Law, Politics and Power
| Module title | Law, Politics and Power |
|---|---|
| Module code | LAW3155 |
| Academic year | 2021/2 |
| Credits | 30 |
| Module staff | Professor Stephen Skinner (Convenor) |
| Duration: Term | 1 | 2 | 3 |
|---|---|---|---|
| Duration: Weeks | 12 | 11 |
| Number students taking module (anticipated) | 60 |
|---|
Module description
How can we understand the relationships between law and politics in modern society? How do law and its connections with the State change according to the political ideology that underpins them? How has the relationship between law and politics been represented in different sorts of system over time, such as liberal democracy, Communism and Fascism? What is meant by the ‘rule of law’ and its supposed foundations in equality and the restraint of the State? What is meant by populism today and to what extent is liberal democracy in danger? 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 as an instrument of government and a source of protection, and to develop your own critical understanding of law as the product of particular socio-political, theoretical and historical contexts. In so doing, the module will give you the chance to deepen your understanding of law’s role in some of the most challenging political developments of the 20th and 21st centuries.
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 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 political systems through active discussion of a range of theoretical, historical and current perspectives and debates. Drawing on the lecturer’s research expertise, the module aims to enable you to develop your own critical, research-based interpretations and to provide you with unique interdisciplinary learning opportunities that stimulate reflection and discussion. Focusing on the development of your independent research skills and critical thinking, the module aims to give you the chance 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 and politics, 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, social, economic, political, historical, philosophical, 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, 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 appropriate 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 begin with a foundational section to introduce key concepts and methods, before covering six topics organized under some or all of the following thematic headings.
- Introduction to the module: working with legal and political theories; working with legal and political history; key terminology and skills; understanding descriptive and normative approaches; developing critical thinking; forming and expressing an informed opinion.
Module topics:
- Liberalism and law: liberal theories of the social contract and law; historical examples of liberalism and republicanism.
- Liberal democracy and the rule of law: theories and types of democracy; histories and theories of liberal democracy, constitutionalism and the rule of law.
- Critical responses to liberal law: Marxist theories of society, economic power and law; Critical Legal Studies; feminist theory; critical race theory; postmodern theory.
- Political reactions against liberal democracy and the reorientation of law – historical and current examples: Communism; Fascism; National Socialism; populism and new forms of autocratic legalism and authoritarianism.
- Law and rights: histories and theories of legal rights and human rights; critiques of rights.
- Power, force and violence in law and politics: the use of force; critical perspectives on judgment; theories of punishment; postmodern theories of power and law; legal education, hierarchy and colonialism.
Learning activities and teaching methods (given in hours of study time)
| Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 37 | 263 | 0 |
Details of learning activities and teaching methods
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled Learning & Teaching activities | 1 | 1 x 1 hour lecture in first week of module to outline module format, ILOs and assessment |
| Scheduled Learning and Teaching Activity | 1 | 1 x 1 hour lecture in last week of module to conclude |
| Scheduled Learning and Teaching Activity | 14 | 1 x 2 hour lectures for each of the topic cycles (7 in total) |
| Scheduled Learning and Teaching Activity | 21 | 14 x 1.5 hour workshop spread across the topic cycles (2-3 per cycle) |
| Guided Independent study | 56 | 8 hours reading before and/or after each lecture |
| Guided Independent Study | 56 | 4 hours reading before and after each workshop |
| Guided Independent Study | 151 | Reading, revision and preparation for the assessment |
Formative assessment
| Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|
| Essay | 1,000 words | 1-7 | Written comments; oral feedback available on request |
| Examination | 2 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) a 2,500 word essay and (2) a 500 word reflective commentary | 50 | 3,000 words in total | 1-7 | Written feedback; additional oral feedback available on request |
| Examination | 50 | 2 hours | 1-7 | Written feedback |
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) a 2,500 word essay and (2) a 500 word reflective commentary | One essay comprising two parts: (1) a 2,500 word essay and (2) a 500 word reflective commentary (3,000 words in total) | 1-7 | August/September reassessment period |
| Examination | Examination (2 hours) | 1-7 | August/September reassessment period |
Indicative learning resources - Basic reading
Basic reading:
NB This is not a required reading list – required readings for each topic cycle will be indicated on ELE.
General background reading:
J Wolff, An Introduction to Political Philosophy (OUP, 2016)
R Cotterrell, The Politics of Jurisprudence (OUP, 2003)
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)
JE Penner & E. Melissaris, McCoubrey & White’s Textbook on Jurisprudence (OUP, 1999/ 2012)
B Crick, Democracy: A Very Short Introduction (OUP, 2002)
L Holmes, Communism: A Very Short Introduction (OUP, 2009)
K Passmore, Fascism: A Very Short Introduction (OUP, 2014)
Indicative learning resources - Web based and electronic resources
Web based and electronic resources including video clips and audio material will be provided on ELE.
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 | 14/11/2017 |
| Last revision date | 25/01/2021 |
