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Undergraduate Law 2019-2020

LS2033: ADMINISTRATIVE LAW AND CIVIL LIBERTIES

15 credits

Level 2

First Sub Session

This course will examine in detail both administrative law and civil liberties under the constitution of the United Kingdom.  Major topics include judicial review (scope, standing and grounds), the European Convention on Human Rights, the Human Rights Act 1998, voting rights, and common law rights.  This area is fast-moving, and an effort is made to address current issues.

LS402G: CIVIL LAW (HONOURS)

25 credits

Level 3

First Sub Session

This course focuses on selected areas of Roman law including some in which there has been considerable influence on modern legal systems like that of Scots law.  Part of the purpose of the course is to introduce participants to the neo-humanistic textual study of Roman law but also to evaluate its continuing importance as exemplified in, for example, a leading case like Donoghue v Stevenson. 

LX402G: CIVIL LAW (HONOURS)

30 credits

Level 3

First Sub Session

This course focuses on selected areas of Roman law including some in which there has been considerable influence on modern legal systems like that of Scots law.  Part of the purpose of the course is to introduce participants to the neo-humanistic textual study of Roman law but also to evaluate its continuing importance as exemplified in, for example, a leading case like Donoghue v Stevenson. 

LS4011: LAW OF SALES (HONOURS)

25 credits

Level 4

First Sub Session

This course examines the law of sales in both a Scottish and international context. Seminar topics will give students a good working knowledge of issues which occur when a difficulty arises (e.g. non-conformity of goods, passing of risk, damages, exemption, avoidance) and the role of important European law as well as international treaties and conventions.

LS4019: CRIMINAL JUSTICE (HONOURS)

25 credits

Level 4

First Sub Session

This course looks in depth at certain of the main aspects of the Scottish criminal justice process, focussing upon its mainly adversarial nature. Some comparisons are drawn with the inquisitorial processes of continental Europe. Topics addressed include: prosecution systems; the position of the accused; the status granted to the victim; plea-bargaining; the trial process; and appeals. The emphasis is not so much on ‘black-letter law’ but on the principles and policies, often clashing, which underlie the detailed legal rules and regulations governing the relevant institutions and processes. 

LS401E: GENDER, LAW AND SOCIETY

25 credits

Level 4

First Sub Session

The issue of how gender impacts upon and interrelates with law and legal processes is topical and socially important, with questions relating to gender equality and violence against women currently attracting a high degree of academic, media and government attention. This course will introduce students to current legal dilemmas and legal responses in these areas, in addition to sociolegal and feminist approaches to law.  

LS401F: INTERNATIONAL LAW: A TIME OF CHALLENGES

25 credits

Level 4

First Sub Session

 

The course analyses recent developments in public international law. It first considers the sources of public international law. The question is then asked whether traditional public international law can regulate pressing issues on the international plane. Examples of these problems are: international terrorism, nuclear weapons proliferation, protection of human rights, ethnic conflicts, and climate change. The course encourages the student to think creatively as an international lawyer to resolve contemporary international dilemmas. Teaching will be mostly delivered through discussion based seminars. Assessment is based on the drafting of an essay and an exam.

LS401H: ABORTION LAW HONOURS

25 credits

Level 4

First Sub Session

The course examines abortion law in Scotland, the wider UK, Europe, countries beyond Europe, and international law. It is non-partisan and welcomes students of all viewpoints. Topics will be chosen annually to reflect current legal debates but might include: concepts of ‘rights’ with respect to abortion; roles of fathers; factors which affect access to legal abortion; regulation of the medical profession; or case-studies on legal systems where abortion law has become topical.

LS401P: INTERNATIONAL HUMAN RIGHTS LAW (HONOURS)

25 credits

Level 4

First Sub Session

The course is intended to offer insights into the dynamics of the development of international human rights law. It provides advanced instruction in several key aspects of international human rights law (freedom from torture, freedom of religion, social rights, right to self-determination, etc.) in order to develop a critical understanding of the protection of human rights at the global level. It also seeks to shed light on the way the forces of globalisation and global civil society activism shape the conditions under which human rights law can be created and maintained.

LS401Q: PRIVATE INTERNATIONAL LAW OF COMMERCIAL LAW HONOURS

25 credits

Level 4

First Sub Session

The course will provide a clear overview of the commercial law conventions and principles made at the Hague Conference on Private International Law, as well as an analysis of the working methods of the Hague Conference in making, reviewing and helping to ensure uniform interpretation of Conventions. Students will acquire a thorough knowledge of the Hague Choice of Court Agreements Convention (2005), the Hague Principles on Choice of Law in International Commercial Contracts 2015 and the Hague Recognition and Enforcement of Judgments Convention (first draft 2016). The course will also cover some of the following issues: applicable law for corporations; private international law of banking; and UK and EU jurisdiction and applicable law rules for contract and delict cases.

