Newcastle Law School

Staff Profile

Dr Joshua Jowitt

Teaching Fellow

Background

Josh joined Newcastle Law School as a Teaching Fellow in September 2016. He graduated in Law from Homerton College, Cambridge in 2009 . After a period of time working in Widening Participation and Outreach as Schools Liaison Officer for Selwyn College, Cambridge, he returned to Law and took his LLM in International Development Law and Human Rights from the University of Warwick in 2012. He was awarded his PhD in 2018, having undertaken study at University College, Durham under the supervision of Prof. Deryck Beyleveld and Prof. Shaun Pattinson.

Area of expertise

  • Legal Theory
  • Public Law
  • Human Rights

Research

Josh’s PhD research continued his earlier work on the relationship between popular conceptions of morality and their interplay with the law. He is interested in the increased appeal to morality beyond black letter law in contemporary legal and political discourse, and the extent to which this is superseding beliefs that law should be nominally separate to moral codes and subjective class biases.

His thesis is titled 'The Necessary Moral Foundation of Law: A Gewirthian Critique of Contemporary Inclusive Positvism', and concerns the extent to which Alan Gewirth's Principle of Generic Consistency (PGC) can be seen as a supreme constitutional principle against which the normative validity of law can be judged, as suggested by Beyleveld and Brownsword in Law as a Moral Judgement. It considers the extent to which this claim still stands when faced with recent developments within Jurisprudence, particularly the Incorporationist School within Legal Positivism and the rise of Virtue Jurisprudence, with emphasis on the application of the Dialectically Necessary nature of the rights which emerge from Gewirth's Reason and Morality

Josh's current research continues this enquiry into the normative force of law, both in traditional areas of legal authority and in novel circumstances in which the law engages with non-human subjects, such as AI, animals and other agents.

Teaching

Stage One:

  • LAW1120 - Public Law

Stage Two:

  • LAW2162 - European Union Law

Stage Three:

  • LAW3032 - Legal Theory
  • LAW3035 - Terrorism and Counter-terrorism Law
  • LAW3040 - US Constitutional Law

Publications

  • Jowitt J. Monkey See, Monkey Sue? Gewirth's Principle of Generic Consistency and Rights for Non-Human Agents. Trinity College Law Review 2016, XIX, 71-96.
  • Jowitt J. Alan Gewirth's Principle of Generic Consistency as a Legal Rule of Recognition. In: Cambridge Doctoral Workshop in Legal Theory. 2015, University of Cambridge, UK.
  • Jowitt J. Human Rights in the Law - Applying the Principle of Generic Consistency to the Legal. In: Public/Private: Unlocking the Boundaries of Legal Thought, UK IVR Conference 2015. 2015, Queen's University Belfast, Northern Ireland.
  • Jowitt J. Is Human Rights Theory Gewirth the Effort?. In: Association of Human Rights Institutes Annual Conference. 2015, Belgrade Centre of Human Rights, Serbia.
  • Jowitt J. Human Rights: Establishing the Ground-Rawls. In: Melbourne Doctoral Forum on Legal Theory. 2014, University of Melbourne, Melbourne, Australia.
  • Jowitt J. Rawls and Regulations: Using the Original Position to Identify Human Rights Norms. In: Rights and Freedoms: the United Kingdom, Europe and Beyond - Durham Law School Annual Postgraduate Conference. 2014, St. Mary's College, Durham.