Legal Theory LAW4199

  • Academic Session: 2023-24
  • School: School of Law
  • Credits: 20
  • Level: Level 4 (SCQF level 10)
  • Typically Offered: Semester 1
  • Available to Visiting Students: Yes

Short Description

The course proposes an analysis of the concept of law, starting from some of the classic texts in the Anglosaxon tradition of the last century. The intention is to cover the main traditions (positivism, natural law, legal realism, legal pluralism) and to apply these conceptions to current legal issues

Timetable

There will be 10 x 2-hour seminars spread throughout semester 1.

Requirements of Entry

This course is only available to LLB students.

Excluded Courses

none

Co-requisites

None

Assessment

There will be a summative essay, circulated during week 10, with the deadline of the first Monday of the exam diet.

4000 words. It will be comprised of two main points: a question about a theory of law (circa 3000 words) and a question on how to address a specific legal dispute according to that conception of law (circa 1000 words)

This will count for 80% of the final grade

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

This course aims to get the students to reflect on the definition of what counts as valid law by analysing key contemporary texts of legal theory. This will allow the student to acquire critical and analytical skills in legal reasoning with a view to address complicated questions of legal interpretation.

Further aims are:

■ To improve the student's ability to read and understand abstract and theoretical texts

■ To develop awareness of a range of theories that introduce an alternative approach to the question: What is Law?

■ To Identify the context where the identification of valid law is more problematic

■ to give the students an opportunity to undertake independent research on topics of current relevance and interest

Intended Learning Outcomes of Course

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

Recognise and distinguish different conceptions of law

Argue in complex legal disputes in favour of one of these conceptions

Demonstrate skills of selecting relevant ideas, balancing and evaluating them
Present concepts and arguments both orally and in written form coherently and effectively

Minimum Requirement for Award of Credits

Students must submit at least 75% by weight of the components (including examinations) of the course's summative assessment.