JUSTICE: THEORY, STUDY AND BUSINESS

SHE Level 1
SCQF Credit Points 20.00
ECTS Credit Points 10.00
Module Code M1M222813
Module Leader Nicholas McKerrell
School Glasgow School for Business and Society
Subject Law
Trimesters
  • A (September start)-B (January start)
  • B (January start)-A (September start)

Summary of Content

This module seeks to introduce the non-LLB student to the Scottish Legal Environment and how it can be seen to work within a business context. It will give them a flavour of relevant elements of the legal System at Scottish, UK and European level. It will introduce the traditional methods of legal enforcement through the Scottish Courts and alternative resolutions. Students will also be given an introduction to finding legal materials: statutory and case law. The students will then explore alternative dispute resolution through the process of negotiation as it applies to business type problems. Ability to negotiate (developed by this module) is seen by employers as a key "soft skill" which very few people have. To aid this, students will be given an overview of various theories of fairness and justice. They will then develop this into their own negotiation strategy for a final assessment. The role of graduates in society is changing - graduates are increasingly expected to be pro-active in the prediction and prevention of unethical as well as unlawful behaviour across all areas of society. The delivery of the module will embed PRME principles including: developing graduates who care about social responsibility; developing learning and teaching which enables graduates to become responsible leaders and practitioners; and developing graduates who will advise businesses and other stakeholders to explore mutually beneficial responses to social and legal challenges.

Syllabus

The first element will cover Civil and Criminal Legal Structures in Scotland. Particular forcus will be given to Alternative Dispute Resolution including arbitration. The introduction to legal materials will cover finding, using and analysing Scottish legal authorities in hard copy and in electronic versions (Westlaw &Lexis); case law, statute, The introduction to theories of fairness and justice will explore various theoretical approaches to fairness and ethics e.g. utilitarianism, Kantian ethics, Libertarianism, competition theory This will inform the final part of the syllabus which will look at negotiation strategies and outcomes which the students will engage with as part of their assessment.

Learning Outcomes

On successful completion of this module, the student should be able to:1. Explain the respective functions of relevant legal institutions within Scotland, the UK, and Europe 2. Distinguish civil and criminal law, courts and alternatives to court, and basic procedures;3. Identify the respective roles of legal personnel;4. Identify and discuss various theories of justice, fairness and ethics5. Identity and explain different negotiation strategies6. Successfully conclude a negotiation within a group project utilising their own strategy7. Identify and retrieve up to date legal information using paper and electronic repositories; use primary and secondary legal sources which are relevant to the topic under study and current at the point of assessment; present knowledge and information using sources to support arguments and conclusions; provide recognised methods of citation and reference where appropriate.8. PRME Learning Outcome: demonstrate an ability to explore ethical and socially responsible responses to issues arising within the context of the law of obligations.

Teaching / Learning Strategy

The module will be delivered over two trimesters .In Trimester A there will be a weekly lecture and a seminar every two weeks. In Trimester B there will be 2 hours of lectures for first 6 weeks and a two hour seminar every two weeks. Delivery will be partly by traditional lectures and also use of written and audio-visual materials which can be accessed in class and also independently by using GCU Learn The students will be exposed at the earliest stage to a wide variety of teaching methods and range of different staff styles as the module is team taught. Practical workshops will be supervised by law staff. Some will involve library staff and use electronic and paper resources. Students will require to work independently and in groups with others so as to develop significant skills for the practical application of law and negotiation skills in a business setting. . This will be achieved by requiring students to act in groups to analyse complex legal opinions from the highest courts in Scotland, statutory materials and prepare a negotiation strategy that will be concluded to a successful outcome. Internationalisation: The delivery of this module will set Scots, UK and EU law as appropriate in an international context. Feedback will be provided to students as follows: -360 1. Students will be provided with feedback within three weeks of submission of all summative assessments providing information on strengths, weaknesses and suggestions for corrective action to be applied in future submissions. The tutor will also provide generic feedback at the seminars where coursework will be handed back. Students may also discuss any points with their lecturer or tutor. -360 2. The virtual learning environment site will be used to feedback overall performance by students on all summative assessments highlighting overall strengths and weaknesses. -360 3. Discussion boards will be used to encourage teacher and peer-to-peer dialogue on certain topic areas where this form of communication would be regarded as effective. Student feedback on teaching, learning and assessment will be sought at the end of the semester through a module evaluation questionnaire. GSBS will continue to use the advancement of GCU Learn as a blended learning tool through its teaching and learning as well as through engagement with students. GSBS will ensure that all modules are GCU Learn enabled and with the support of the Learning Technologists at the cutting edge of development of online materials. Academic staff and the Learning Technologists will continue to work together to develop and operate all modules on GCULearn to ensure student support and information sharing. Students are provided with formative and summative feedback via a variety of mechanisms. Feedback on coursework is provided within 3 working weeks of submission.