LS401R: UK CONSTITUTIONALISM: PAST, PRESENT AND FUTURE (HONOURS)

25 credits

Level 4

First Sub Session

The UK Constitution has long been shrouded in controversy and uncertainty. Through an exploration of some of some of the key aspects of, and issues arising under, the UK Constitution, this course will seek to evaluate critically the nature of the contemporary constitution, with a particular emphasis on the desirability of its arrangements in the twenty-first century.

LS401S: THE COMMERCIAL LEGAL IMPLICATIONS OF BREXIT FOR THE UK

25 credits

Level 4

First Sub Session

This course provides an opportunity to explore in detail the internal and external commercial legal implications of the UK’s decision to withdraw from the European Union. On this course we will consider: the external legal implications of the Brexit for the UK’s future relationship with the EU and for the UK’s trading arrangements once the UK has withdrawn from the EU; the legal implications of Brexit on pre-existing commercial legal arrangements; and the effect of Brexit on different types of EU law that currently affect commerce within the UK and will have varying effects post-Brexit.

LS401U: CORPORATE INSOLVENCY LAW

25 credits

Level 4

First Sub Session

This course explores, through seminar discussion, group presentations and the use of an outside speaker, the legal theory and practice relating to selected domestic and international corporate insolvency law issues, currently directors’ duties in the twilight zone, personal liability of directors, disqualification, corporate rescue, the EU Regulation on Insolvency Proceedings and domestic law provisions on international insolvency including the common law, s 426 of the Insolvency Act 1986 and the Cross-Border Insolvency Regulations 2006. Topics may vary according to topicality.

LS401V: FAMILY LAW (HONOURS)

25 credits

Level 4

First Sub Session

This course considers a number of important topics in contemporary Scots family law. An underlying theme is whether the law in these areas is satisfactory or in need of reform, and what shape reform might take. Topics include; domestic violence, the welfare test, divorce law, family mediation, assisted reproduction, adoption, and international family relocation. There is a comparative element to some of the seminar topics as relevant Scots law is compared with the position in England and/or other jurisdictions. The effects on Scots family law of the European Convention of Human Rights are also explored.

LS401Y: ADVANCED PUBLIC INTERNATIONAL LAW - ADVOCACY SKILLS (HONOURS)

25 credits

Level 4

First Sub Session

The course is based on the Philip C Jessup International Law Moot Court Competition and is intended to develop students’ advanced understanding of public international law, memorial writing and oral presentation skills. Throughout the semester the students, under the guidance of the member of stuff, will work on a case, developing advanced knowledge of the relevant areas of public international law application, composing and refining legal arguments, and furthering the critical approach to own and peers’ written and oral submissions.

LS4025: DISSERTATION

25 credits

Level 4

Full Year

This course, taken over both half sessions by final year honours students, and available only to those students, allows you to write a 10,000 word piece on an aspect of law that you choose with the help of a consultee. Once your topic and plan are approved by the law school you work independently and hand in the dissertation shortly before the Easter Break.   

LS4031: SUCCESSION

25 credits

Level 4

First Sub Session

The course examines in detail complex areas of the law of succession and trusts with an emphasis being placed on discursive reasoning. The topics considered will include vesting in an executor and beneficiary, the absence of beneficiaries, the nature and roles of an executor and trustee, survivorship of beneficiaries and common calamities, formal and essential validity of wills (including the issue of execution of wills by adults with incapacity), updating out of date wills by means of the various conditiones applied by Scots law and similar rules in other legal systems, limitations on testamentary freedom, forfeiture and unworthiness of heirs.

LS4037: SCOTTISH LEGAL HISTORY (HONOURS)

25 credits

Level 4

First Sub Session

This course provides students with a knowledge and understanding of certain key points in Scottish legal history. Seminar topics have been chosen to show students how to evaluate primary material as well as to engage with academic debate. Students will also in some seminars engage with research projects based at Aberdeen.

LS4039: ANIMAL WELFARE LAW (HONOURS)

25 credits

Level 4

First Sub Session

This course examines the way in which the law regulates the treatment of animals in Britain. Topics include: historical development; legal and moral status of animals; the basis and nature of regulation; the legal and political framework, including the impact of the WTO and the EU; the legal meaning of unnecessary suffering; the scientific concept of animal welfare; enforcement; and legislation relating to animals in specific contexts. Consideration is also given to relevant political, scientific, ethical and commercial issues which influence the substantive law. Students are expected to undertake significant personal research focused on the coursework and pre-released examination questions.

LS4045: RURAL LAW (HONOURS)

25 credits

Level 4

First Sub Session

This honours course studies aspects of Scots law that are of particular interest to rural and peri-urban Scotland, including private law concerns such as agricultural holdings and crofting law, public law concerns like planning and national parks, and context specific issues like rural land use (including deer and grouse moor management).

