Law, Politics and Power
| Module title | Law, Politics and Power |
|---|---|
| Module code | LAW3155 |
| Academic year | 2020/1 |
| 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? Are such rules merely manifestations of power? To what extent is law neutral or 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 and its relationships with politics, to question your assumptions about law, and to develop some critical perspectives about law as a fundamental human construction and the product of 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 designed to 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. This is very much 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 cyclical pattern of teaching sessions will stimulate reflection and discussion. 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, 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 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 organised under some or all of the following thematic headings in the order indicated.
- The nature of law : historical manifestations and development; sociological and political foundations; concepts of society, social organisation and the role of rules; law in non-western cultures;
- Law, order and justice : theoretical perspectives on law and its relationships with order and justice; theories of natural law and positive law;
- Law, liberalism and democracy: theories of liberalism and social contract; theories of democracy; possible conjunctions and distinctions between liberalism and democracy; histories and theories of the rule of law; questions of legality and legitimacy;
- Critical responses to liberal law: Marxist theory of society, politics, power and law; Critical Legal Studies; feminist theory; critical race theory;
- Political reactions against liberal democracy and the reorientation of its law: populism, authoritarianism and Fascism, histories and theories; populist and authoritarian law; law under Fascism and ‘Fascist law’;
- Law, violence and evil: law’s force and law’s violence; law and modernity, law and the Holocaust; theoretical perspectives on neutral law, ‘good’ law and ‘evil’ law;
- Law and rights: histories and theories of human rights; critiques of rights;
- Law and humanities: understanding humanity and human complexity, or ‘being human’; critiques of ‘orthodox’ law and the theoretical turn to the humanities; forms of ‘law and literature’; narrative understanding.
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 topic cycles(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 |
|---|---|---|---|
| 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 | 1,000 words | 1-7 | Written comments; oral feedback available on request |
| Mock exam - voluntary and self-marked | 2.5 hours | 1-7 | 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 words | 1-7 | Written; plus general feedback to be posted on ELE |
| Examination consisting of three short essays from choice of four questions | 50 | 2.5 hours | 1-7 | 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 |
|---|---|---|---|
| One essay comprising two parts: (1) 3,000 word essay (from choice of two titles) (2) 750 word reflective commentary | One essay comprising two parts: (1) 3,000 word essay (from choice of two titles) (2) 750 word reflective commentary (3,750 words) | 1-7 | August / September re-assessment period |
| Examination | Examination (2.5 hours) | 1-7 | August/ September re-assessment period |
Indicative learning resources - Basic reading
N
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)
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 | 26/08/2020 |
