- Department: Philosophy
- Module co-ordinator: Dr. James Clarke
- Credit value: 20 credits
- Credit level: H
- Academic year of delivery: 2022-23
- See module specification for other years: 2021-22
This module will introduce students to some key debates, positions and arguments in the philosophy of law.
Occurrence | Teaching cycle |
---|---|
A | Autumn Term 2022-23 |
This module aims to:
1) introduce students to key debates, positions, and arguments in the philosophy of law;
2) enable students to develop their skills in critical analysis, argument, and communication.
By the end of this module, students should:
• understand some key debates, positions, and arguments in the philosophy of law,
• be able to critically evaluate the arguments in support of those positions,
• be able to develop and clearly articulate their own positions and arguments.
This module will introduce students to some key debates, positions, and arguments in the philosophy of law. Topics considered will include some or all of the following: the nature of law; the debate between natural law theory and legal positivism; the nature of rights (Hohfeld’s analysis of rights); the choice and benefit theories of rights; human rights; justifications of human rights.
Task | Length | % of module mark |
---|---|---|
Essay/coursework 4000 Word Essay |
N/A | 100 |
None
The formative essay plan is due on Wednesday of Week 6 of the Spring Term. The length should not exceed two pages of A4 in 12 point type.
The summative essay is due by 12 noon on Monday Week 1 of the Summer Term.
Task | Length | % of module mark |
---|---|---|
Essay/coursework 4000 Word Essay |
N/A | 100 |
The following list is indicative:
Alexy, R. The Argument from Injustice: A Reply to Legal Positivism (Oxford: OUP, 2002).
Bix, B. Jurisprudence: Theory and Context (London: Sweet & Maxwell, 2012).
Finnis, J. Natural Law and Natural Rights (Oxford: OUP, 2011).
Fuller, L.L. The Morality of Law (New Haven: Yale, 1969).
Hart, H.L.A. The Concept of Law (Oxford: OUP, 2012).
Simmons, N.E. Central Issues in Jurisprudence (London: Sweet & Maxwell, 2010).