LS4047: GOVERNMENT AND LAW (HONOURS)

25 credits

Level 4

First Sub Session

This course concerns the relationship between law and politics in United Kingdom. In view of the highly topical nature of the subject-matter, the specific issues which are focused upon each year are determined by the members of the course, in consultation with the course co-ordinator. Recent examples include: devolution; response to terrorism; the role of the Prime Minister; reform of the House of Lords. In addition to developing an understanding of particular topics, the course places considerable emphasis on developing research and analytical skills.  Students are expected to undertake significant personal research focused on the coursework and pre-released examination questions.

LS4050: EUROPEAN ECONOMIC LAW

25 credits

Level 4

First Sub Session

Historically, markets of the EEC/EU were integrated mainly on the basis of the case law of ECJ/CJEU using fundamental freedoms as a tool. Today, these freedoms are still an important pillar of the economic constitution, but free trade and competition between Member States’ undertakings have to be supported by other policies and the creation of competition in markets that suffer from market failure. This course looks at the integrating function of fundamental freedoms and develops further insights into the essential influence that the European Legal Order has on State domestic legal systems - and also, especially, on the economic systems. 

LS4067: CORPORATE FINANCE LAW

25 credits

Level 4

First Sub Session

This is an optional course at honours level for students interested in how companies finance their business activities and would be suitable for those students seeking to specialise in corporate law.  The course shall examine the law concerning both the financing of small and medium-sized companies and the financing of the largest public limited companies. A reasonable, but not exhaustive list of financing techniques will be studied, including some innovative techniques. The law concerning the raising of finance through the issue of shares and bonds in public markets will also be analysed.

LS4069: CONTRACT LAW (HONOURS)

25 credits

Level 4

First Sub Session

The course builds upon the basic understanding of contract law acquired in Contract (LS1520), although it is  important to understand that the topics are approached from a more theoretical perspective, and will critically evaluate at an advanced level, a number of themes introduced in LS1520. The course approaches a selection of current problems in contract law doctrine from the theoretical, comparative and philosophical perspectives. The topics  will vary annually but will include the philosophical basis of contract law, contractual formation, good faith, promise,  contractual remedies, factors vitiating consent, contractual interpretation and risk management through contract (exclusion clauses, penalty clauses etc).

LS4072: LAW, ELECTIONS AND DEMOCRACY

25 credits

Level 4

First Sub Session

This course considers the ways in which the law provides for ‘free and fair’ elections and referendums. It introduces students to the ways in which Parliament and the courts regulate voting, candidacy, campaigning, and political parties; and considers how the laws governing elections are made and reformed. The focus is on critical analysis of the adequacy of the existing law, considering ways that reform might strengthen the processes of our electoral democracy.

LS4086: THE LAW OF LEASES IN SCOTLAND

25 credits

Level 4

First Sub Session

The aim of this course is to ensure that participants can develop a good grounding in an important field of law.  In particular, the course will cover the following topics: The philosophy of the lease; the history of the lease in Scotland; the interaction of common law and statute in the Scottish law of leases; the residential lease – public sector/private sector; recent statutory developments in respect of residential tenancies; agricultural leases; commercial leases; special situations – windfarm leases, long leases, the registration of leases, leases in the form A, B & C → A; endgame situations - recovery, removing, ejection, notices. 

LS451K: COPYRIGHT AND ALLIED RIGHTS

25 credits

Level 4

Second Sub Session

This course considers various aspects of copyright law including subject matter, the term of protection, criteria for protection, infringement and defences, and the moral rights of authors. Copyright is of importance given the value of the digital economy and the significance of the cultural industries. In terms of career opportunities, students may practice in large intellectual property firms or provide advice to large entertainment companies etc.

LS451L: INTELLECTUAL PROPERTY LAW

25 credits

Level 4

Second Sub Session

The course explores patents (right to control an invention) and trade marks (right to control the use of a sign, commonly, but not necessarily, a logo).  We will consider  theoretical arguments for and against them, thresholds which must be met for them to exist and be infringed, the relevant international, regional and UK frameworks and limits on the rights conferred. Particular attention will be paid to contemporary controversies.  We will also consider the various avenues by which these registered rights can be obtained and the relevance of other legal fields to the power conferred.  Assessment is by essay and exam.  

LS451P: VOLUNTARY SCOTLAND: SCOTTISH CHARITIES, CLUBS, COMMUNITY ORGANISATIONS AND UNINCORPORATED ASSOCIATIONS

25 credits

Level 4

Second Sub Session

Many students will be members of clubs and societies, and will go on to become board members for clubs and charities, or community organisation chairpersons and secretaries. This course is for them.

Scottish Charities are regulated by OSCR. Rights of local communities to acquire land are enshrined in statute. Clubs flourish and community empowerment has been the subject of legislation in the Scottish Parliament. However, private clubs can exclude women members, and the law accepts this. The form of business model available to community organisations may be problematic. The legal status of unincorporated associations is unclear. That’s our topic.

LS451U: INTERNATIONAL TRADE LAW

25 credits

Level 4

Second Sub Session

This course considers aspects of international trade law and addresses the legal and practical difficulties that may arise in this context. It focuses on the law and practice relating to international sale of goods, international carriage of goods, insurance, financing of international trade, and international commercial dispute resolution by litigation and arbitration.

