Last modified: 14 Nov 2023 16:46
The course provides students with an introduction to some of the topical issues of legal theory combining theoretical discussion with practical examples. The course aims to give students an accessible introduction to some important theoretical concepts and help them to develop their skills in critical thinking. The modular structure of the course makes sure that students will be exposed to a wide range of theoretical concepts and approaches. Theoretical concepts will be discussed in the context of practical issues helping students to see the relevance of those concepts. The course consists of four modules and each module consists of three lectures and one tutorial. At present, the four modules are as follows: (Judicial decision-making, Feminist legal theory, Law and technology, Truth in law and science.)
|Session||Second Sub Session||Credit Points||7.5 credits (3.75 ECTS credits)|
The module will explain the difference between the justification and the explanation of judicial decisions. It will introduce students to the key concepts of legal reasoning (eg. deductive reasoning, syllogism, formalism, the open texture of law) and analyse to what extent legal reasoning is guided by logic. The module will also cover the most important challenges to the formalist theory of legal reasoning and gives a brief overview of the attitudinal model of judicial decision-making.
The feminist legal theory module will introduce students to the key themes and tensions in feminist legal thought. For example, it will address the concept of intersectionality, the contribution and significance of feminist judgment projects, and the sameness/difference debate. Students will also gain understanding of how feminist legal scholars have critiqued the following: the narrow, individualistic focus of the law; the private/public distinction; the notion that law and legal method are neutral; the usefulness of the concept of equality and rights discourse; and the assumption that law reform can effectively deliver social change. The module will draw upon concrete legal issues and cases to enhance student understanding of the various feminist approaches.
The module will explore the relationship between law and technology from a historical and comparative perspective. On the one hand, it will focus on "technology as law", i.e. as a regulatory tool to constrain or enable human behaviour. On the other hand, it will present the legal challenges of regulating emerging technologies, for instance how the law reacts to technological innovation and what are the methods for legal foresight.
The three lectures will examine what we mean by truth in the contexts respectively of law and of science. How is truth established in each case and with what purpose or purposes in mind? What happens when law and science interact in the context of litigation or regulation? Do their notions of truth coincide or collide? Examples will be considered from cases involving, for example, complex causation, the precautionary principle, etc.
Information on contact teaching time is available from the course guide.
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Feedback within 3 working weeks. If students would like further feedback, they may contact the course co-ordinator to arrange an individual appointment.
|Assessment Weeks||33||Feedback Weeks||35|
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