Criminal Law: Theory and Doctrine LAW4010

  • 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

This course will provide an introduction to key debates in criminal law theory and then draw on these to explore areas of doctrine and/or controversy in the contemporary criminal law. The first part of the course will provide an overview of theoretical debates, putting these in the context of developments in the criminal law (e.g. the so-called preventive turn). The second part of the course will then look at areas of doctrinal change and controversy, focusing on the broad areas of offences against the person, sexual offences and property offences.

Timetable

2 hours in person teaching (seminar) per week.

Requirements of Entry

This course is only available to LLB students.

Excluded Courses

none

Co-requisites

none

Assessment

The proposed assessment is for one formative/summative exercise worth 20%. This will be a critical case report of up to 1000 words in length. Students will be asked to choose one from a list of assigned cases and write a short critical analysis. The other summative exercise will be an essay of 4000 words. The essay topics will build on the areas/themes covered by the cases.

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

1. To analyse patterns of liability in the development of particular crimes.

2. To understand a range of different theoretical approaches to understanding the criminal law and its development.

3. To critically analyse the institutional and theoretical development of criminal law.

4. To develop an understanding of a range of comparative materials on criminal law.

Intended Learning Outcomes of Course

By the end of this course students will be:

1. familiar with a range of theoretical approaches to the criminal law,

2. capable of critical evaluation of these approaches,

3. able to analyse primary and secondary sources on the criminal law in the light of these approaches,

4. able to develop and articulate their own understanding of the merits of these approaches.

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.