ADVANCED JURISPRUDENCE

SHE Level 4
SCQF Credit Points 20.00
ECTS Credit Points 10.00
Module Code MHM023609
Module Leader James Connolly
School Glasgow School for Business and Society
Subject Law
Trimester
  • A (September start)

Pre-Requisite Knowledge

Jurisprudence and Social Theory

Summary of Content

This module is based around the idea of a book club, with students reading substantial works by major jurists and legal philosophers and social theorists for themselves and feeding back their experiences and insights to their peers. This module develops out of the broad knowledge gained in the Jurisprudence and Social Theory module in third year, but will be about deepening knowledge and understanding, and will be more student-centred. Students will form reading groups so that each student will choose from a curated list of selected texts to be read in full. The texts will be themed around perennial jurisprudential issues, for example: law and justice, law and rights, law and ethics, law and society, law and force, the rule of law. The role of lawyers in society is changing - lawyers 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 syllabus is flexibly themed around the following broad categories from which the students choose their texts to review: 1. Legal Concepts in Philosophy and Ethics 2. Justice and Equality 3. Ethical Difference 4. Critical and Post Modern Jurisprudence 5. Legitimacy 6. Law, Sociology and Psychology. 7. Legal Positivism and Moral Reasoning. 8. Law and Order 9. Law and Feminist Perspectives 10. Law and Economics.

Learning Outcomes

On successful completion of this module, the student should be able to:1) Be able to demonstrate an in-depth understanding of perennial themes in jurisprudence as expressed in the theories of certain prominent jurists and their critics.2) Be able to use conceptual and methodological tools which are necessary and sufficient to assess the significance of the theories of certain prominent jurists in detail.3) Be able to instantiate theories in social, political and legal practice, whether contemporary or historical.4) Be able to perceive the critical limitations of theories in social, political and legal practice.5) Be able to synthesise jurisprudential inquiry, so as to assess new theoretical limits and new critical implicationsPRME Outcomes6) Be able to engage and lead in research-based, high-concept theorising which underpins justice, ethics and the rule of law.