LS451V: CRIMINAL EVIDENCE (HONOURS)

25 credits

Level 4

Second Sub Session

The course seminars will engage students with: Proof and understanding probability evidence; issues/solutions with expert evidence; issues surrounding evidence from vulnerable witnesses; issues in Corroboration and Similar Fact Evidence; Hearsay evidence and issues surrounding the Presumption of Innocence, Reverse burdens of Proof and Human Rights

.

LS451W: COMPETITION LAW

25 credits

Level 4

Second Sub Session

This course focuses on the complex problems of establishing a correct legal regulation of competitive conditions in the EU. We examine: the economic theory of competition and the difficulties of translating this into effective legal regulation; the operation of Art 101 TFEU in multi-level and other complex markets; current developments within Art 102 TFEU; reform of the public and the private enforcement of EU Competition law.

LS452B: COMMERCIAL PROPERTY LAW

25 credits

Level 4

Second Sub Session

The honours conveyancing course examines a selection of issues arising from contemporary property transactions. This will include investigation of the list of real and public rights available in Scots law (the numerus clausus principle) and its possible extension, the identification of how rights are created and transmitted, tenemental property regimes and minerals extraction, boundary disputes and settlement of boundary issues, land registration, real burdens and servitudes, restrictions on the use of land, the use of trusts to emulate real rights, the methods of transmission of property (including missives and electronic conveyancing) and the practical application of conveyancing theory to practice.

LS452C: CORPORATE GOVERNANCE

25 credits

Level 4

Second Sub Session

This course will discuss the trajectory of the development of corporate governance over the past three decades, especially in the UK and the US, with a view to understanding the extent to which underlying theoretical assumptions and policy decisions impact legislative, regulatory and self-regulatory arrangements as well as reform options. Students will gain an understanding of why the company as a legal entity has the shape and form that it does; why certain actors are regarded as internal to corporate governance arrangements and others external; and why ongoing (and sometimes apparently futile) reform efforts take the form that they do. 

LS452D: PRIVATE PROPERTY AND THE COMMON GOOD

25 credits

Level 4

Second Sub Session

 Property law is traditionally taught within the sphere of private law. This custom does not fully reflect that property law - and particularly land law - is often shaped by public policy, public needs and even public desires. Scotland provides a fascinating case study of the fact that property law can be and is being bent to the common good. This course will analyse and critique this trend, with reference to important pieces of land reform legislation and associated developments.

LS452E: CONTEMPORARY LEGAL ISSUES IN EUROPEAN INTEGRATION

25 credits

Level 4

First Sub Session

The course develops  knowledge of EU law acquired at Level 2. Students are invited to engage with timeless questions of European integration which remain of current concern, such as the legitimacy of law-making and the appropriate means of achieving integration. Discussions will address contemporary issues in European Union law diagnosing the present state of the law, and determining how the constitutional settlement of the EU should be developed. This will enable students to articulate their own views of what the EU is, and what it should be. Topics include economic law, family law, human rights law, institutional law and democratization.

LS452F: COMPANY LAW (HONOURS)

25 credits

Level 4

First Sub Session

This course is useful for students who are interested in consolidating their knowledge of Company Law. It covers a wide variety of topics including the nature and function of limited liability, minority shareholder protection, directors’ duties, company contracts and legal capital. There are numerous career opportunities associated with this course.

LS4543: DELICT (HONOURS)

25 credits

Level 4

Second Sub Session

This course, builds upon the introduction to Delict provided in LS2025 and examines a number of aspects of the law of delict in greater detail.  Topics will be discussed in a comparative, historical and/or theoretical context.  The specific topics covered will vary on a year-by-year basis as the course aims to examine issues of topical interest.  Some of the topics covered in previous years include: causation; product liability; liability for breach of privacy; liability for pure economic loss; psychiatric injury; advocates' immunity and the liability of the police for negligently-conducted investigations.

LS4553: LAW AND MEDICAL ETHICS

25 credits

Level 4

Second Sub Session

Changes in medical technology frequently cause changes in ethical attitudes and in the content of the law. The purpose of this course is to explore the interaction between law, ethics and medicine with an emphasis on the ethical aspects.

LS4557: ADMINISTRATIVE LAW (HONOURS)

25 credits

Level 4

Second Sub Session

This course examines the relationship between the law and the exercise of public power.  Topics covered include: consideration of the state in the United Kingdom and its changing nature; the character of public administration and the evolution of administrative law; the development, role and impact of judicial review in both Scotland and England; and non-judicial mechanisms by which public administrative power is regulated, by reference to particular topical case studies.  This is a skill-based course: students are expected to undertake significant personal research focused on the coursework and pre-released examination questions.

