Legal Theory

Overview

This module is designed to equip students with the skills to better understand law, to ask questions about what law ‘is’ and what it ‘ought’ to be from a variety of perspectives. In doing so, students are encouraged to
consider their own views and understandings of law, but also to encounter a range of new views and understandings. This involves moving from a ‘black letter’ understanding of law and legal rules to engage with law in a more conceptual, creative and critical way. Students will explore a number of different theoretical perspectives which each provide contrasting ways to think about on law, legal institutions and contemporary legal problems. These perspectives include those drawn from traditional analytical jurisprudence as well as perspectives from critical legal theory. Students will become familiar with the variety of tools which diverse theoretical perspectives and authors offer to interrogate law and ask questions about its everyday operation. The questions these theoretical tools help us to ask include ‘What is law?’, ‘What role does law play in society?’, ‘Is law neutral?’, ‘How do judges decide a case?’, ‘What is the relationship between law and social change?

Learning Objectives

On completion of this module students will be able to demonstrate:

•A knowledge and understanding of a number of theoretical approaches to law.
•A comprehension of how differing theoretical approaches to law animate a Western understanding of law within a global, social and political context.
•The ability to critically reflect upon and analyse complex legal theory.
•The ability to formulate cogent arguments and to draw upon theoretical tools to engage in complex problem solving.
•Heightened oral, written and research skills through class discussion, group work and coursework.

Skills

Successful completion of the module will result in the acquisition and enhancement of the following skills relevant to career development:

• The ability to analyse social and legal problems by drawing upon philosophical and theoretical materials;
• Critical conceptual thinking;
• Interdisciplinary reflection;
• The ability to construct legal and philosophical arguments;
• The development of legal reasoning and problem solving;
• Research and writing skills;
• Oral communication, presentation and debating skills.

Assessment

4,000 word essay worth 100%