Criminal Responsibility LAW4177

  • Academic Session: 2023-24
  • School: School of Law
  • Credits: 20
  • Level: Level 4 (SCQF level 10)
  • Typically Offered: Semester 2
  • Available to Visiting Students: Yes

Short Description

This course explores core concepts of criminal responsibility which shape legal doctrine and practices of blame ascription in criminal law. It traces the development of ideas of responsibility from a socio-historical perspective, and engages with key theoretical debates regarding the meaning, scope and significance of criminal responsibility in our present time and place. Consideration is given to the part played by greater forces that bear on questions of responsibility, such as developments in mind sciences and issues pertaining to social justice. In the second half of the course, a doctrinal focus on excuses, exemptions and justifications acts as a springboard for thematic analyses relating to the role of emotion, mental health conditions, and addiction in ascriptions of blame. The course emphasises close textual analysis and student-led discussion.

Timetable

10 x 2 hour seminars

Requirements of Entry

This course is only available to LLB students.

Excluded Courses

None

Co-requisites

None

Assessment

5000 word essay

Are reassessment opportunities available for all summative assessments? Not applicable for Honours courses

Reassessments are normally available for all courses, except those which contribute to the Honours classification. Where, exceptionally, reassessment on Honours courses is required to satisfy professional/accreditation requirements, only the overall course grade achieved at the first attempt will contribute to the Honours classification. For non-Honours courses, students are offered reassessment in all or any of the components of assessment if the satisfactory (threshold) grade for the overall course is not achieved at the first attempt. This is normally grade D3 for undergraduate students and grade C3 for postgraduate students. Exceptionally it may not be possible to offer reassessment of some coursework items, in which case the mark achieved at the first attempt will be counted towards the final course grade. Any such exceptions for this course are described below. 

Course Aims

The course aims:

 

1. to develop knowledge and understanding of core concepts of criminal responsibility which shape legal doctrine and practices of blame ascription, excuse and punishment;

2. to understand the evolution of ideas of responsibility and to analyse diverse theoretical debates relating to the nature, scope and significance of criminal responsibility;

3. to assess and apply critically the positions taken in these debates through the use of case studies, and to consider their practical implications, and;

4. to consider selectively the contribution to understanding criminal responsibility offered by other disciplines such as moral and political philosophy, psychology and neuroscience.

Intended Learning Outcomes of Course

By the end of this course students will be able to:

 

■ Explain how ideas of criminal responsibility have evolved over time.

■ Describe and assess critically key theories of criminal responsibility.

■ Evaluate core doctrines relating to criminal responsibility, such as exemptions, excuses and justifications, and apply them to specific scenarios.

■ Explain how theories of criminal responsibility both legitimate and co-ordinate the law in practice, and develop confidence in both critiquing and recommending proposals for reform of the law where appropriate.

Minimum Requirement for Award of Credits

Completion of the summative assignment.