LAW1230 : Law and Ethics
LAW1230 : Law and Ethics
- Offered for Year: 2024/25
- Module Leader(s): Dr Joshua Jowitt
- Lecturer: Dr Emilia Mickiewicz, Dr Sakshi Sakshi, Professor Gina Heathcote
- Owning School: Newcastle Law School
- Teaching Location: Newcastle City Campus
Semesters
Your programme is made up of credits, the total differs on programme to programme.
Semester 2 Credit Value: | 20 |
ECTS Credits: | 10.0 |
European Credit Transfer System | |
Pre-requisite
Modules you must have done previously to study this module
Pre Requisite Comment
N/A
Co-Requisite
Modules you need to take at the same time
Co Requisite Comment
N/A
Aims
The Law and Ethics module introduces students to interactions between ethical issues and the positive law. These will be clustered into two topics: the role of ethics in legal reasoning; and the role of ethics – through conceptions of justice, fairness and equality/equity – with regards to access to, and diversity of viewpoints within, a legal system and the professions. The central aims are:
1) To develop knowledge of understanding of competing prominent theories of legal reasoning and the role of ethical principles in legal decision making;
2) To explain and evaluate the merits of including ethical concerns in legal decision making with reference to specific theories of legal reasoning;
3) To understand the importance of, and evaluate the success of attempts to increase, diversity of viewpoints in the professions;
4) To help you develop and practice fundamental critical, transferable legal skills for use in the
other subjects that you will study at Newcastle;
5) To engage you in critical reflection about the law; and
6) To develop your ability to undertake reflective learning and provide constructive criticism of others’ work.
Outline Of Syllabus
The Law and Ethics module is structured around two main areas:
(i) Ethics and Legal Reasoning;
• Legal formalism;
• Legal realism;
• Legal positivism;
• Natural law theories;
• Critical Legal Studies (CLS)
• Feminist Legal Theory
(ii) Law and Equality;
• Diversity;
• Access to justice;
• Equality and diversity in the legal professions;
• Equality and diversity in the judiciary.
Learning Outcomes
Intended Knowledge Outcomes
At the end of the module students should be able to demonstrate their knowledge and understanding
of:
• The principles of legal reasoning, forms and types of argument;
• The wider political and social contexts of law, including human rights.
• The potential incommensurability of different theoretical approaches to legal reasoning, and the consequences of this for legal decision making.
The specific knowledge base will be extended to cover the following:
• Theories of legal reasoning;
• Law, equality and formal vs procedural justice.
Intended Skill Outcomes
At the end of the module students should be able to demonstrate:
Cognitive skills – having completed the module, students will be able to demonstrate these subject
specific skills:
• Demonstrate critical awareness of the principles and values underpinning law;
• Understand the implications of ethics upon theories of judicial reasoning and legal argumentation.
• Ability to apply this critical understanding of theories of legal validity and legal reasoning to case law and statute; and
• Communicate reasoned arguments for potential reforms to areas of law identified as deficient.
Key transferable skills – having completed the module, students will be able to:
• Construct and defend an argument in writing;
• Evaluate arguments for or against particular approaches to incorporating ethics in legal decision making;
• Present critical opinions about the applicability of the theories to the law of England and Wales;
• Think critically about, reflect upon and constructively contribute to debate on the role ethics plays contemporary legal and societal issues.
Teaching Methods
Teaching Activities
Category | Activity | Number | Length | Student Hours | Comment |
---|---|---|---|---|---|
Scheduled Learning And Teaching Activities | Lecture | 3 | 1:00 | 3:00 | Feedforward lectures on poster design, and essay task; feedback lecture on poster task and reflective learning. |
Scheduled Learning And Teaching Activities | Lecture | 22 | 1:00 | 22:00 | In person lectures on substantive class content |
Scheduled Learning And Teaching Activities | Lecture | 36 | 1:00 | 36:00 | Preparation and completion of two summative assessments (poster and coursework). |
Scheduled Learning And Teaching Activities | Small group teaching | 4 | 1:00 | 4:00 | In-person seminars (weeks 24, 27, 29 &35) |
Guided Independent Study | Reflective learning activity | 1 | 4:00 | 4:00 | Students will provide feedback on each others’ draft assessments. |
Scheduled Learning And Teaching Activities | Drop-in/surgery | 3 | 1:00 | 3:00 | Feedback on students' assessed work; specific time for consultation on module specific issues. |
Guided Independent Study | Independent study | 1 | 128:00 | 128:00 | Combination of own reading and revision of substantive module content. Reading in advance of seminar |
Total | 200:00 |
Teaching Rationale And Relationship
Lectures (or an online version if required) The principal teaching method to the module is lectures. These will introduce competing theories as to the place of ethics within law, and will present them through the lens of judges and legal reasoning and formal/procedural and substantive justice. They will conclude with a case study concerning equality in the profession, the extent to which this is an ethical concern and balancing the demands of formal/procedural and substantive justice within this issue. In-person lectures will be supported with structured online guidance and activities.