Teaching / Learning Strategy

Learning will be based on student-centred reading networks. Throughout the trimester students will read and feed back the results of their reading to their networks by maintaining a regular self reflective blog via GCU Learn, on which others are expected to comment. Students then build towards creating two book reviews within the trimester. Prior to submitting each book review , there will be a colloquium where students will discuss their books, and will be assessed on the quality of their contribution to the colloquium, such as understanding, critical insight, critical insight, quality of expression. The module tutor will act as facilitator, encouraging and monitoring debate. Teaching will be limited to four workshops including advice on writing book reviews, and thereafter contact will be on a one-to-one basis for advice as required, as numbers are expected to be not more than 10 students per module. 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: 1. There are two core texts which all students are required to read. These specifically relate to the second learning outcome and are: -720 Baggini, J and Fosl P., The Ethics Toolkit: A Compendium of Ethical Concepts and Methods, Blackwell, 2007. Baggini, J and Fosl P., The Philosopher's Toolkit: A Compendium of Philosophical Concepts and Methods, Blackwell, 2002. These require to be read for the first seminar and will be discussed in week 4. 2. Students require to select two texts to read from the following list: Sen, Amartya, The Idea of Justice, Penguin, 2010. Rawls, John, Justice As Fairness: A Restatement, Harvard University Press, 2001. Rawls, John A Theory of Justice, Harvard University Press, 2005 (re-issue). Cohen, G.A., On The Currency of Egalitarian Justice, Princeton University Press, 2011. Cohen, GA., Rescuing Justice and Equality, Harvard University Press, 2008. Dworkin, R., Taking Rights Seriously, Harvard University Press, 1977. 3. Or, students require to select two texts to read from the following list: Dworkin, R. Justice for Hedgehogs, Harvard University Press, 2011. Waldron, J. Law and Disagreement, OUP, 2001. Finnis, J. Human Rights and Common Good, OUP 2011. Finnis, J Natural Law and Natural Rights, Clarendon, 1980. Raz, J., The Morality of Freedom, Clarendon, 1988. Beyleveld, D. Law as a Moral Judgment, Sheffield, 1994. 4. Or, students require to select two texts to read from the following list: Goodrich, P., Legal Discourse: Studies in Linguistics, Rhetoric and Legal Analysis, MacMillan, 1987. De Ville, J., Jacques Derrida: Law as Absolute Hospitality, Routledge, 2011. Edgeworth, B. Law, Modernity, Postmodernity: Legal Change in the Contracting State, Ashgate 2003. Habermas, J., Legitimation Crisis, Polity, 1988. Habermas, J., Between Facts and Norms: Contributions To a Discourse Theory of Law and Democracy, Polity, 1997. Freeman, M., Law and Popular Culture, OUP 2005. 5. Or, students require to select two texts to read from the following list: Dworkin, R. Laws Empire, Hart, 1998. West, R., Normative Jurisprudence: An Introduction, Cambridge, 2011. Harris, An Introduction to Law, Cambridge, 2007. McCormick, N., Rhetoric and The Rule of Law: A Theory of Legal Reasoning, OUP, 2009. Unger, R. False Necessity, Verso, 2004. Raz, J., Between law and Authority: On the Theory of Law and Practical Reason, OUP, 2009. 6. Or students require to select two texts to read from the following list: Freeman, M. Law and Neuroscience, OUP, 2011 Brooks-Gordon, Law and Psychology, OUP, 2006 Koskenniemi, M. From Apology to Utopia: The Structure of International Legal Argument, Cambridge, 2005. Goldman, D., Globalisation and the Western Legal Tradition: Recurring Patterns of Law and Authority, Cambridge, 2007. Cotterell, R., Law Culture and Society: Legal Ideas in the Mirror of Social Theory, Ashgate, 2006. Deflem, M., Sociology of Law: Visions of a Scholarly Tradition, Cambridge, 2008 7. Or students require to select two texts to read from the following list: Kramer, M, Where Law and Morality Meet, Oxford, 2008 Kramer , M The Legacy of HLA Hart, Oxford, 2008. Cane, P. The Hart Fuller Debate in the twenty-first Century, Hart 2010 Ripstein, A. Force and Freedom: Kant's Legal and Political Philosophy, Harvard , 2009. Dyzenhaus, D. Hard cases in Wicked Legal Systems: Pathologies of Legality, Oxford, 2010. Dyzenhaus, D., Legality and Legitimacy: Carl Schmitt, Hans Kelsen and Hermann Heller in Weimar, Oxford, 1997. 8. Or students require to select two texts to read from the following list: Martell J., Divine Violence: Walter Benjamin and the Eschatology of Soverreignty, Routledge, 2011-12-22 Derrida J., "Force of Law: The Mystical Foundation of Authority" 11 Cardozo Law Review, and Derrida J., Spectres of Marx, Routledge, 1994 Hobbes T. & Locke J. Hobbes and Locke on Sovereignty, CRW Publishing, 2005. Popper K., The Open Society and its Enemies: V.1 The Spell of Plato, Routledge, 1966 Havelock, Eric, The Greek Concept of Justice: From its Shadow in Homer to its Substance in Plato, Harvard, 1978. 9. Or students require to select two texts to read from the following list: Beyleveld D., Consent in the Law, Hart, 2007 Westen P., The Logic of Consent, Ashgate, 2004 Wertheimer A., Consent to Sexual Relations, Cambridge, 2003 Olsen F., Feminist Legal Theory, Vols 1 &2., Dartmouth, 1995. Spector, Prostitution and Pornography: Philosophical debate about the Sex Industry, Stanford, 2006. Ewing C.P., Justice Perverted: Sex Offense Law, Psychology and Public Policy. OUP, 2011. 10. In addition, students may select two texts of academic merit by negotiation with the tutor.

Transferrable Skills

By the end of this module students will have gained competence in the following key areas: Analysis, Synthesis, Critical Judgement 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: participating actively in different size reading networks and in providing constructive feedback to others, in person in seminars, in the colloquia, and on line; in demonstrating self awareness and self reflection on one's own learning strategies in a regular blog; and in submission of two substantial book reviews on time. 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: participating actively in different size reading networks and in providing constructive feedback to others, in person in seminars, in the colloquia, and on line; in demonstrating self awareness and self reflection on one's own learning strategies in a regular blog; and in submission of substantial book reviews on time. 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: participating actively in different size reading networks and in providing constructive feedback to others, in person in seminars, in colloquia, and on line; in demonstrating self awareness and self reflection on one's own learning strategies in a regular blog, and in submission of a substantial book review on time. Numeracy, Information, Technology 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: participating actively in different size reading networks and in providing constructive feedback to others, in person in seminars, in the colloquia, and on line; in demonstrating self awareness and self reflection on one's own learning strategies in a weekly account; and in submission of substantial book reviews on time.

Module Structure

Activity Total Hours
Colloquia 2.00
Assessments 100.00
Workshops 4.00
Independent Learning 94.00

Assessment Methods

Component Duration Weighting Threshold Description
Coursework 3 n/a 35.00 35% Book Review - Week 6, (2,000 words)
Coursework 4 n/a 10.00 35% Colloquia - Week 9
Coursework 5 n/a 35.00 35% Book Review - Week 11, (2,000 words)
Coursework 1 n/a 10.00 35% Blog - Minimum 4 personal entries and 4 cross comments
Coursework 2 n/a 10.00 35% Colloquia - Week 4