| Semester 2 Credit Value: | 20 |
| ECTS Credits: | 10.0 |
Either LAW1221 or LAW1220 & LAW1240
n/a
To provide an understanding of the leading schools of legal theory, and to appreciate their understanding within wider intellectual movements. To develop the particular theoretical, critical and interdisciplinary skills that are appropriate to legal study. To develop the various skills listed below. To encourage students to contemplate post-graduate work in this field. This aim reflects the fact that, over many years, students taking this course have gone on to study legal theory as post-graduates.
Introduction to Legal Theory.
Natural Law (the Classical Tradition and Procedural Natural Law)
Legal Positivism
American Legal Realism
Ronald Dworkin
Alan Gewirth’s Contribution to Secular Natural Law and its Practical Applications
Law, Power, and Political Philosophy (examining John Locke, Thomas Hobbes, Carl Schmitt, and Michel Foucault)
Students will be able to demonstrate a thorough knowledge and understanding of the important schools of legal theory.
The course will include the study of natural law theories (with close analysis of Gewirth’s contribution to secular natural law), legal positivism, American legal realism, Ronald Dworkin’s contribution to legal theory, Carl Schmitt’s contribution to legal theory, and relevant contributions to political philosophy from, inter alios, Thomas Hobbes, John Locke, Michel Foucault, and G.W.F. Hegel.
Students will examine issues in legal theory, including debates that concern the relationship between law and morality, the application of secular natural law theory to particular matters of practical concern (e.g., the limits of state sovereignty), and the relationship between law (as an institution that claims authority) and power.
Students will acquire familiarity with a number of jurisprudential media, including treatises and articles on legal and political theory.
1. Ability to identify the central arguments in legal theory
2. Ability to engage in inter-textual study and research
3. Ability to structure argument and to convey a contextual understanding of contentious legal issues
4. Ability to identify and to pursue particular issues for jurisprudential research
More General Skills
1. Ability to identify and order issues by relevance and importance
2. Ability to synthesize materials from different sources
3. Ability to discern merit in intellectual argumentation
4. Ability to make reasoned choices between alternative interpretations and arguments
| Category | Activity | Number | Length | Student Hours | Comment |
|---|---|---|---|---|---|
| Scheduled Learning And Teaching Activities | Lecture | 22 | 1:00 | 22:00 | N/A |
| Guided Independent Study | Assessment preparation and completion | 68 | 1:00 | 68:00 | N/A |
| Structured Guided Learning | Lecture materials | 2 | 1:00 | 2:00 | Two recorded lectures and accompanying lecture material (text) published on Canvas |
| Scheduled Learning And Teaching Activities | Small group teaching | 4 | 1:00 | 4:00 | N/A |
| Scheduled Learning And Teaching Activities | Drop-in/surgery | 4 | 1:00 | 4:00 | Q&A on Zoom. |
| Guided Independent Study | Independent study | 1 | 100:00 | 100:00 | N/A |
| Total | 200:00 |
The use of lecturing as the principle teaching method is justified in terms of providing an overarching narrative coherence to the course. It is necessary in order to secure the requisite knowledge base needed in order to underpin stated learning outcomes. Seminars are used in order to effect the development of a critical and contextual understanding of the various theories of law covered in the lectures. Private study is directed so as to supplement the development of seminar skill, to confirm the establishment of the basic knowledge base, and to concentrate research skills in particular areas of individual study.
The format of resits will be determined by the Board of Examiners
| Description | Semester | When Set | Percentage | Comment |
|---|---|---|---|---|
| Written exercise | 2 | M | 100 | 2500 words |
A research-based essay assignment is the most appropriate means by which to assess the development skills (in the areas of analysis, argument, research), whilst also making it possible for students to demonstrate the development of necessary subject-specific knowledge bases.
N/A
Disclaimer: The information contained within the Module Catalogue relates to the 2023/24 academic year. In accordance with University Terms and Conditions, the University makes all reasonable efforts to deliver the modules as described. Modules may be amended on an annual basis to take account of changing staff expertise, developments in the discipline, the requirements of external bodies and partners, and student feedback. Module information for the 2024/25 entry will be published here in early-April 2024. Queries about information in the Module Catalogue should in the first instance be addressed to your School Office.