Theories of Law and Justice

Learning Outcomes

Subject Specific Intellectual and Research Skills

Having successfully completed this module you will be able to:

• interact critically and skilfully with materials in political and legal theory concerning theories of justice, individuality, community, culture and difference relating it to current social problems and political conflicts;
• form a comprehensive independent argument about the nature of law and its relationship with morality and to back it up thoroughly with examples from legal and constitutional doctrine;
• perceptively and comprehensively link theoretical insights to the formation and defence of original legal argument.
• adeptly conduct independent research concerning particular issues arising from understanding of law and its relationship to justice;

Subject Specific Practical Skills

Having successfully completed this module you will be able to:

• demonstrate a thorough knowledge and critical understanding of jurisprudential concerns and adeptly provide the linkage to the formation and defence of legal argument.

Transferable and Generic Skills

Having successfully completed this module you will be able to:

• analyse, interpret and evaluate particularly complex material;
• capably apply knowledge to solve a wide range practical problems;
• formulate an effective, reasoned and structured argument in depth;
• communicate very lucidly and present written arguments supported by the full scope of appropriate evidence.

Knowledge and Understanding

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

• the full scope of challenges posed by the notion of difference, especially cultural difference, in reflection upon justice and law;
• the tension and complementarities that exists between the limit and justification of law, the nature of law, and living in a just, democratic society;
• the connection between conceptual understanding of law and its practice;
• the connection between conceptual inquiry and the formation of original argument in law.
• the nature of law and legal reasoning and to appreciate the challenges facing both;
• a wide range of liberal, libertarian and communitarian theories of justice and their relationship to justified and limited governance;

The module will consider key texts in analytical jurisprudence in depth e.g. legal positivism and the authority and functions of law. The second and third parts will discuss key theories of normative jurisprudence and political theory and their application, including liberal, libertarian and communitarian theories of justice drawing particular attention to the relationship between the right and the good, preventing undesirable behaviour and the morality of redistributing goods.

Teaching and learning methods

Teaching will be by one, two-hour seminar per week.

The two-hour seminars are intended as occasions for detailed discussion of specific topics within the broader areas covered and you are expected to come fully prepared. Reading and questions for preparation will be placed on Blackboard in advance of each tutorial. Seminars are also occasions for you to raise problems and questions and to obtain feedback on your progress.

Teaching methods include:

• Small group seminar work focused on problem solving skills and development of reasoned argument.
• Advance study is required for the tutorials and active participation required by all members of the group.

Attendance at sessions will develop a general overview of key concerns around a topic.

Preparation for seminars will develop:

• Knowledge of the substantive principles of specific topics in jurisprudence and political theory.
• Ability to manage and access diverse range of sources of law, especially statutory material and case law, many on-line;
• Ability to critically evaluate those sources and participate constructively in oral discussions concerning them;
• Ability to structure and express thoughts in logically coherent way;
• Ability to apply those materials to problem solving exercises;
• Time management and research skills.

Learning activities include:

• Directed reading assisted by reading lists and availability of materials on Blackboard;
• Accessing electronic resources in the form of legislation, journals and case materials;
• Reviewing and evaluating complex material;
• Formulating and presenting in oral and written form reasoned and structured arguments through formative tutorial activities and assessment.

Resources & Reading list

Textbooks

J. Rawls. Political Liberalism.

Madison Powers and Ruth Faden. Social Justice: The Moral Foundations of Public Health and Health Policy.

Raz J.. The Authority of Law; The Morality of Freedom.

S.Mulhal and A.Swift. Liberals and Communitarians.

J. Raz. Practical Reasons and Norms.

J. Raz. The Morality of Freedom.

Rawls J.. A Theory of Justice.

H.L.A. Hart. Essays on Bentham.

Hart H. L. A. The Concept of Law.

R. Dworkin. Law’s Empire.

Formative

This is how we’ll give you feedback as you are learning. It is not a formal test or exam.

Summative

This is how we’ll formally assess what you have learned in this module.

Referral

This is how we’ll assess you if you don’t meet the criteria to pass this module.

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.

Repeat Information

Repeat type: Internal & External