LS4559: EUROPEAN LEGAL HISTORY (HONOURS)

25 credits

Level 4

Second Sub Session

Great diversity can be traced in the historical development of the legal systems of modern Europe. Nonetheless, that diversity has been shaped by various common traditions of legal ideas and intellectual movements. These were influential across the continent at different times and in different ways. One aim of this course is to understand how such traditions of legal ideas, such as those found in the scholarship of the medieval Civilians and Canonists, helped to shape contemporary law as it conceptualised, practised and taught in many different jurisdictions. It will focus on the period ca.500 BC – 1800.  

LS4561: MEDIA LAW (HONOURS)

25 credits

Level 4

Second Sub Session

Through a series of seminars, this course engages students with a body of ‘media law’ which covers topics such as the freedom of the press, freedom of expression, access to information, open justice principle on the one hand, and on the other hand, obscene publications, defamation, right to fair trial, right to privacy, and right of publicity.  The focus is on the regulation of media contents.  While the course follows the relevant current developments in the law, it also lays the foundation and the broader social and historical contexts within which these developments take place.

LS4577: CRIMINOLOGY (HONOURS)

25 credits

Level 4

Second Sub Session

This course examines theories that attempt to explain why people act in a deviant or criminal manner. We will consider theories that explain deviance (in whole or in part) as the product of (1) biological features of the deviant; (2) economic forces; (3) environmental conditions; and (4) the 'labels' social groups assign to certain types of conduct. We will also look at the means by which criminal statistics are gathered, and the extent to which they are accurate. The course is taught through seven 1hour lectures and six 1hour seminars. There is one assessed essay (33%) and an exam (67%).

LS4584: THE USE OF FORCE IN INTERNATIONAL LAW (HONOURS)

25 credits

Level 4

Second Sub Session

The course analyses how international law regulates the use of armed force between States. The course will first study the fundamental principle of the prohibition on the use of force between States. It will then examine the current exceptions to this principle, and how States try to justify the use of force. In doing so, the course will study the most recent recourses to force on the international plane, in particular in Kosovo, Afghanistan, Iraq, Libya, Syria, and Ukraine.  

LS4591: CIVIL LIBERTIES: POLITICAL RIGHTS AND HUMAN RIGHTS LAW

25 credits

Level 4

Second Sub Session

This constitutional law course considers how core political freedoms are protected by human rights law in the UK.  The course takes the form of seminar discussion, based on prescribed reading, of civil liberties such as freedom of expression; freedom of thought; freedom to protest; and the right to vote.  Students are encouraged to reflect critically on how the law guarantees those rights. The broader context of class discussion includes the relationship between the law of the ECHR and domestic law on human rights; and the balance of power between courts, Parliament and government to determine the scope of civil liberties.

LX4011: LAW OF SALES (HONOURS)

30 credits

Level 4

First Sub Session

This course examines the law of sales in both a Scottish and international context. Seminar topics will give students a good working knowledge of issues which occur when a difficulty arises (e.g. non-conformity of goods, passing of risk, damages, exemption, avoidance) and the role of important European law as well as international treaties and conventions.

LX4019: CRIMINAL JUSTICE (HONOURS)

30 credits

Level 4

First Sub Session

This course looks in depth at certain of the main aspects of the Scottish criminal justice process, focussing upon its mainly adversarial nature. Some comparisons are drawn with the inquisitorial processes of continental Europe. Topics addressed include: prosecution systems; the position of the accused; the status granted to the victim; plea-bargaining; the trial process; and appeals. The emphasis is not so much on ‘black-letter law’ but on the principles and policies, often clashing, which underlie the detailed legal rules and regulations governing the relevant institutions and processes.

LX401E: GENDER, LAW AND SOCIETY

30 credits

Level 4

First Sub Session

The issue of how gender impacts upon and interrelates with law and legal processes is topical and socially important, with questions relating to gender equality and violence against women currently attracting a high degree of academic, media and government attention. This course will introduce students to current legal dilemmas and legal responses in these areas, in addition to sociolegal and feminist approaches to law.  

LX401F: INTERNATIONAL LAW: A TIME OF CHALLENGES

30 credits

Level 4

First Sub Session

The course analyses recent developments in public international law. It first considers the sources of public international law. The question is then asked whether traditional public international law can regulate pressing issues on the international plane. Examples of these problems are: international terrorism, nuclear weapons proliferation, protection of human rights, ethnic conflicts, and climate change. The course encourages the student to think creatively as an international lawyer to resolve contemporary international dilemmas. Teaching will be delivered through discussion based seminars. Assessment is based on the drafting of an essay and an exam.

LX401H: ABORTION LAW HONOURS

30 credits

Level 4

First Sub Session

The course examines abortion law in Scotland, the wider UK, Europe, countries beyond Europe, and international law. It is non-partisan and welcomes students of all viewpoints. Topics will be chosen annually to reflect current legal debates but might include: concepts of ‘rights’ with respect to abortion; roles of fathers; factors which affect access to legal abortion; regulation of the medical profession; or case-studies on legal systems where abortion law has become topical.

