Module handbook Law330 2017-2018 PDF

Preview

Summary

handbook ...

Description

ULSTER UNIVERSITY FACULTY OF ARTS, HUMANITIES & SOCIAL SCIENCES SCHOOL OF LAW Magee Campus JURISPRUDENCE MODULE HANDBOOK LAW330 (CRN: 45855) Semester 2, 2017/2018

Module Coordinator: Dr Khanyisela Moyo

CONTENTS Page Disclaimer

3

Retention of Information

3

Information about the Module & Teaching Staff

4

Rationale & Aims of Module

5

Learning Outcomes

6

Module Content

7

Teaching and Learning Methods

8

Assessment

9

Learning Resources

11

Course Outline

13

Module Content & Weekly Readings

14

Summary Description

29

University Policies

30

Attendance

31

Submission of Coursework/Exams EC1

32

Appeals

34

Plagiarism

35

Referencing

38 39

Deregistration Assignment Cover Sheet

41

Assessment Criteria

43

2

University Information Disclaimer Details of the module are set out in this Handbook. The University will use all reasonable endeavours to deliver the course in accordance with the description set out. However, the University does not provide education on a commercial basis and is largely dependent on public and charitable funds, which the University has to manage in a way which is efficient and cost-effective, in the context of the provision of a diverse range of courses to a large number of students. The University therefore reserves the right to make variations in the content or method of delivery or assessment or other module changes if such action is reasonably considered necessary by the University in the context of its wider purposes.

Retention of Information You are advised that you should retain this handbook and associated course and module handbooks for future reference. You may be asked to provide documentary evidence of modules taken and their content by potential employers or in connection with an application to undertake further study. The University can provide such details from its records, but will make a charge to cover the costs involved in conducting searches and supplying information.

3

Information about the Module & Teaching Staff Module Title:

Jurisprudence

Module Code:

LAW330

Module Level:

5

Credit points:

20

Semester:

1

Location:

Magee

Prerequisites:

None

E-Learning:

Web Supplemented

Module Co-ordinator

Dr Khanyisela Moyo Magee campus Room MG126 Email: [email protected]  +44 28 71675481

Teaching Hours:

Lectures 12 hrs Seminars 24 hrs. Independent study 164 hrs. (Including assessment)

Office Hours:

By appointment only

Teaching staff:

Dr Khanyisela Moyo

Teaching Hours:

Tuesdays 9.15am- 11. 05am (L) in MU301 11.15am-12.15pm (S) in MU303 12.15pm-1.15pm (S) in MU303

4

RATIONALE This module is designed to introduce students to the main theories of law and to develop a critical understanding of how the law relates to concepts such as justice, morality and rights. The module aims to explain the differences between some of the major theories of law, past and present, and to demonstrate the relevance of theory to practice, through the application of legal theory to legal problems.

AIMS The aim of this module is to give students the theoretical and critical tools with which to better understand the nature of law. In assessing the merits of various theories of law, students will develop the critical and evaluative kills appropriate to the law degree as a whole.

5

LEARNING OUTCOMES

KNOWLEDGE AND UNDERSTANDING A successful student will be able to show that he /she can: K1 Understand and articulate the aims and functions of law; K2 Understand the general principles of justice, morality and fairness within the wider context of law making; K3 Illustrate how legal theories can add to the understanding of enforceable rules in general. INTELLECTUAL QUALITIES Students should be able to: I1

Identify arguments in the leading fields of jurisprudence;

I2

Analyse and evaluate key issues such as justice, fairness, equality and democracy from the perspective of legal theory; Present complex legal argument in both a coherent and fluent fashion;

I3

PROFESSIONAL/PRACTICAL SKILLS Students should be able to: P1 Apply key theories of jurisprudence to practical legal problems; P2 Undertake research on a prescribed topic. TRANSFERABLE SKILLS Students should be able to T1 Demonstrate skills relating to the capacity for critical evaluation and the retrieval of relevant materials; T2 Demonstrate good written communication skills.

