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LAWS1022 Historical Development of the Common Law

Module Overview

The ‘Historical Development of the Common Law’ module tells the story of the Common Law and its major developments through a study of some of its most prominent personalities, historical moments and decisive cases. The module charts the development and growth of law from its earliest beginnings in Anglo-Saxon England, through its various transformations, up to the present day – from the earliest extant code of the reign of King Aethelbert of Kent, through Magna Carta and the Charter of the Forest, and on through the great constitutional crises and conflicts of the seventeenth century. The emergence of civil liberties and the protection of universal human rights, as well as the troublesome relationship between people and power, freedom and authority, are all brought to life through a study of some of the field’s most important historical moments, personalities and cases. Selected works from across the field help to frame these discussions and provide an inspiring and entertaining means through which essential legal skills are encouraged and taught.

Aims and Objectives

Module Aims

To provide you with an introduction to history and development of the Common Law, an understanding of the way that law has evolved and the range of factors involved in this evolution; as such, the module seeks to: • encourage critical understanding of relevance of legal history 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 historical relationship between different areas of substantive law; • demonstrate how and why law changes, the causes of legal change and different ways in which it is effected, through an investigation of selected topics, themes and issues in the history 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 origins, scope and development of the Common Law
  • the major questions, issues and conflicts that have shaped the development of the Common Law
  • the importance of history and theory in understanding law’s development
Subject Specific Intellectual and Research Skills

Having successfully completed this module you will be able to:

  • assess critically the fundamental claims and concepts and key theoretical perspectives that emerge in historical pattern in the study of law
  • evaluate the potential of legal historical study for helping to understand, explain and address contemporary legal problems, issues and tensions
  • 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
Transferable and Generic Skills

Having successfully completed this module you will be able to:

  • locate and analyse relevant primary and secondary resources, together with relevant historical, philosophical and political materials
  • identify and summarise different types and forms of argument
  • 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 to informed debate on a wide variety of current issues

Syllabus

The subject areas covered during the module may differ from year to year but may include: • Henry II and the formation of the Common Law • Magna Carta: origins, legacy, myth • Property rights and the Charter of the Forest • Medieval Contract Law from Assumpsit to the Statute of Frauds • Constitutional crises and conflicts of laws • World Wars and human rights • Terrorism, the rule of law and the preservation of liberty

Learning and Teaching

Teaching and learning methods

Teaching methods include Lectures/Seminars (Weekly) and Tutorials (Fortnightly) The module is taught by a series of ten 2-hour weekly lectures/seminars and five 2-hour tutorials, which provide you with an overview of each substantive topic, highlighting key points and an opportunity to engage in discussion of key issues and problems, and an opportunity to explore key topics/areas in further detail. The overriding emphasis is on the development of critical reflection and analysis through consideration of major events, themes and topics. The lectures/tutorials are supported with a range of ‘handouts’ (made available electronically via ‘Blackboard’), which outline critical issues and required reading and provide questions and guidance for further study. You are encouraged to explore a wide range of both legal and non-legal resources from a variety of different legal, moral, political, historical and social perspectives. Learning activities include • Directed Reading (as per distributed reading lists) • Preparing and writing formative coursework, with critical self-reflection on your own performance throughout this process. • Preparation for lectures/tutorials. • Participating in class discussion (including small group work).

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

Resources & Reading list

‘Blackboard’ learning platform. 

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

Assessment

Formative

Essay

Summative

MethodPercentage contribution
Essay  (2500 words) 100%

Repeat

MethodPercentage contribution
Essay  (2500 words) 100%

Referral

MethodPercentage contribution
Essay  (2500 words) 100%

Repeat Information

Repeat type: Internal & External

Costs

Costs associated with this module

Students are responsible for meeting the cost of essential textbooks, and of producing such essays, assignments, laboratory reports and dissertations as are required to fulfil the academic requirements for each programme of study.

In addition to this, students registered for this module typically also have to pay for:

Textbooks

The module does not carry any additional costs for you. There is no set text and the reading lists are drawn from materials already available in or through the University library (including electronic resources).

Please also ensure you read the section on additional costs in the University’s Fees, Charges and Expenses Regulations in the University Calendar available at www.calendar.soton.ac.uk.

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