LX401P: INTERNATIONAL HUMAN RIGHTS LAW

30 credits

Level 4

First Sub Session

The course is intended to offer insights into the dynamics of the development of international human rights law. It provides advanced instruction in several key aspects of international human rights law (freedom from torture, freedom of religion, social rights, right to self-determination, etc.) in order to develop a critical understanding of the protection of human rights at the global level. It also seeks to shed light on the way the forces of globalisation and global civil society activism shape the conditions under which human rights law can be created and maintained.

LX401Q: PRIVATE INTERNATIONAL LAW OF COMMERCIAL LAW HONOURS

30 credits

Level 4

First Sub Session

The course will provide a clear overview of the commercial law conventions and principles made at the Hague Conference on Private International Law, as well as an analysis of the working methods of the Hague Conference in making, reviewing and helping to ensure uniform interpretation of Conventions. Students will acquire a thorough knowledge of the Hague Choice of Court Agreements Convention (2005), the Hague Principles on Choice of Law in International Commercial Contracts 2015 and the Hague Recognition and Enforcement of Judgments Convention (first draft 2016). The course will also cover some of the following issues: applicable law for corporations; private international law of banking; and UK and EU jurisdiction and applicable law rules for contract and delict cases.

LX401R: UK CONSTITUTIONALISM: PAST, PRESENT AND FUTURE (HONOURS)

30 credits

Level 4

First Sub Session

The UK Constitution has long been shrouded in controversy and uncertainty. Through an exploration of some of some of the key aspects of, and issues arising under, the UK Constitution, this course will seek to evaluate critically the nature of the contemporary constitution, with a particular emphasis on the desirability of its arrangements in the twenty-first century.

LX401S: THE COMMERCIAL LEGAL IMPLICATIONS OF BREXIT FOR THE UK

30 credits

Level 4

First Sub Session

This course provides an opportunity to explore in detail the internal and external commercial legal implications of the UK’s decision to withdraw from the European Union. On this course we will consider: the external legal implications of the Brexit for the UK’s future relationship with the EU and for the UK’s trading arrangements once the UK has withdrawn from the EU; the legal implications of Brexit on pre-existing commercial legal arrangements; and the effect of Brexit on different types of EU law that currently affect commerce within the UK and will have varying effects post-Brexit.

LX401U: CORPORATE INSOLVENCY LAW

30 credits

Level 4

First Sub Session

This course explores, through seminar discussion, group presentations and the use of an outside speaker, the legal theory and practice relating to selected domestic and international corporate insolvency law issues, currently directors’ duties in the twilight zone, personal liability of directors, disqualification, corporate rescue, the EU Regulation on Insolvency Proceedings and domestic law provisions on international insolvency including the common law, s 426 of the Insolvency Act 1986 and the Cross-Border Insolvency Regulations 2006. Topics may vary according to topicality.

LX4025: DISSERTATION

30 credits

Level 4

First Sub Session

This course, that is only available to final year honours students, allows you to write a 10,000 word piece on an aspect of law that you choose with the help of a supervisor. Once your topic and plan are approved by the law school you work independently and hand in the dissertation shortly before the Easter Break.

LX4037: SCOTTISH LEGAL HISTORY (HONOURS)

30 credits

Level 4

First Sub Session

This course provides students with a knowledge and understanding of certain key points in Scottish legal history from the 14th to the 18th centuries. Seminar topics have been chosen to show students how to evaluate primary material as well as to engage with academic debate. Students will also in some seminars engage with the research projects based at Aberdeen.

LX4039: ANIMAL WELFARE LAW (HONOURS)

30 credits

Level 4

First Sub Session

This course examines the way in which the law regulates the treatment of animals in Britain. Topics include: historical development; legal and moral status of animals; the basis and nature of regulation; the legal and political framework, including the impact of the WTO and the EU; the legal meaning of unnecessary suffering; the scientific concept of animal welfare; enforcement; and legislation relating to animals in specific contexts. Consideration is also given to relevant political, scientific, ethical and commercial issues which influence the substantive law. Students are expected to undertake significant personal research focused on the coursework and pre-released examination questions.

LX4045: RURAL LAW (HONOURS)

30 credits

Level 4

First Sub Session

This honours course studies aspects of Scots law that are of particular interest to rural and peri-urban Scotland, including private law concerns such as agricultural holdings and crofting law, public law concerns like planning and national parks, and context specific issues like rural land use (including deer and grouse moor management).

LX4047: GOVERNMENT AND LAW (HONOURS)

30 credits

Level 4

First Sub Session

This course concerns the relationship between law and politics in United Kingdom. In view of the highly topical nature of the subject-matter, the specific issues which are focused upon each year are determined by the members of the course, in consultation with the course co-ordinator. Recent examples include: devolution; response to terrorism; the role of the Prime Minister; reform of the House of Lords. In addition to developing an understanding of particular topics, the course places considerable emphasis on developing research and analytical skills.  Students are expected to undertake significant personal research focused on the coursework and pre-released examination questions.