6

MODULE CONTENT

The module provides an introduction to legal theory, including fundamental theoretical perspectives on the relationship between law and morality and their application to contemporary debates. It aims to explore the work of legal theorists such as Rawls and Dworkin, with a view to providing students with a solid theoretical background that will enable them to place legal issues in a wider context. In addition, the module will develop the students' powers of reasoning and increase their awareness of the relevance of theoretical issues to practical ones. Topics covered include:           

Law and Morality Classical Natural Law and Classical Legal Positivism Modern Legal Positivism A Natural Law Revival Dworkin and the Moral Integrity of Law Legal Realism Theories of Justice Rights Equality Critical Legal Studies and Feminist Legal Theory The Duty to Obey Law and the Issue of Punishment

7

TEACHING AND LEARNING METHODS A range of teaching and learning methods will be used, including lectures, student led seminars and group discussions. Lectures will provide students with an overview of the primary topic(s) under consideration and in so doing, create a foundation upon which subsequent knowledge and understanding can develop. The availability of notes in advance of each lecture (via blackboard) will reduce the need for copious note taking during the session and allow students to focus their attention on the presentation. Audio visual aids and where appropriate, prepared handouts, will also be used. Seminars will complement lectures and encourage private, independent study by requiring students to complete a series of exercises in advance of each session. These exercises are designed to promote student understanding of the topic(s) outlined in the previous lecture and will encourage students to develop their communication and problem solving skills. Seminar sessions will be student centered and as such, all students will be encouraged to play an active part in discussions. The overall teaching and learning strategy is designed to stimulate private study using derivative and original sources (both paper based and electronic) and to promote an understanding and critical awareness of the essential principles and underlying philosophies of jurisprudence.

8

ASSESSMENT

The assessment scheme for the module is as follows: 1.

An essay of no more than 2,000 words. The assignment should allow student knowledge and experience to be brought together in investigative research (To be submitted by 06 March 2018) (40%).

2.

A three-hour examination in which students will be required to answer three questions (60%).

The following points must be observed with regard to the submission of your coursework: I. All assessments must have a coursework return sheet (see end of this document) detailing the programme, module, module coordinator and full title of the assignment along with your student number, and signature. II. All papers should be typed, double-spaced and should have attached a bibliography listing all sources used by the student. Students can use either footnotes or endnotes within their research papers. III. Please submit a typewritten copy of your coursework. Coursework should be submitted and signed into the Law School Office no later than 12.00pm on 06 March 2018. IV. Students are also required to submit their coursework via drop box on Blackboard. This will automatically generate an electronic detection system in order to help ascertain if any plagiarised material is present. At enrolment you have given your consent to your work being submitted to electronic detection systems. Plagiarism occurs when any person presents someone else's work as their own and/or fails to provide full citations for any materials used in a piece of written work. UU requires lecturers to carry our plagiarism checks on assignments and all confirmed cases of plagiarism are taken very seriously. For further details on plagiarism, see University Policies section of this document. V. Your coursework must follow consistently an approved legal referencing format (see further http://library.ulster.ac.uk/soc/law/lawcite.php) and include full references (using the Oxford referencing system as outlined in the ‘OSCOLA’ document (https://www.law.ox.ac.uk/sites/files/oxlaw/oscola_4th_edn_hart_2012. 9

pdf). Appropriate attribution, a full bibliography and the following declaration that this is your own work must also be made: "I declare that this is all my own work and does not contain unreferenced material copied from any other source. If it is shown that material has been plagiarised, or I have otherwise attempted to obtain an unfair advantage for myself or others, I understand that I may face sanctions in accordance with penalties as determined by the University. A mark of zero may be awarded and the reason for that mark will be recorded on my file.’ Signed IF YOU ARE UNSURE ASK! For further information on referencing see University Policies section of this document. VI. Coursework must comply with Faculty guidelines for the submission of assignments. Please familiarise yourself with these. Late Submission of coursework will not be accepted unless an extension has been granted by the Course Director in accordance with faculty procedures. VII. Your coursework will be assessed in line with the criteria found at the end of this document.

10

LEARNING RESOURCES

Core Texts   

Wacks, R Understanding Jurisprudence (5th ed, Oxford University Press,2017) Penner, J McCoubrey and White's Textbook on Jurisprudence (5TH ed Oxford University Press, 2012) Bix, B Jurisprudence: Theory and Context (Sweet & Maxwell, 2015) chapters 4 -8, 10, 15, 17 & 19.

