Law, Politics and Power
| Module title | Law, Politics and Power |
|---|---|
| Module code | LAW3155 |
| Academic year | 2019/0 |
| Credits | 30 |
| Module staff | Professor Stephen Skinner (Lecturer) |
| Duration: Term | 1 | 2 | 3 |
|---|---|---|---|
| Duration: Weeks | 12 | 11 |
| Number students taking module (anticipated) | 75 |
|---|
Module description
How can we understand the nature of law in modern society? How can we grasp what makes law work as an instrument of social control and the tie that binds political communities together? Why do people and their societies use rules and why are such rules obeyed? Do such rules flow naturally from moral concerns? Are they merely manifestations of power? To what extent does law bring justice and is law’s justice always fair? What is meant by the ‘rule of law’ and are its supposed foundations in equality, equity and the restraint of the State always respected? To what extent is law a means to achieve social harmony, and to what extent is it violence and repression masked by a specialised conceptual order? This module is designed to give you the opportunity to explore the nature and role of law in society, to question your assumptions about law and justice, and to develop some critical perspectives on law, both as a fundamental human construction and as specific concrete laws in particular socio-political and historical contexts. Focusing on a critical approach to legal and political theories about law, its nature and its operation, this module is organised around key themes and questions and will give you the opportunity to engage with some of the most exciting arguments about law and its place in our lives.
The module is designed with both law and non-law students in mind. You do not require any particular background in law, politics or related theoretical disciplines and the module will enable you to build on the knowledge you have acquired in your studies so far. As such, the module is suitable for students from a range of backgrounds and will be particularly useful for you if you are interested in developing a theoretical and interdisciplinary approach to your studies. It is delivered in eight three-week cycles, with one lecture and two interactive research-led workshops per cycle – as such, this is a module for self-motivating students who enjoy the challenge of reading and participating in discussions.
Module aims - intentions of the module
The aim of the module is to give you the opportunity to question the nature of law and its place in society through active discussion of a range of critical and theoretical perspectives. Drawing on the teaching team’s research expertise, the module aims to enable you to develop your own critical, research-based perspectives and to provide you with unique interdisciplinary learning opportunities, as it is envisaged that the innovative cyclical pattern of lectures and interactive workshops will engender particularly rich discussions. Focusing on the development of independent student research skills, critical thinking, and specifically the use of critical theoretical approaches to challenge assumptions, the module aims to give you the opportunity to develop capacities that are particularly valued by employers.
Intended Learning Outcomes (ILOs)
ILO: Module-specific skills
On successfully completing the module you will be able to...
- 1. Demonstrate a thorough and critical knowledge and understanding of various theories of law, using a wide range of appropriate concepts, interpretative techniques and terminology
- 2. Research a legal question independently and demonstrate competence in applying relevant theories selectively and critically in order to formulate and evaluate a response to it
- 3. Demonstrate detailed and accurate understanding of some of the relevant legal practice, social, economic, political, historical, philosophical, ethical and cultural contexts within which theories of law have been developed and operate
ILO: Discipline-specific skills
On successfully completing the module you will be able to...
- 4. Make an independent and effective critical judgement about the merits and relevance of particular information and make reasoned choices between alternative solutions or arguments
- 5. Communicate technical legal information and argument effectively, concisely and reflectively, orally and in writing, in an appropriate manner and in task-specific ways
ILO: Personal and key skills
On successfully completing the module you will be able to...
- 6. Identify, retrieve and use, independently and efficiently, a range of library-based and electronic resources with minimum guidance
- 7. Manage time independently and efficiently in preparing for learning activities, to be proactive in developing own learning, and to work independently within a limited time frame to complete a specified task
Syllabus plan
Whilst the module’s content may vary, it is envisaged that it will cover eight topics organized under some or all of the following thematic headings in the order indicated. As the module will be team-taught, your study will be focussed on, and organized around, key linking questions and problems in order to support continuity and cohesive coverage.
