This module equips students with a thorough and critically informed understanding of the major principles, concepts and themes of legal theory. It promotes a deep understanding of law through an analysis of theoretical perspectives on law, morality and legal process, as well as the relationship between law and social life.
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What is Jurisprudence? What is Law? Why do lawyers need theory?The “Rule of Law” ideal in western liberal legal tradition; ideas on the Social ContractLaw as it is:British Legal Positivism - Austin & BenthamHLA Hart’s Concept of Law - criticism of Austin, primary & secondary rules, the minimum content of natural lawGermanic Legal Positivism - Kelsen's pure theory of lawLaw and Morality - The Natural Law Tradition - Aquinas, Greek Teleology & FinnisFuller on the Morality of Law - the internal/external moralities of law and the role of purposeSeparation of Law and Morality - Hart & Fuller's 1958 Harvard Law Review DebateDworkin on Constructive interpretation - the Right Answer ThesisSociology, sociology of law,Sociological jurisprudence: Pound and law as social engineering; Ehrlich on the Living LawMarx, Weber, Durkheim - problems of modernity, social solidarity & law, law and economic determinism & the role of ideology; the rationalisation of lawAmerican Legal Realism - law as pragmatic solution; the 'bad man' theory of lawCritical Legal Studies - critique of political liberalism and the role of indeterminacy, mystification and ideologyTheories of Justice - Rawls on Justice as Fairness; Nozick on Libertarianism
The module will take the form of classroom-based lectures, supplemented with tutorial sessions focused on problem solving. Given the nature of the module content, students will be expected and encouraged to read materials in advance of classes.
| Module Content & Assessment | |
|---|---|
| Assessment Breakdown | % |
| Formal Examination | 60 |
| Other Assessment(s) | 40 |