Module LAW3471: INTRODUCTION TO THE PHILOSOPHY OF PRIVATE LAW

Department: Law

LAW3471: INTRODUCTION TO THE PHILOSOPHY OF PRIVATE LAW

Prerequisites

• Introduction to English Law and Legal Method (LAW 1121); Contract Law (LAW 1071); Tort Law (LAW 1051); OR: at the discretion of the Chairman/Chairwoman of the Board of Studies or delegate, a suitable module from another Department may be substituted for the Law pre-requisite(s)).

Corequisites

• None

Excluded Combination of Modules

• None

Aims

• To examine the extent to which the various segments of private law (contract, tort, unjust enrichment) in the common law world are coherent bodies of law and to investigate what, if anything, might explain their alleged coherence;
• To examine the extent to which private law as a whole is a coherent body of law and to investigate what, if anything, might explain its alleged coherence;
• To gain a critical understanding of the general, usually normative arguments made in favour of private law’s coherence, at both the general level of the system as a whole, and at the particular level of discrete components of private law (contract, tort, etc).this putative entitlement;
• To investigate the allegedly significant differences between private law, on the hand, and public law, on the other.

Content

• The module will examine the following topics:
• 1. Non-economic theories about the nature and value of coherence in private law;
• 2. Non-economic theories about the substantive bases of various segments of private law, including accounts of corrective and distributive justice and the nature of promissory obligations;
• 3. Sceptical accounts of the nature of private law’s development in the common law world;
• 4. The ways in which different accounts of private law’s basis might effect the resolution of particular private law disputes;
• 5. Competing accounts of the nature of public and private law.

Learning Outcomes

• Students should be able to:
• Develop a critical understanding of the nature of coherence in private law;
• Evaluate critically various non-economic arguments offered to justify the content and shape of various segments of private law and of private law as a whole;
• Evaluate critically the responses to those arguments;
• Evaluate critically contemporary accounts of the ways in private and public law do and should differ.

• Students should be able to:
• Demonstrate a critical understanding of the nature the current debate about private law’s coherence;
• Demonstrate a critical understanding of the various non-economic arguments in favour of (and against) private law’s coherence;
• Show an ability to deploy those arguments and their core concepts (such as distributive justice, corrective justice etc) and the ability to weigh them against one another;
• Engage in informed debate about (i) the extent to which coherence within private law matters; and (ii) about the significance of the alleged differences between private and public law.

• 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 them 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 and normative 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 argumentative-cum-evaluative 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