Indicative Reading

-567 Books and articles: Legal System White & Willock, Scottish Legal System, Tottel, 4th Edition 2007 Clark, Scottish Legal System, Dundee University Press, 2006 Manson-Smith, The Legal System of Scotland HMSO, 4 th Edition 2008 Finding Legal Materials McKerrell " Legal Skills " in Understanding Scots Law, W.Green, 2 nd Edition 2011 -567 Theories of Fairness Sandel, Justice: A Reader Oxford University Press,2007, Negotiation Fisher, Getting to Yes, Random House, 2012 Taylor, Negotiation, Inns of Court Oxford Uni Press, 2007 -567 Online sources: Scottish Courts: <http://www.scotcourts.gov.uk/> Legislation: <http://www.scotcourts.gov.uk/> Guide to Negotiation: <http://www.routledge.com/cw/slapper-9780415639989/s2/negotiation/>

Transferrable Skills

By the end of this module students will have gained competence in the following key areas: Subject specific: Sources and Research Differentiate between and use appropriately primary and secondary sources, and identify and retrieve up-to-date legal information using paper and electronic sources by: -360b7 Using sources that are up-to-date from paper and electronic repositories b7 Using sources (primary and secondary) that are appropriate to the context b7 Using recognised methods of citation and reference b7 Using sources that are current at the point of assessment b7 Using sources to support arguments and conclusions Undertake independent research (both paper-based and electronic) in areas of law and negotiation Identify accurately the issue(s) which require researching and formulate them clearly. Sourcing and research skills are developed within this module through the following activities: -360b7 preparation for, presentation at and participation in researched seminar activity b7 preparation for and participation in workshop activity; b7 preparation for, presentation at and participation in researched assessment activity including a paired negotiation; b7 carrying out directed learning tasks; Communication and Literacy The ability to communicate information, ideas, advice and choices in an effective and succinct manner and in plain English without losing focus on key issues. The ability to listen and question effectively, to give and receive feedback and to make presentations addressing an allocated topic within the prescribed time frame. The ability to communicate both orally and in writing (and, where appropriate, by the use of electronic means) using the English language accurately by creating work which is comprehensible to the intended audience. The ability to create documents which are analytical, descriptive and inquisitive using appropriate terminology and recognised methods of citation and reference. Such skills are developed within this module through the following activities: -360b7 creating work in a permanent format which is understandable by the intended audience b7 create documents which are analytical, descriptive and inquisitive. b7 using appropriate legal terminology in all work where relevant b7 using recognised methods of citation and reference where relevant Communication and literacy skills are developed within this module through the following activities: -360b7 Preparing for seminars b7 Engaging in group work in seminars b7 Undertaking an assessed group presentation in front of class b7 Lectures and Workshops on Legal Referencing and Citations. b7 Lectures and Workshops on Presentation skills and Negotiations b7 Preparing group project on specified legal case b7 Preparing a negotiation strategy with partner b7 Participate in assessed negotiation in a business context and bring it to a conclusion Analysis, Synthesis, Critical Judgment and Evaluation The ability to identify issues, assimilate, evaluate and analyse information to construct written or oral solutions to a problem by bringing together and integrating relevant information, and selecting key material, from a variety of different sources. The ability to present arguments for and against propositions, acknowledging ranking of sources and relative impact in context. Such skills are developed within this module through the following activities: -360b7 Lectures and Workshops on theories of justice - this will inform negotiation strategies b7 Managing, analysing and rating a large volume of legal materials b7 Acknowledging ranking of sources and relative impact in context. b7 Application of negotiation strategies in a practical and business context. Personal Management, Independence and Ability to Learn The ability to organise and prioritise effectively the expenditure of time and effort in the performance of all aspects of student work. The ability to learn effectively and be aware of their own learning strategies; to manage their own learning development and to reflect upon their learning, seeking and making use of feedback. Such skills are developed within this module through the following activities: -360b7 Meeting deadlines for assessments b7 Completion of preparatory work for seminars which will require students to identify and access primary and secondary source materials. b7 Completion of tasks during the workshop time overseen by tutor Numeracy, IT Skills and Teamwork Where relevant and as the basis for an argument, the ability to present and evaluate information provided in numerical or statistical form. The ability to produce and present in an appropriate form a word-processed essay or other appropriate format. The ability to conduct efficient searches of websites to locate relevant information; and exchange documents by E-mail. The ability to work productively and cooperatively in different kinds of groups; to establish working relations with others, defining, sharing and delegating responsibilities within the group. Such skills are developed within this module through the following activities: -360b7 Word processed group project b7 Workshop tasks requiring retrieval of information using electronic databases eg Westlaw and Library resources b7 Communication with module team via e-mail. b7 Accessing materials on GCU Learn b7 Participation in seminar discussions and negotiation role play. b7 Undertake Group Project from Week 2 with 3 colleagues - to prepare a written project and group presentation a7 Prepare a negotiation strategy with partner Undertake and conclude a successful negotiation within a business context

Module Structure

Activity Total Hours
Assessment (PT) 32.00
Lectures (FT) 23.00
Assessment (FT) 32.00
Independent Learning (PT) 127.00
Independent Learning (FT) 127.00
Lectures (PT) 23.00
Seminars (PT) 18.00
Seminars (FT) 18.00

Assessment Methods

Component Duration Weighting Threshold Description
Course Work 01 n/a 30.00 35% Group Case Study: Report and PresentationLO 1,2,3 and 4 (Tri A week 15)
Exam (Exams Office) 1.50 40.00 35% Exam (Tri B exam period)LO 3,5,6,and 7
Course Work 02 n/a 30.00 35% Paired Negotiation LO 3,5,6,and 7 (Tri B week 8)