This module is designed for students with no previous knowledge of English law, or of jurisprudence. Students will be introduced to the general principles of legal philosophy and encouraged to develop an understanding of the various contemporary writers on the subject and develop an insight to how and why the law evolves. The syllabus is designed to run parallel with the Law and Human Rights modules.
The Autumn Term will introduce concepts such as law and society. The Spring Term will continue to introduce theories. The Summer Term will be given over to revision and consolidation of knowledge.
Aims
- To provide an understanding of the general theoretical reflections upon law and justice.
- To promote discussion within the class to advance identification of the jurisprudential concepts of law.
- To enable students to associate the different theories to relevant case law.
- To encourage students to critically analyse theories of law.
- To develop students' knowledge of competing theories in order that they may make critical comparisons.
Learning Outcomes
By the end of this module a student will be expected to be able to:
1. Demonstrate knowledge of key legal theories.
2. Identify issues in Legal Theory within discussion groups.
3. Apply their understanding of legal theories to relevant case law.
4. Analyse and criticise competing theories of law.
5. Rate competing theories against each other.
Syllabus
Autumn Term
What is legal theory?
Law and Society
Utilitarianism
Democracy and society
Positivism (Austin)
Judicial Review
Bentham and the common law
Law and morals
Positivism II (Hart)
Feminism
Spring Term
State of Nature
Social Contract
Natural law
Natural law II
Legal theory and Crime
Marxism
Liberal theorists (Rawls)
Liberal theorists (Nozick)
Summer Term
Revision classes
Assessment
Essay 1: 1,500 words including footnotes, submitted in week 25 (40%)
Essay 2: 1,500 words including footnotes, submitted during week 33 (50%)
Participation mark: 10%
A final three-hour exam will constitute the other 50% of the total mark for the module.
Non-assessed coursework
A formative essay consisting of a maximum of 500 words will be set in the second week of term and returned to the student within two weeks. The essay will indicate the students' ability to use the Oxford referencing system.
50% coursework and 50% exam
Pass mark: 40%
The Autumn Term will introduce concepts such as law and society. The Spring Term will continue to introduce theories. The Summer Term will be given over to revision and consolidation of knowledge.
Aims
- To provide an understanding of the general theoretical reflections upon law and justice.
- To promote discussion within the class to advance identification of the jurisprudential concepts of law.
- To enable students to associate the different theories to relevant case law.
- To encourage students to critically analyse theories of law.
- To develop students' knowledge of competing theories in order that they may make critical comparisons.
Learning Outcomes
By the end of this module a student will be expected to be able to:
1. Demonstrate knowledge of key legal theories.
2. Identify issues in Legal Theory within discussion groups.
3. Apply their understanding of legal theories to relevant case law.
4. Analyse and criticise competing theories of law.
5. Rate competing theories against each other.
Syllabus
Autumn Term
What is legal theory?
Law and Society
Utilitarianism
Democracy and society
Positivism (Austin)
Judicial Review
Bentham and the common law
Law and morals
Positivism II (Hart)
Feminism
Spring Term
State of Nature
Social Contract
Natural law
Natural law II
Legal theory and Crime
Marxism
Liberal theorists (Rawls)
Liberal theorists (Nozick)
Summer Term
Revision classes
Assessment
Essay 1: 1,500 words including footnotes, submitted in week 25 (40%)
Essay 2: 1,500 words including footnotes, submitted during week 33 (50%)
Participation mark: 10%
A final three-hour exam will constitute the other 50% of the total mark for the module.
Non-assessed coursework
A formative essay consisting of a maximum of 500 words will be set in the second week of term and returned to the student within two weeks. The essay will indicate the students' ability to use the Oxford referencing system.
50% coursework and 50% exam
Pass mark: 40%