Lecture materials Pre-recorded materials will be provided to introduce or scaffold material covered during in-person or online lectures, or provide guidance on assessment components.
Seminars (small group teaching) There will be four seminars following substantive areas addressed by the module to provide the opportunity to develop oral, interpretation and evaluative skills: (1) Formalism and Realism; (2) Positivism and Natural Law; (3) Dworkin, Pragmatism and Beyond and, (4) Equality, Law and Legal Institutions. Seminars will encourage an active, integrated approach to the study of law and introduce the legal skills necessary to the study and practice of law both in the university and beyond. They offer an opportunity for detailed discussion of issues covered in the lectures, for developing and practicing essential legal skills, and for asking questions and obtaining feedback on student progress. Each seminar is one hour long. Students will be asked a series of questions progressing in difficulty, designed to provide the knowledge and confidence with the topic required to complete the summative assessment for the module. Seminars will be synchronous events (whether online or PiP).
Drop-in/Surgery sessions These sessions reflect the Law School assessment and feedback policy, that markers will offer the opportunity for one-to-one oral feedback on students' assessed work. Dedicated sessions will be made available for consultation with lecturers and seminarists with regards to poster design in advance of submission. The time given is indicative; more time may be scheduled if necessary, to meet the demand for individual feedback.
Assessment preparation and completion An additional lecture will be provided on academic poster design to provide students the opportunity to learn how to communicate complex issues through visual media and précis relevant information in a condensed yet accurate manner. Students will also be introduced to the idea of reflective learning, and how to offer constructive feedback on each others’ work.
Reflective learning activity Students are encouraged to develop group work and communication skills by meeting as groups to discuss and provide constructive feedback on their draft posters.
Independent study Students’ skills and knowledge base can be further developed in private study, which takes the form of directed reading in advance of lectures, consolidation following lectures and preparation for seminars.
Reading Lists
Assessment Methods
The format of resits will be determined by the Board of Examiners
Other Assessment
Description | Semester | When Set | Percentage | Comment |
---|---|---|---|---|
Poster | 2 | M | 30 | Academic Poster (A3) |
Essay | 2 | M | 70 | 1500 words |
Assessment Rationale And Relationship
Summative assessment is provided by means of an assessed essay and a poster exercise.
1) Poster Exercise – students will be asked to produce an academic poster that examines the conformity of a particular case with natural law, legal positivism or an alternate theory of legal reasoning. Students will be provided with an approved list of cases selected from other stage one modules where such issues are prominent, and will be required to select one. As part of the assessment students will be required to peer-review one another’s’ draft posters and provide a 250 word paragraph detailing how they have responded to the critiques they have received.
2) Assessed Essay – will comprise of a set question asking students to discuss the competing demands placed upon the courts by requirements of formal versus substantive justice with regards to equality in the profession. The main focus of the coursework and the primary consideration when marking will be evidence of research skills and appropriate legal writing.
In addition to formal assessment, students will be strongly encouraged to produce a skeleton essay plan to a pre-set question and meet outside of timetabled sessions to peer review each others’ work. Guidance will be provided on how to engage in reflective learning practices. This will ensure that they develop their oral, visual and written communication skills.
Timetable
- Timetable Website: www.ncl.ac.uk/timetable/
- LAW1230's Timetable
Past Exam Papers
- Exam Papers Online : www.ncl.ac.uk/exam.papers/
- LAW1230's past Exam Papers
General Notes
N/A
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