LX4050: EUROPEAN ECONOMIC LAW

30 credits

Level 4

First Sub Session

Historically, markets of the EEC/EU were integrated mainly on the basis of the case law of ECJ/CJEU using fundamental freedoms as a tool. Today, these freedoms are still an important pillar of the economic constitution, but free trade and competition between Member States’ undertakings have to be supported by other policies and the creation of competition in markets that suffer from market failure. This course looks at the integrating function of fundamental freedoms and develops further insights into the essential influence that the European Legal Order has on State domestic legal systems - and also, especially, on the economic systems. 

LX4067: CORPORATE FINANCE LAW

30 credits

Level 4

First Sub Session

This is an optional course at honours level for students interested in how companies finance their business activities and would be suitable for those students seeking to specialise in corporate law.  The course shall examine the law concerning both the financing of small and medium-sized companies and the financing of the largest public limited companies. A reasonable, but not exhaustive list of financing techniques will be studied, including some innovative techniques. The law concerning the raising of finance through the issue of shares and bonds in public markets will also be analysed.

LX4072: LAW, ELECTIONS AND DEMOCRACY

30 credits

Level 4

First Sub Session

This course considers the ways in which the law provides for ‘free and fair’ elections and referendums. It introduces students to the ways in which Parliament and the courts regulate voting, candidacy, campaigning, and political parties; and considers how the laws governing elections are made and reformed. The focus is on critical analysis of the adequacy of the existing law, considering ways that reform might strengthen the processes of our electoral democracy.

LX4086: THE LAW OF LEASES IN SCOTLAND

30 credits

Level 4

First Sub Session

The aim of this course is to ensure that participants can develop a good grounding in an important field of law.  In particular, the course will cover the following topics: The philosophy of the lease; the history of the lease in Scotland; the interaction of common law and statute in the Scottish law of leases; the residential lease – public sector/private sector; recent statutory developments in respect of residential tenancies; agricultural leases; commercial leases; special situations – windfarm leases, long leases, the registration of leases, leases in the form A, B & C → A; endgame situations - recovery, removing, ejection, notices. 

LX451K: COPYRIGHT AND ALLIED RIGHTS

30 credits

Level 4

Second Sub Session

This course considers various aspects of copyright law including subject matter, the term of protection, criteria for protection, infringement and defences, and the moral rights of authors. Copyright is of importance given the value of the digital economy and the significance of the cultural industries. In terms of career opportunities, students may practice in large intellectual property firms or provide advice to large entertainment companies etc.

LX451L: INTELLECTUAL PROPERTY LAW

30 credits

Level 4

Second Sub Session

The course explores patents (right to control an invention) and trade marks (right to control the use of a sign, commonly, but not necessarily, a logo).  We will consider  theoretical arguments for and against them, thresholds which must be met for them to exist and be infringed, the relevant international, regional and UK frameworks and limits on the rights conferred. Particular attention will be paid to contemporary controversies.  We will also consider the various avenues by which these registered rights can be obtained and the relevance of other legal fields to the power conferred.  Assessment is by essay and exam.  

LX451P: VOLUNTARY SCOTLAND: SCOTTISH CHARITIES, CLUBS, COMMUNITY ORGANISATIONS AND UNINCORPORATED ASSOCIATIONS

30 credits

Level 4

Second Sub Session

Many students will be members of clubs and societies, and will go on to become board members for clubs and charities, or community organisation chairpersons and secretaries. This course is for them.

Scottish Charities are regulated by OSCR. Rights of local communities to acquire land are enshrined in statute. Clubs flourish and community empowerment has been the subject of legislation in the Scottish Parliament. However, private clubs can exclude women members, and the law accepts this. The form of business model available to community organisations may be problematic. The legal status of unincorporated associations is unclear. That’s our topic.

LX451U: INTERNATIONAL TRADE LAW

30 credits

Level 4

Second Sub Session

This course considers aspects of international trade law and addresses the legal and practical difficulties that may arise in this context. It focuses on the law and practice relating to international sale of goods, international carriage of goods, insurance, financing of international trade, and international commercial dispute resolution by litigation and arbitration.

LX451V: CRIMINAL EVIDENCE (HONOURS)

30 credits

Level 4

Second Sub Session

The course seminars will engage students with: Proof and understanding probability evidence; issues/solutions with expert evidence; issues surrounding evidence from vulnerable witnesses; issues in Corroboration and Similar Fact Evidence; Hearsay evidence and issues surrounding the Presumption of Innocence, Reverse burdens of Proof and Human Rights

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LX452C: CORPORATE GOVERNANCE

30 credits

Level 4

Second Sub Session

This course will discuss the trajectory of the development of corporate governance over the past three decades, especially in the UK and the US, with a view to understanding the extent to which underlying theoretical assumptions and policy decisions impact legislative, regulatory and self-regulatory arrangements as well as reform options. Students will gain an understanding of why the company as a legal entity has the shape and form that it does; why certain actors are regarded as internal to corporate governance arrangements and others external; and why ongoing (and sometimes apparently futile) reform efforts take the form that they do. 

