Criminal Law, History and Theory
| Module title | Criminal Law, History and Theory |
|---|---|
| Module code | LAW3187 |
| Academic year | 2020/1 |
| Credits | 15 |
| Module staff | Professor Stephen Skinner (Convenor) |
| Duration: Term | 1 | 2 | 3 |
|---|---|---|---|
| Duration: Weeks | 11 |
| Number students taking module (anticipated) | 50 |
|---|
Module description
A deep and critical understanding of criminal law requires more than a knowledge of the substantive rules. Questions of history, theory, philosophy and politics, as well as aspects of comparative law, all demand attention if the nature and operation of criminal law are to be effectively understood, analysed and even reformed. This module provides you with an introduction to some of the most exciting historical, theoretical and comparative dimensions of, and perspectives on, the general foundations of criminal law. It focuses on selected issues in greater depth and detail than on the first year criminal law module, in relation to some topics already covered and new topics. It will require you to engage closely with the historical, theoretical, contextual and comparative dimensions of the issues addressed but without forgetting their practical implications.
Module aims - intentions of the module
The aim of the module is to introduce you to the deeper dimensions of the general foundations of criminal liability, beyond the technical application of rules to problems. The module aims to give you the necessary historical, theoretical and comparative background in order to develop your ability to analyse the scope, rationales and application of criminal law’s so-called general part. This is relevant for both academic discussion and your ability to engage critically with law in subsequent employment.
Intended Learning Outcomes (ILOs)
ILO: Module-specific skills
On successfully completing the module you will be able to...
- 1. demonstrate detailed knowledge of the criminal law relating to the topics covered on the module and a substantial range of major concepts, values and principles relevant to its application;
- 2. demonstrate critical awareness of a wide range of historical, theoretical and comparative dimensions of the criminal law topics studied;
- 3. evaluate, compare and differentiate among the arguments and interpretations of criminal law commentators and key elements of the foreign systems of criminal law introduced on the module;
ILO: Discipline-specific skills
On successfully completing the module you will be able to...
- 4. integrate and assess relevant information from primary and secondary legal sources using appropriate interpretative techniques
- 5. demonstrate comprehensive knowledge and understanding of a range of legal concepts, values and principles, and the ability to explain the relationships among them, as well as their limits;
ILO: Personal and key skills
On successfully completing the module you will be able to...
- 6. manage relevant resources and information, and to develop your own arguments and opinions with minimum guidance;
- 7. engage in debate effectively and accurately in writing, in a manner appropriate to the discipline; and
- 8. work independently, within a limited time frame, to complete a specified task.
Syllabus plan
Whilst the module’s precise content may vary from year to year, it is envisaged that the syllabus will include some of the following topics.
Introduction to criminal law from historical, theoretical and comparative perspectives: rationales and methods.
Understanding crime, deviance, harm, responsibility, social control and the purposes of criminal law.
Criminal law as a product of history, theory, culture and politics in the European context.
Schools of thought in the development of modern criminal law.
Historical developments in common law and civil law systems.
Criminal law, ideology and political systems.
Foundations: constructing liability in criminal law.
Understanding actus reus and mens rea: theoretical perspectives on attribution and responsibility;
Questions of actus reus and causation;
Questions of omissions liability and ‘Bad Samaritan’ laws;
Questions of mens rea: the autonomous individual, mental states, consequentialism and responsibility;
Crimes of strict liability.
Critical Perspectives on Defences.
Rationales, excuses and justifications in theory and practice;
Key defences: self-defence and the use of force; limits on free will and external pressures; insanity.
Inchoate liability.
Forms and approaches: subjectivism and objectivism;
Attempt, conspiracy, incitement.
The question of political crime.
Crimes against the State, responsibility and motive, state interests and security.
Criminal law, history and theory in relation to current challenges.
Learning activities and teaching methods (given in hours of study time)
| Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 26.5 | 123.5 |
Details of learning activities and teaching methods
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled Learning & Teaching activities | 22 | 11 x 2 hour lectures with discussion activities |
| Scheduled Learning & Teaching activities | 4.5 | 3 x 1.5 hour seminars: Individual and group work |
| Guided independent study | 56.5 | Individual reading and lecture preparation |
| Guided independent study | 20 | Workshop Preparation |
| Guided independent study | 40 | Assessment Preparation |
| Guided Independent Study | 7 | Formative Assessment |
Formative assessment
| Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|
| One hour essay question | One hour students will be given an essay question to answer in self-imposed exam conditions | 1-8 | Written/ oral |
Summative assessment (% of credit)
| Coursework | Written exams | Practical exams |
|---|---|---|
| 0 | 100 | 0 |
Details of summative assessment
| Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|---|
| Exam closed note | 100 | Two hours (two questions from choice of five questions) | 1-8 | Written/ oral |
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 |
|---|---|---|---|
| Exam | Exam (2 hours) | 1-8 | August/September reassessment period |
Indicative learning resources - Basic reading
A. P. Simester & G. R. Sullivan, Criminal Law: Theory and Doctrine (Hart)
J. Herring, Criminal Law: Text, Cases and Materials (OUP)
D. Ormerod, Smith and Hogan’s Criminal Law (OUP)
A. Ashworth & J Horder, Principles of Criminal Law (OUP)
A. Norrie, Crime, Reason and History (CUP)
C Wells & O Quick, Lacey, Wells & Quick – Reconstructing Criminal Law (OUP)
L Farmer, Making the Modern Criminal Law (OUP)
G Fletcher, Rethinking Criminal Law (OUP)
| Credit value | 15 |
|---|---|
| Module ECTS | 7.5 |
| Module pre-requisites | none |
| Module co-requisites | none |
| NQF level (module) | 6 |
| Available as distance learning? | No |
| Origin date | 13/02/2020 |
| Last revision date | 13/02/2020 |