Further Reading (Indicative List Only)  Abrams, K. (1998) ‘The New Jurisprudence of Sexual Harassment’ Cornell Law Review 83 pp. 1169-1230  Bix, B (2007) Jurisprudence: Theory and Context (Sweet & Maxwell)  Bix, B. (1999). On the dividing line between natural law theory and legal positivism. Notre Dame L. Rev., 75, 1613.  Conaghan, J (2000) ‘Reassessing the Feminist Theoretical Project in Law’ 27(3) Journal of Law and Society pp351-85  Coyle, S (2014), Modern Jurisprudence: A Philosophical Guide (Oxford and Portland, Oregon).  Devlin, Lord (1968) The Enforcement of Morals OUP  Duxbury (1995) N Patterns of American Jurisprudence OUP  Duke G, ‘Finnis on the Authority of Law and the Common Good’ Legal Theory, 19(2013), 44-62.  Dworkin (1986) R Law’s Empire Harvard University Press  Dworkin, Ronald (1995) ‘Rights as Trumps’ in J Waldron (ed) Theories of Rights OUP pp. 153-167  Dworkin, R. (2000) Sovereign Virtue: The Theory and Practice of Equality Harvard University Press  Finnis, J (1999) ‘the Fairy Tale’s Moral’ Law Quarterly Review, Col. 115, pp. 170-75  Finnis, J. ‘Natural Law: The Classical Tradition’ in Coleman & Shapiro (eds) (2000) The Oxford Handbook of Jurisprudence and Philosophy of Law OUP  Fuller, LL (1949) ‘The Case of the Speluncean Explorers’ Harvard Law Review 62 pp616-645  Fuller, LL ‘Positivism and Fidelity to Law – A Reply to Professor Hart’ Harvard Law Review 71 p630  Freeman M.D.A (2008) ‘Introduction to Jurisprudence’, (Sweet and Maxwell).  Glenn, HP ‘A Transnational Concept of Law’ in P Cane & M Tushnet, (eds) (2003) The Oxford Handbook of Legal Studies OUP at p839  Hart, HLA (1994) A Concept of Law OUP, 2nd ed.

11

 Hart, HLA (1958) ‘Positivism and the Separation of Law and Morals’ Harvard Law Review 71 p593  Hewson, B (2005) ‘Dancing on the Head of a Pin? Foetal life and the European Convention’ Feminist Legal Studies 13:363-375  Himma, K.E. ‘Inclusive Legal Positivism’ in Coleman & Shapiro (eds) (2002) The Oxford Handbook of Jurisprudence and Philosophy of Law OUP  Kennedy, D (2002) ‘The International Human Rights Movement: Part of the Problem?’ Harvard Human Rights Law Journal 15: 101-125, available at http://www.law.harvard.edu/students/orgs/hrj/iss15/kennedy.shtml  Lacey, N. (2004) A Life of H.L.A. Hart: The Nightmare and the Noble Dream OUP Chapter 9, ‘Causation in the Law, The Concept of Law’  Lyons, D (1998) ‘Moral Judgment, Historical Reality and Civil Disobedience’ Philosophy and Public Affairs 27 pp.  Minow, Martha (1991) Making All the Difference: Inclusion, Exclusion and American Law Cornell University Press  G. Plauche, ‘Moral Legislation and Democracy: The Devlin-HartDworkin Debate Revisited’ 2006, available at http://gaplauche.com/docs/dhdapsa2006.pdf  Rawls, J (1993), Political Liberalism, Columbia University Press, Lecture 1 extract.  Ratnapala, S.(2017), Jurisprudence, Cambridge University Press.  Riddall, J.G ( 1999), Jurisprudence ( 2nd ed Oxford University Press)  Sachs, (2009) ‘Tock Tick: The Working of a Judicial Mind’ draft of The Strange Alchemy of Life and Law OUP  Tamanaha, B (2001) A General Jurisprudence of Law and Society OUP  Twining, W (2005) ‘Have Concepts Will Travel: Analytical Jurisprudence in a Global Context’ International Journal of Law in Context 1 p5  Unger, RM (1986)The Critical Legal Studies Movement Harvard University Press  Veitch S, Chistodoulidis, E and L Farmer (2012) Jurisprudence: Themes and Concepts ,( 2nd,Routledge: London)  Waldron, J (1999) ‘Rawls’s Political Liberalism’ in Law and Disagreement Oxford University Press  Waldron, Jeremy (ed) (1987)Nonsense Upon Stilts: Bentham, Burke and Marx on the Rights of Man Methuen Press  Walker, N (2002) ‘The Idea of Constitutional Pluralism’ Modern Law Review 65(3) at p317  West, Robin,(2001) The International Library of Essays in Law & Legal Theory, Ashgate  Williams, P (1991) ‘The Obliging Shell’ in The Alchemy of Race and Rights: Diary of a Law Professor Harvard University Press

12

COURSE OUTLINE

Module Timetable: Lecture: Tuesday Seminars: Tuesday

9.15 – 11.05 MU301 11.15 - 13.15 MU303

Lecture Topic Week 1 (30/01/2018)

Introduction to Jurisprudence – Law and Morality

Week 2 (06/02/18)

Classical Natural Law and Classical Legal Positivism

Week 3 (13/02/2018)

