Philosophy of Law
| Module title | Philosophy of Law |
|---|---|
| Module code | PHL3061 |
| Academic year | 2021/2 |
| Credits | 15 |
| Module staff | Dr Shane Glackin (Convenor) |
| Duration: Term | 1 | 2 | 3 |
|---|---|---|---|
| Duration: Weeks | 11 |
| Number students taking module (anticipated) | 40 |
|---|
Module description
Laws give us reasons for action; we should fasten our seatbelts because it is the law. But what sort of reasons are these? This course focusses on the classic debate in jurisprudence between those who think that law is intrinsically linked to justice – so that our reasons for obeying it are ultimately moral reasons – and those who deny this. We will examine questions about: what entitles law-makers to make law; what guides judges in reasoning about and applying it; and what makes those who break the law responsible for doing so, and justifies punishing them. No previous experience of philosophy is necessary, and the course is suitable for students of Law, Criminology, or Politics.
Module aims - intentions of the module
- To introduce you to a range of critical perspectives about the nature and justification of modern legal systems.
- To develop your capacities for philosophical analysis and reasoning.
- To encourage reflection on the moral, economic, and political basis of the modern state.
- To prepare you for a wide range of legal and political career paths by showing the relevance of their philosophical training to “real world” practical debates.
Intended Learning Outcomes (ILOs)
ILO: Module-specific skills
On successfully completing the module you will be able to...
- 1. demonstrate the ability to think critically and precisely about the place of law in its broader philosophical context;
- 2. demonstrate detailed understanding of the key issues in classic debates about the nature of law, the grounds of legal reasoning, and the justification of judicial punishment;
ILO: Discipline-specific skills
On successfully completing the module you will be able to...
- 3. apply philosophical reasoning comprehensively to practical disputes outside of academia
- 4. understand in detail the integrated nature of ethics, political theory, law, and economics;
ILO: Personal and key skills
On successfully completing the module you will be able to...
- 5. communicate detailed and complex ideas in clear and precise written and verbal form; and
- 6. construct, evaluate, and criticise arguments in fine detail.
Syllabus plan
We begin by examining the classic debate between legal positivists and natural law theorists, focussing on the work of figures such as H.L.A. Hart, Ronald Dworkin, Joseph Raz, John Finnis, and Lon Fuller.
Building on this, we survey the main theories of legal reasoning, judicial interpretation, and the evidential character of precedent, particularly in light of Ludwig Wittgenstein’s celebrated analysis of rule-following.
Finally, we investigate the enduring debate over the justification of state punishment, focussing on key retributivist, consequentialist, and abolitionist arguments.
Learning activities and teaching methods (given in hours of study time)
| Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 22 | 128 |
Details of learning activities and teaching methods
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled Learning and Teaching Activity | 11 | Eleven one-hour lectures |
| Scheduled Learning and Teaching Activity | 11 | Eleven one-hour tutorials |
| Guided Independent Study | 40 | Assigned readings associated with each tutorial |
| Guided Independent Study | 88 | Preparation of Assigned Essays |
Formative assessment
| Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|
| Class discussion | 1 hr per week in seminars | 1-6 | Oral |
Summative assessment (% of credit)
| Coursework | Written exams | Practical exams |
|---|---|---|
| 100 | 0 | 0 |
Details of summative assessment
| Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|---|
| Essay 1 | 50 | 2,000 words | 1-6 | written |
| Essay 2 | 50 | 2,000 words | 1-6 | written |
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 1 | Essay (2,000 words) | 1-6 | August/September reassessment period |
| Essay 2 | Essay (2,000 words) | 1-6 | August/September reassessment period |
Indicative learning resources - Basic reading
Core readings:
Hans Kelsen, Introduction to the Problems of Legal Theory (extracts)
John Austin, The Province of Jurisprudence Determined (extracts)
H.L.A. Hart, The Concept of Law, 2nd Edition (extracts)
O.W. Holmes, “The Path of the Law”
Ronald Dworkin, Law’s Empire (extracts)
John Rawls, A Theory of Justice (extracts)
John Finnis, Natural Law and Natural Rights (extracts)
Lon Fuller, The Morality of Law (extracts)
-- “The Case of the Speluncean Explorers”
Ludwig Wittgenstein, Philosophical Investigations (extracts)
Saul Kripke, Wittgenstein on Rules and Private Language (extracts)
Andre Marmor, “Constitutional Interpretation”
G.W.F. Hegel, Elements of the Philosophy of Right (extracts)
J.S. Mill, On Liberty (extracts)
Jean Hampton, “The Moral Education Theory of Punishment”
Jeffrie Murphy, “Marxism and Retribution”
Anthologies & Textbooks:
Larry May & Jeff Brown (eds.), Philosophy of Law: Classic and Contemporary Readings
Dennis Patterson (ed.), A Companion to the Philosophy of Law and Legal Theory
Martin Golding & William Edmundon (eds.), The Blackwell Guide to the Philosophy of Law and Legal Theory
Seán Coyle, Modern Jurisprudence: A Philosophical Guide
Andrei Marmor, Philosophy of Law
| Credit value | 15 |
|---|---|
| Module ECTS | 7.5 |
| Module pre-requisites | None |
| Module co-requisites | None |
| NQF level (module) | 6 |
| Available as distance learning? | No |
| Last revision date | 18/08/2015 |
