natural Law and Positive Law;
• 4. The Pure Theory of Law;
• 5. Analytical Jurisprudence (especially the work of H.L.A. Hart);
• 6. Theories of Justice (especially the work of J. Rawls);
• 7. Interpretivism (especially the work of R. Dworkin);
• 8. Sociological Jurisprudence;
• 9. Marxist Theories of Law and State;
• 10. Critical Legal Theory;
• 11. Feminist Jurisprudence;
• 12. Postmodernism and Jurisprudence;
• 13. Critical Race Theory;
• 14. Theories of Adjudication;
• 15. Discourse Theory and Human Rights.

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 about the nature and concept of law and its relationship to the concept of ‘justice’, including:
• Understanding several theoretical conceptions about law and be able to think about law critically;
• Understanding how the concept of ‘legitimacy’ relates to the power of law;
• Understanding the source of authority of legal rules and to engage in criticism in relation to certain conceptions of authority.

• 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 justice and differing concepts of legitimacy, fairness, and equality. By the end of the module students should be able to identify these fundamental issues and engage in solid critical analysis and argument regarding these fundamental issues. Students should be able to analyse and present arguments about law, justice, rights and legitimacy.

• 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.
• Seminars will concentrate on developing students' knowledge of the subject area and introducing students to the relevant critical, analytical and evaluative skills.
• 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:

One 2,000 word essay

■ 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