LX452E: CONTEMPORARY LEGAL ISSUES IN EUROPEAN INTEGRATION

30 credits

Level 4

First Sub Session

The course develops knowledge of EU law acquired at Level 2. Students are invited to engage with timeless questions of European integration which remain of current concern, such as the legitimacy of law-making and the appropriate means of achieving integration. Discussions will address contemporary issues in European Union law diagnosing the present state of the law, and determining how the constitutional settlement of the EU should be developed. This will enable students to articulate their own views of what the EU is, and what it should be. Topics include economic law, family law, human rights law, institutional law and democratization.

LX452F: COMPANY LAW (HONOURS)

30 credits

Level 4

First Sub Session

This course is useful for students who are interested in consolidating their knowledge of Company Law. It covers a wide variety of topics including the nature and function of limited liability, minority shareholder protection, directors’ duties, company contracts and legal capital. There are numerous career opportunities associated with this course.

LX4543: DELICT (HONOURS)

30 credits

Level 4

Second Sub Session

This course, available only to Honours LLB students, builds upon the introduction to Delict provided in LS2025 and examines a number of aspects of the law of delict in greater detail.  Topics will be discussed in a comparative, historical and/or theoretical context.  The specific topics covered will vary on a year-by-year basis as the course aims to examine issues of topical interest.  Some of the topics covered in previous years include: causation; product liability; liability for breach of privacy; liability for pure economic loss; psychiatric injury; advocates' immunity and the liability of the police for negligently-conducted investigations.

LX4553: LAW AND MEDICAL ETHICS

30 credits

Level 4

Second Sub Session

Changes in medical technology frequently cause changes in ethical attitudes and in the content of the law. The purpose of this course is to explore the interaction between law, ethics and medicine with an emphasis on the ethical aspects.

LX4557: ADMINISTRATIVE LAW (HONOURS)

30 credits

Level 4

Second Sub Session

This course examines the relationship between the law and the exercise of public power.  Topics covered include: consideration of the state in the United Kingdom and its changing nature; the character of public administration and the evolution of administrative law; the development, role and impact of judicial review in both Scotland and England; and non-judicial mechanisms by which public administrative power is regulated, by reference to particular topical case studies.  This is a skill-based course: students are expected to undertake significant personal research focused on the coursework and pre-released examination questions.

LX4559: EUROPEAN LEGAL HISTORY (HONOURS)

30 credits

Level 4

Second Sub Session

Great diversity can be traced in the historical development of the legal systems of modern Europe. Nonetheless, that diversity has been shaped by various common traditions of legal ideas and intellectual movements. These were influential across the continent at different times and in different ways. One aim of this course is to understand how such traditions of legal ideas, such as those found in the scholarship of the medieval Civilians and Canonists, helped to shape contemporary law as it conceptualised, practised and taught in many different jurisdictions. It will focus on the period ca.500 BC – 1800.   

LX4561: MEDIA LAW (HONOURS)

30 credits

Level 4

Second Sub Session

Through a series of seminars, this course engages students with a body of ‘media law’ which covers topics such as the freedom of the press, freedom of expression, access to information, open justice principle on the one hand, and on the other hand, obscene publications, defamation, right to fair trial, right to privacy, and right of publicity.  The focus is on the regulation of media contents.  While the course follows the relevant current developments in the law, it also lays the foundation and the broader social and historical contexts within which these developments take place.

LX4577: CRIMINOLOGY (HONOURS)

30 credits

Level 4

Second Sub Session

This course examines theories that attempt to explain why people act in a deviant or criminal manner. We will consider theories that explain deviance (in whole or in part) as the product of (1) biological features of the deviant; (2) economic forces; (3) environmental conditions; and (4) the 'labels' social groups assign to certain types of conduct. We will also look at the means by which criminal statistics are gathered, and the extent to which they are accurate. The course is taught through seven 1hour lectures and six 1hour seminars. There is one assessed essay (33%) and an exam (67%).

LX4584: THE USE OF FORCE IN INTERNATIONAL LAW (HONOURS)

30 credits

Level 4

Second Sub Session

The course analyses how international law regulates the use of armed force between States. The course will first study the fundamental principle of the prohibition on the use of force between States. It will then examine the current exceptions to this principle, and how States try to justify the use of force. In doing so, the course will study the most recent recourses to force on the international plane, in particular in Kosovo, Afghanistan, Iraq, Libya, Syria, and Ukraine.  

LX4591: CIVIL LIBERTIES: POLITICAL RIGHTS AND HUMAN RIGHTS LAW

30 credits

Level 4

Second Sub Session

This constitutional law course considers how core political freedoms are protected by human rights law in the UK.  The course takes the form of seminar discussion, based on prescribed reading, of civil liberties such as freedom of expression; freedom of thought; freedom to protest; and the right to vote.  Students are encouraged to reflect critically on how the law guarantees those rights. The broader context of class discussion includes the relationship between the law of the ECHR and domestic law on human rights; and the balance of power between courts, Parliament and government to determine the scope of civil liberties.

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