Modern Legal Positivism

Week 4 (20/02/2018)

A Natural Law Revival

Week 5 (27/02/2018)

Dworkin and the Moral Integrity of Law

Week 6 (06/03/2018)

Theories of Justice

Week 7 (13 03/2018)

Rights

Week 8 (20/03/2018)

Equality

Week 9 (10/04/2018)

Legal Realism

Week 10 (17/04/2018)

Critical Legal Studies(Feminist and Postcolonial theories)

Week 11 (24/04/2018)

The Duty to Obey the Law & the issue of Punishment

Week 12 (01/05/2018)

Module Review

13

MODULE CONTENT & WEEKLY READINGS

Week 1 [Lecture, Tuesday 30 January 2018] Overview , Introduction to Jurisprudence, Law and Morality

Aims and objectives: This week’s lecture will provide a basic introduction to jurisprudence. We will consider what the study of jurisprudence involves, and introduce a traditional approach of jurisprudence as the study of what is ‘law’. The central objective is to familiarize students with the structure and aims of the course, and through that, some of the key ideas of legal theorists. We will also examine the relationship between law and morality through the Delvin-Hart-Dworkin debate with reference to a contentious debate such as abortion. Learning outcomes: After this session, you will: a) b) c) d)

Be familiar with the structure and aims of the course; Have knowledge of the key legal theorists; Appreciate the point of legal theory; Be able to engage with the Delvin-Hart-Dworkin arguments with reference to the relationship between law and morality.

Required Reading:  Wacks, R, Chapters 1, 2 & 5 or McCoubrey and White Chapter 1 Or Bix chapters 1 & 15 And  G. Plauche, ‘Moral Legislation and Democracy: The Devlin-HartDworkin Debate Revisited’ 2006, available at: http://gaplauche.com/wp-content/uploads/2013/08/dhdapsa2006.pdf  Bayles, Michael D. "What is Jurisprudence About? Theories, Definitions, Concepts, or Conceptions of Law?" Philosophical Topics 18.1 (1990): 23-40.  Tur, R. H. S. "What is jurisprudence?" The Philosophical Quarterly (1950- ) 28.111 (1978): 149-161. Additional Reading 

J. Finnis, ‘The Fairy Tale’s Moral’ (1999) Law Quarterly Review pp. 170-75

14

   

   

D. Lyons, ‘Moral Judgment, Historical Reality and Civil Disobedience’ (1998) Philosophy and Public Affairs 27 pp. 31 J. Allen, The Vantage of Law, Its Role in Thinking about Law, Judging and Bills of Rights (Ashgate 2011) chapters 1 and 2. Riddall, Chapters 1 and 2 Twining, W (2005) ‘Have Concepts Will Travel: Analytical Jurisprudence in a Global Context’ International Journal of Law in Context 1 p5 Williams, P ‘The Obliging Shell’ in The Alchemy of Race and Rights: Diary of a Law Professor (Harvard University Press, 1991) at Chapter 6 Tamanaha, B A General Jurisprudence of Law and Society (Oxford University Press, 2001) Introduction and Chapter 1 Fuller, Lon L. (1949). "The Case of the Speluncean Explorers". Harvard Law Review (The Harvard Law Review Association) 62 (4): 616–645. Devlin,(1962) ‘ Law, Democracy and Morality’, 110(5) University of Pennsylvania Law Review- available at :

Seminar Activity: [Week 1: Tuesday 30 January 2018] None Week 2 [Lecture, Tuesday 06 February 2018] Classical Natural Law and Classical Legal Positivism Aims and objectives: The session initially features a presentation of the main tenets of natural law, discussing the origins of Western legal thinking in relevant streams of classical Greek and Roman philosophy. It will then consider subsequent developments in European legal thinking, notably with reference to Aquinas, Hugo Grotius and Sir William Blackstone. Classical legal positivism will then be discussed, mainly through the work of Jeremy Bentham and John Austin. The students will gain an understanding of natural law theories and of classical legal positivism. Required Reading: Wacks chapters 2 & 3 Or McCoubrey & White: pp. 11-25 & Chapter 3. Additional Reading  Bix, B. (1999). On the dividing line between natural law theory and legal positivism. Notre Dame L. Rev., 75, 1613.

15

    

Dworkin, Ronald. "Natural Law Revisited." U. Fla. L. Rev. 34 (1981): 165. Schofield, Philip. "Jeremy Bentham and nineteenth‐century English jurisprudence 1." The Journal of Legal History 12.1 (1991): 58-88. Soper, Philip. (2007): "In defense of classical natural law in legal theory: why unjust law is no law at all." Can...