Last modified: 01 Oct 2025 13:47
Criminal law and philosophy are intertwined. The course looks at some of the institutions of the criminal law – with particular focus on common law systems (Scotland, England & Wales), as well as some references to continental/civil law systems (Germany and Spain) – and applying a philosophical lens to them. It will examine the principled underpinnings of the discipline. The course will address theoretically-relevant aspects of the criminal law, such as principles of criminalisation, causation, mental states, and culpability, and examine how these aspects connect to philosophical concepts and principles, such as the theory of action, metaethics, and the philosophy of mind.
| Study Type | Undergraduate | Level | 4 |
|---|---|---|---|
| Term | Second Term | Credit Points | 30 credits (15 ECTS credits) |
| Campus | Aberdeen | Sustained Study | No |
| Co-ordinators |
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One or more of these courses have a limited number of places. Priority access will be given to students for whom this course is compulsory. Please refer to the Frequently Asked Questions for more details on this process.
In this course, students will critically discuss and learn about the philosophical underpinnings of the criminal law. These are the concepts, principles, and frameworks of analysis that can be found in philosophy, with which the criminal law then forms and gives content to its doctrines, case law, and institutional structures. The focus will be both on the general part of the criminal law, as well as on the broader legal and political context in which the criminal law is situated. The aim of the course is to show the connections between different aspects of the criminal law and how they work, and interplay with discussions and ideas developed in philosophy. Identifying these interconnections allows the basis under which criminal law functions, and the assumptions needed to justify the way it functions, to become clearer and enable students to be better understand not just how the criminal law works , but why it works as it does. They will also gain useful critical skills and tools for independent analysis of criminal practices and policies.
The course focuses on the general part of the criminal law and takes a principled approach to studying three broad pillars: the functions of criminal law and criminalisation, the structure of crimes, and criminal responsibility. The first part of the course will examine the functions and limits of the criminal law, and some of the main puzzles that have been posed about how far the criminal law should extend in our socio-political lives including a discussion of. It discusses the potential relationship between the criminal law and moral philosophy more generally, and some of the challenges of trying to establish the boundaries of the criminal law, such as the difference between civil and criminal jurisdiction, and the difference between mala in se and mala prohibita offences. The course then focuses on the essential tool of the criminal law – criminal offences – and the discipline which theorises its justification – criminalisation theory. In doing so, the course shows the connections between criminalisation theory, moral philosophy, the philosophy of normativity, and metaethics.
The course will then address the two building blocks of offences – actus reus and mens rea – and examine how they are connected to different areas of philosophy e.g philosophy of action and philosophy of mind. For actus reus, we will discuss what constitutes an action, and how our understanding of causation can affect our assigning of liability for actions. For mens rea, we will look at issues regarding mental states and how we define them, the concept of intentionality and its relationship to mental states, and some of the relevant philosophical discussions from philosophy of mind and epistemology.
The final part of the course shifts the focus to criminal responsibility, and how moral philosophy has shaped our understanding of how responsibility should be assigned, how blame is to be justified, and how punishment should be carried out with a particular focus on the distinction between justifications and excuses, and how different understandings of defences are, in large part, dependent on different understandings of reasons.
Information on contact teaching time is available from the course guide.
| Assessment Type | Summative | Weighting | 50 | |
|---|---|---|---|---|
| Assessment Weeks | 32 | Feedback Weeks | 35 | |
| Feedback |
3,000-word essay – excluding bibliography and footnotes – in which students get to choose one topic from three essay questions, one for each seminar so far (seminar 1-3). A note will be made on not using footnotes to make substantive points, in order to bypass the word limit. The essay questions will be released on MyAberdeen on week 29 (between seminars 2 and 3). Feedback is provided individually for each script, and general feedback will be provided in seminar 5. |
Word Count | 3000 | |
| Knowledge Level | Thinking Skill | Outcome |
|---|---|---|
| Conceptual | Analyse | Analyse the relationship between philosophical concepts and principles, and the ways in which they are integrated (or not) into the doctrines and practices of the criminal law. |
| Conceptual | Evaluate | Critically evaluate and engage with the philosophical assumptions underpinning the doctrines and practices of the criminal law. |
| Conceptual | Understand | Develop knowledge and understanding of the conceptual tools used by the criminal law, including the theories and principles that underpin doctrine and practice. |
| Assessment Type | Summative | Weighting | 50 | |
|---|---|---|---|---|
| Assessment Weeks | 39 | Feedback Weeks | 43 | |
| Feedback |
3,000-word essay – excluding bibliography and footnotes – in which students get to choose one topic from three essay questions, one for each seminar so far (seminar 4-6). A note will be made on not using footnotes to make substantive points, in order to bypass the word limit. Essay questions will be released on MyAberdeen on week 36. Feedback is provided individually for each script. |
Word Count | 3000 | |
| Knowledge Level | Thinking Skill | Outcome |
|---|---|---|
| Conceptual | Analyse | Analyse the relationship between philosophical concepts and principles, and the ways in which they are integrated (or not) into the doctrines and practices of the criminal law. |
| Conceptual | Evaluate | Critically evaluate and engage with the philosophical assumptions underpinning the doctrines and practices of the criminal law. |
| Conceptual | Understand | Develop knowledge and understanding of the conceptual tools used by the criminal law, including the theories and principles that underpin doctrine and practice. |
There are no assessments for this course.
| Assessment Type | Summative | Weighting | ||
|---|---|---|---|---|
| Assessment Weeks | Feedback Weeks | |||
| Feedback |
Re-submission of failed element in re-sit diet; the failed course will be capped at grade 09 (D3). |
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| Knowledge Level | Thinking Skill | Outcome |
|---|---|---|
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| Knowledge Level | Thinking Skill | Outcome |
|---|---|---|
| Conceptual | Evaluate | Critically evaluate and engage with the philosophical assumptions underpinning the doctrines and practices of the criminal law. |
| Conceptual | Understand | Develop knowledge and understanding of the conceptual tools used by the criminal law, including the theories and principles that underpin doctrine and practice. |
| Conceptual | Analyse | Analyse the relationship between philosophical concepts and principles, and the ways in which they are integrated (or not) into the doctrines and practices of the criminal law. |
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