View Specification DocumentDebates in Private Law Theory LAW4157
- Academic Session: 2026-27
- School: School of Law
- Credits: 20
- Level: Level 4 (SCQF level 10)
- Typically Offered: Semester 2
- Available to Visiting Students: Yes
- Collaborative Online International Learning: No
- Curriculum For Life: No
Short Description
Private law plays a fundamental role in modern Western democracies yet how we justify, explain, and describe it has been contested for centuries. On this course, foundational questions and influential methods of modern Anglo-American private law will be examined, including is private law a means to efficiently allocate resources, is private law merely politics by another means, is private law primarily concerned with ensuring justice between individuals, or does private law generate inequality, unjust power imbalances and contribute to suffering in society.
Timetable
There will be 10 x 2-hour seminars spread throughout semester 2.
Requirements of Entry
This course is only available to LLB students.
Excluded Courses
None
Co-requisites
None
Assessment
1. 2,500 word essay: students will submit a critical examination of one theory, theorists or method.
2. 2,500 report: students will submit a report analysing the success, influence or failure of a theory to explain a contemporary doctrine, case or area of private law.
Course Aims
1. Introduce students to seminal writings within Anglo-American private law.
2. Engage students in close reading, analysis, and discussion of classical Anglo-American private law texts.
3. Assist students in developing a critical understanding of the relationship between private law theory and decided case law, legislation, and the operation of private law in practice.
4. Help students appreciate the fundamental role played by private law within modern Western societies and the need to evaluate its impact both morally and politically.
5. Enable students to critically discuss and evaluate for themselves the impact of private law's theories and methods upon Western legal systems.
Intended Learning Outcomes of Course
By the end of this course students will be able to:
1. Examine, analyse, and discuss seminal texts within Anglo-American private law theory.
2. Explain, evaluate and comprehend the relationship between private law theory and the functioning of modern Western legal systems.
3.Critically analyse, reflect, and explain the different ways by which private law theory offers insights into the functioning of private law within contemporary society.