- The nature of law: historical manifestations; sociological and political foundations; concepts of society, social organisation and the role of rules; understanding critical perspectives and the use of theory;
- Law, order and justice: law and the maintenance of order; law and regulation; theoretical perspectives on law and its relationship with justice; law, justice and political power;
- Law and obedience, legality and legitimacy: questioning why we obey the law; law, order and civil disobedience; theoretical concepts of legality and legitimacy; the problem of unjust and evil laws;
- Law, culture and humanity: law, text and context; legal rules and reductive analysis; law and humanity, law and humanities; cultural complexity within and beyond the law;
- Law, politics and the state: law’s relationship with politics and economics; Marxist theory; Critical Legal Studies; theories of state and the role of law – Marxist, Fascist and liberal-democratic models;
- Law and power, judgment and punishment: theories of law and power; law and judgment; law, coercion and punishment; law and violence;
- Law and the individual: concepts and theories of human rights; human rights as culturally specific; critiques of human rights;
- Law, politics and the significance of time: concepts of time; relationships among law, politics and time; connecting past, present and future through law; the critical role of time in legal analysis;
- Law, race and gender: law and the power of abstraction; critical race theory; feminist theory; critical questions of law and gender; law and discrimination (considered over one or two cycles)
Learning activities and teaching methods (given in hours of study time)
| Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 42 | 258 | 0 |
Details of learning activities and teaching methods
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled Learning & Teaching activities | 2 | 1 x 1 hour lecture in first week of module to outline module format, ILOs and assessment; 1 x 1 hour lecture in last week of module to conclude and give exam guidance |
| Scheduled Learning and Teaching Activity | 16 | 1 x 2 hour introductory lecture for each of 8 topic cycles |
| Scheduled Learning and Teaching Activity | 24 | 2 x 1.5 hour workshop for each of 8 topics (first tutor led; second student- led with tutor guidance) |
| Guided independent study | 64 | 8 hours reading before and/or after each lecture |
| Guided Independent study | 96 | 4 hours reading before and after each workshop |
| Guided Independent Study | 98 | Reading, revision and preparation for the assessment |
Formative assessment
| Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|
| Participation in workshop discussions (this is relevant because each cycle includes two workshops, with the first leading into the second; also students will need to draw on workshop work for the summative reflective commentary) | Individual contributions in workshops | All | Comments from other students and tutor |
| Short essay voluntary submission of a draft section of, or plan for, the summative essay; draft or plan may be reworked and developed on basis of feedback in preparation for the summative essay | 1000 words | All | Written comments; oral feedback available on request |
| Mock exam - voluntary and self-marked | 2.5 hour | All | Sample exam paper with self-marking material and guidance made available on ELE; further guidance from tutor available on request |
Summative assessment (% of credit)
| Coursework | Written exams | Practical exams |
|---|---|---|
| 50 | 50 | 0 |
Details of summative assessment
| Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|---|
| One essay comprising two parts: (1) 3000 word essay (from choice of two titles) (2) 750 word reflective commentary | 50 | 3750 total | All | Written; plus general feedback to be posted on ELE |
| Examination | 50 | 2.5 hours | All | General feedback to be posted on ELE after exam. Oral feedback available on request |
Details of re-assessment (where required by referral or deferral)
| Original form of assessment | Form of re-assessment | ILOs re-assessed | Timescale for re-assessment |
|---|---|---|---|
| Essay as above | Essay as above | All | August / September re-assessment period |
| Examination | Examination (2.5 hours) | All | August/ September re-assessment period |
Indicative learning resources - Basic reading
NB This is not a required reading list – required readings for each topic cycle will be communicated via ELE.
General background reading:
A. Baron et al, Introduction to Jurisprudence and Legal Theory (OUP, 2002)
J. Coleman & S. Shapiro, The Oxford Handbook of Jurisprudence and Philosophy of Law (OUP, 2004)
R. Cotterrell, The Politics of Jurisprudence (OUP, 2003)
C. Douzinas & A. Geary, Critical Jurisprudence (Hart, 2005)
M. Freeman, Lloyd’s Introduction to Jurisprudence (Sweet & Maxwell, 2014)
W. Mansell, B. Meteyard & A. Thomson, A Critical Introduction to Law (Routledge, 2015)
V. Munro, Law and Politics at the Perimeter (Hart, 2007)
J. E. Penner & E. Melissaris, McCoubrey & White’s Textbook on Jurisprudence (OUP, 1999/ 2012)
N. E. Simmonds, Central Issues in Jurisprudence (Sweet & Maxwell, 2013)
I. Ward, An Introduction to Critical Legal Theory (Cavendish, 2004)
Indicative learning resources - Web based and electronic resources
Critical Legal Thinking: http://criticallegalthinking.com
Indicative learning resources - Other resources
Lecture/ topic outlines, reading lists, further URL links and other material will be provided on ELE.
| Credit value | 30 |
|---|---|
| Module ECTS | 15 |
| Module pre-requisites | None |
| Module co-requisites | None |
| NQF level (module) | 6 |
| Available as distance learning? | No |
| Origin date | 23/02/2016 |
| Last revision date | 22/03/2017 |
