The University of Southampton
Courses

LAWS2038 Philosophical Perspectives on the Common Law [AJ]

Module Overview

This module provides you with a critical introduction to the philosophical development of the common law through an examination of key concepts and principles within private and public law that are essential for full and critical engagement with the substance any core module as well as with any more specialist area. The module will examine some of the central conceptual and normative notions that underpin the common law, such as the private vs. public; doctrine of precedent; coercion; desert and entitlement; justice; ownership; duties and rights; promises and agreements; causation; responsibility; community; authority; sex/gender. This list is not exhaustive and can vary slightly from year to year. By reflecting on these key concepts and principles you will gain a deeper understanding of the nature of law and be able to present innovative and persuasive legal argument as part of your studies and future legal practice.

Aims and Objectives

Module Aims

The module aims to provide you with an introduction to the philosophical development of the common law, and an understanding of the role conceptual and normative concepts play in analysing and evaluating the law; as such, the module seeks to: - encourage critical understanding of relevance of legal theory to the understanding of law today; - provide opportunities to identify and explore some of the broader theoretical issues that emerge from an examination of the philosophical foundations of different areas of substantive law; - demonstrate the philosophical development of legal concepts and principles, the reasons and themes underpinning this development and different ways in which development is effected, through an investigation of selected topics, themes and issues in the philosophy of the common law.

Learning Outcomes

Knowledge and Understanding

Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:

  • the full conceptual and normative underpinnings of central concepts and principles of the common law
  • a wide rage of major questions, issues and conflicts that have shaped the philosophical development of the common law
  • the importance of philosophy and theory in understanding law’s development in depth
Transferable and Generic Skills

Having successfully completed this module you will be able to:

  • locate and analyse a wide range of relevant primary and secondary resources, together with relevant philosophical, ethical and political materials
  • skilfully identify and summarise different types and forms of argument
  • capably construct, communicate and defend your own argument through a piece of independent research in a specific area under pressure of time
  • think critically and contribute with knowledge and ability to informed debate on a wide variety of current issues
Subject Specific Intellectual and Research Skills

Having successfully completed this module you will be able to:

  • assess critically with skill the fundamental concepts and principles and key theoretical perspectives that emerge in the philosophical approach of the study of law
  • comprehensively evaluate the potential of legal philosophical study for helping to understand, explain and address contemporary legal problems, issues and tensions
  • thoroughly analyse the strengths and weaknesses of different arguments and perspectives and their relative merits for promoting and securing meaningful change within and across different areas of law

Syllabus

The subject areas covered during the module may differ from year to year but may include: - Private vs. public - Doctrine of precedent - Coercion - Desert and entitlement - Justice - Ownership - Duties and rights - Promises and agreements - Causation - Responsibility - Community - Authority - Sex/gender - Violence - Power - Language - Codification - Jurisdiction - Discretion - Complicity - Necessity - Duress - Consent

Learning and Teaching

Teaching and learning methods

Teaching methods include The teaching programme comprises 10, 2-hour, weekly lectures and 5, 2 hour fortnightly tutorials. Learning activities include - Directed reading assisted by reading lists - Providing an interdisciplinary approach from law, politics, philosophy, literature and film. - Drawing on the rich resources on the Web. - Conducting two tasks of critically exploring and applying key notions to a specific case. - Conducting group presentation on a specific legal problem. Preparation for, and participation at, seminars will develop: - Knowledge of the contestable understanding and relationship between key notions and the significance to the construction of original legal argument. - Appreciation of constructive criticism of the background justification of legal rules linking this criticism to these basic notions. - Ability to manage and access diverse and interdisciplinary materials and its effective deployment in a legal case. - Ability to structure and express thoughts in logically coherent way; - Ability to prioritise problem construction to problem solving through engaging with key notions.

TypeHours
Completion of assessment task50
Tutorial10
Lecture20
Preparation for scheduled sessions58
Wider reading or practice12
Total study time150

Resources & Reading list

The principal library resources are accessible through the Hartley Library’s existing holdings (including electronic).. 

‘Blackboard’ learning platform. 

Assessment

Formative

Essay

Summative

MethodPercentage contribution
Essay  ( words) 100%

Repeat

MethodPercentage contribution
Essay  ( words) 100%

Referral

MethodPercentage contribution
Essay  ( words) 100%
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