Law, Politics and Power
| Module title | Law, Politics and Power |
|---|---|
| Module code | LAW3155 |
| Academic year | 2022/3 |
| 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
This module is about the ways in which the relationships between law, politics and the power of the state have been justified theoretically and developed in practice in different sorts of system over time. The module gives you the opportunity to learn about law and the state from the eighteenth to the twenty-first centuries, including the development of liberal theories and the advent of the first revolutionary republics in the 1700s, the emergence of democracy in the 1800s, and the rise of modern liberal democracy from the 1900s to today. The module also allows you to explore the connections and disconnections between theory and practice in the ways law, politics and state power were envisaged and interacted in Communist, Fascist and National Socialist systems during the twentieth century. Giving you the chance to explore the ideological foundations of our political orders today, as well as some of the most influential anti-democratic regimes of the previous century, the module will examine the foundations and purposes of the ‘rule of law’, how it differs from ‘rule by law’, and how we might identify the essential characteristics of liberal democracy in the face of ongoing challenges, such as populism, authoritarianism and issues of racial inequality. 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.
The module is suitable for both law and non-law students. 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, historical 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 historical and current theoretical and practical examples. Drawing on the Law School’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 the connections between law, politics and state power, using a wide range of appropriate theories and concepts, historical and current examples, and interpretative techniques;
- 2. research a legal question independently and demonstrate competence in using relevant theories and examples 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, politics and the state 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 precise content may vary from year to year, it is envisaged that the syllabus will cover all or some of the following topics:
- 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; developing and expressing an informed opinion.
Module topics:
- Liberalism and law in the 17th and 18th centuries: liberal theories of the social contract and law; historical examples of liberalism and republicanism.
- Democracy in theory and practice from the 18th to 19th centuries: the lasting influence of Ancient Greek theories of democracy; historical examples of the rise of democracy and the expansion of the franchise.
- Liberal democracy’s foundations and challenges from the 20th to 21st centuries: histories and theories of liberal democracy, constitutionalism and the rule of law; tracing and evaluating the challenges of populism, authoritarianism, racial inequality and law’s violence.
- Marxism and Communism: from radical theory to revolution and post-revolutionary theory; the evolution and practice of Communist state systems.
- Fascism and the Strong State: the rise of Italian Fascism; Alfredo Rocco and Giovanni Gentile, theorists of law, state and society under Fascism; the Fascist state and law in practice.
- National Socialism and the prerogative state: the rise of the Nazi regime in Germany; theorists of Nazism; law, politics and state power under Nazism and the question of ‘non law’.
- Transitions between types of state system: from anti-democratic regimes to democracy; questions of law, history and memory; shadows of the anti-democratic and colonial past in democratic law and politics.
- Law and rights: histories and theories of legal rights and human rights; political narratives about rights and the constraint of the state; critiques of rights.
Learning activities and teaching methods (given in hours of study time)
| Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 57.5 | 242.5 | 0 |
Details of learning activities and teaching methods
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled Learning & Teaching activities | 47 | 1 x 1 hour lecture in first week of module to outline module format, ILOs and assessment. 1 x 2 hour lecture per week for 12 weeks in term 1 and 11 weeks in term 2. |
| Scheduled Learning and Teaching Activity | 10.5 | 7 x 1.5 hour workshops (1 on the introduction plus 1 per topic cycle, making a total of 4 in term 1 and 3 in term 2) |
| Guided Independent study | 69 | 3 hours reading before and/or after each 2 hour lecture |
| Guided Independent Study | 28 | 4 hours reading before and after each workshop |
| Guided Independent study | 145.5 | Reading, revision and preparation for assessments |
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 (take-home, open book) | 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 |
|---|---|---|---|---|
| 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 (take-home, open book) | 50 | 2 hours intended duration (within a 24-hour submission window) | 1-7 | Written feedback |
| 0 | ||||
| 0 | ||||
| 0 | ||||
| 0 | ||||
| 0 |
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 comprising two parts: (1) a 2,500-word essay and (2) a 500-word reflective commentary | 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 (take-home, open book) | Examination (take-home, open book; same as above) | 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)
D Held, ‘Central Perspectives on the Modern State’, Ch 2 in G McLennan, D Held and S Hall, The Idea of the Modern State (1984)
J Hoffman and P Graham, Introduction to Political Theory (2015) Ch 5 ‘Democracy’
B Tamanaha, On the Rule of Law: History, Politics, Theory (2004)
B Crick, Democracy: A Very Short Introduction (OUP, 2002)
L Holmes, Communism: A Very Short Introduction (OUP, 2009)
H Collins, Marxism and Law (1982)
K Passmore, Fascism: A Very Short Introduction (OUP, 2014)
R O Paxton, The Anatomy of Fascism (2004)
A Rocco, ‘The Political Doctrine of Fascism’ (1926) International Conciliation pp.393-415
M Stolleis, ‘European Twentieth-Century Dictatorship and the Law’ in Part VI of Heikki Pihlajamäki, M D Dubber, and M Godfrey (eds), The Oxford Handbook of European Legal History (2018)
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 | 31/01/2022 |
