This module aims to give students an understanding of the basic problems of jurisprudence.

At the same time the module will introduce students to the work of some of the most important authors in legal theory. Particular emphasis will be given to the detailed study of some of the most influential modern legal theorists, H.L.A. Hart, Lon Fuller, and Ronald Dworkin.

Students will also be introduced to some of the crucial contemporary concerns of legal philosophy, and in particular, the relationship between the rule of law, rights and democracy.

(LO1) To demonstrate a critical knowledge and understanding of the central concerns of jurisprudence;

(LO2) To reflect upon and analyse critically the main arguments in the discourse about the concept of law and its relationship to morality;

(LO3) To demonstrate a critical understanding of models and theories as to the internal structure of law;

(LO4) To demonstrate a critical understanding of the work, in particular, of H.L.A. Hart, Lon Fuller and Ronald Dworkin;

(LO5) To demonstrate an ability to evaluate competing conceptions of the role of law in a democratic state.

(S1) Critical thinking and problem solving - Critical analysis

(S2) Critical thinking and problem solving - Evaluation

(S3) Critical thinking and problem solving - Creative thinking

(S4) Critical thinking and problem solving - Synthesis

(S5) Communication (oral, written and visual) - Academic writing (inc. referencing skills)

(S6) Communication (oral, written and visual) - Influencing skills – argumentation

(S7) Research skills - All Information skills

(S8) Communication (oral, written and visual) - Presentation skills – oral

1.      Introduction to Legal Theory – Intuitions about Law
2.      Classical Natural Law and Legal Positivism
3.      Hart (I)
4.      Hart (II)
5.      Fuller
6.      Dworkin (I)
7.      Dworkin (II)
8.      Group Presentations
9.      Rule of Law and Rights
10.    Rights and Democracy

Teaching Method 1 - Lecture
Description:
Attendance Recorded: Not yet decided
Notes: An introductory lecture will be held for all students in week 1 to introduce the key concepts and questions which will be under consideration in Jurisprudence. The approach to teaching and learning employed in the module will also be explained.

Teaching Method 2 - Seminar
Description:
Attendance Recorded: Not yet decided
Notes: Jurisprudence is taught in weekly 90 minute seminars, rather than through lectures and tutorials. This maximises the time available for discussion and evaluation of each week’s reading assignment, in both smaller sub-groups and the class as whole, which is designed to be both an interesting and effective way of gaining an appreciation of legal philosophy.