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 of 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
Learning Outcomes
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 philosophical, ethical and political materials;
- 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.
- identify and summarise different types and forms of argument;
Subject Specific Intellectual and Research Skills
Having successfully completed this module you will be able to:
- 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.
- assess critically the fundamental concepts and principles and key theoretical perspectives that emerge in the philosophical approach of the study of law;
- evaluate the potential of legal philosophical study for helping to understand, explain and address contemporary legal problems, issues and tensions;
Knowledge and Understanding
Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:
- the 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.
- the conceptual and normative underpinnings of central concepts and principles of the common 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 ten 2-hour weekly lectures and five 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.
| Type | Hours |
|---|---|
| Completion of assessment task | 50 |
| Preparation for scheduled sessions | 58 |
| Tutorial | 10 |
| Wider reading or practice | 12 |
| Lecture | 20 |
| Total study time | 150 |
Resources & Reading list
General Resources
The principal library resources are accessible through the Hartley Library’s existing holdings (including electronic)..
Internet Resources
Assessment
Formative
This is how we’ll give you feedback as you are learning. It is not a formal test or exam.
Essay
- Assessment Type: Formative
- Feedback: You will receive written feedback on one 1,500 word formative essay on a standard School form and, where appropriate, your answers will also be annotated. Additionally, a feedback session will be provided where general essay questions, approaches and answers will be discussed more fully.
- Final Assessment: No
- Group Work: No
Summative
This is how we’ll formally assess what you have learned in this module.
| Method | Percentage contribution |
|---|---|
| Coursework | 100% |
Referral
This is how we’ll assess you if you don’t meet the criteria to pass this module.
| Method | Percentage contribution |
|---|---|
| Coursework | 100% |
Repeat
An internal repeat is where you take all of your modules again, including any you passed. An external repeat is where you only re-take the modules you failed.
| Method | Percentage contribution |
|---|---|
| Coursework | 100% |
Repeat Information
Repeat type: Internal & External