Law, Justice and Rights
Run by School of History, Law and Social Sciences
20.000 Credits or 10.000 ECTS Credits
Organiser: Mr Cathal MacPartholan
Overall aims and purpose
The aim of the module is to enable students to acquire and demonstrate an accurate knowledge and appreciation of fundamental questions concerning the nature of law in society, including: the relationship between law and morality, theories of justice, rights, and other related topics such as authority. Students will learn to compare, contrast and evaluate particular works of legal philosophy with reference to key contemporary legal, political and moral issues, such as law in times of emergency, social inequality, liberalism, truth and integrity and global justice.
This course examines key issues in jurisprudence and legal philosophy such as legal positivism and natural law, the relationship of law and morals, the nature of the rule of law, power and authority, drafting legislation and legislative interpretation, theories of justice (such as utilitarianism, justice as fairness, egalitarianism, and libertarianism), theories of rights (including human rights) and the nature of the good life. Students will examine selected legal philosophies with reference to key current concerns such as the relationship between different branches of the State, and domestic and international political, economic and social issues.
C- to C+
C- to C+ (50-59%) An answer which, while always in the main accurate and correct, fails to distinguish between relevant and irrelevant material and is lacking in criticism. An answer which while reliable with regard to correctness is either not comprehensive or not entirely pertinent.
D- to D+ (40-49%) An answer which, while predominantly correct in its presentation of material, contains a significant level of error and is therefore not entirely reliable.
A- to A* (70+%) An outstanding, possibly brilliant, answer, containing all the material relevant to the question and no irrelevancy, all the material and references being accurate and correct, there being no inaccuracy or error, the whole presented in a clear, logical, critical argument with little room for improvement. An answer which demonstrates a complete mastery of the subject.
B- to B+ (60-69%) High Standard: A comprehensive answer, containing all the material relevant to the question and no irrelevancy, all the material and references being accurate and correct, there being no inaccuracy or error, the whole presented in an argument which, while clear, logical and critical, leaves room for improvement in its construction and presentation. An answer which shows complete competence in the subject.
Develop clear and well reasoned written arguments in plain English or Welsh.
Apply knowledge of selected jurisprudential theories and the works of key legal and political philosophers to actual or hypothetical scenarios.
Demonstrate knowledge of the works of key legal and political philosophers both ancient and modern.
Identify the core components of selected jurisprudential theories and the works of key legal and political philosophers.
Relate relevant jurisprudential theories and the works of key legal and political philosophers to selected legal issues such as the relationship between law and morality, the rule of law, the nature of justice and the concept of the good life.
Relate relevant jurisprudential theories to contemporary legal and political issues, demonstrating an awareness of the place of legal and moral philosophy in the broader political, social and cultural context.
A 3,500 word (exc. footnotes) essay enabling students to demonstrate knowledge of legal and political philosophies as concerns the nature of law, and to demonstrate application of these theories to contemporary issues.
|EXAM||24 Hour Online Exam||
A 24 hour online exam. Students will have 24 hours to answer two questions (from a choice of 4) relating primarily to theories of justice and rights, and their application to contemporary issues.
Teaching and Learning Strategy
This module requires students to complete reading in advance of lectures and to consolidate knowledge after lectures as well as preparation and completion of assessments.
This course will be taught by way of 22 two-hour lectures per week over one semester. Lectures will routinely require students to engage individually and in groups in acquiring, commenting upon and applying the principles and details of the subject under the guidance and instruction of the tutor. Students will be expected to engage in private reading around the key issues presented in lectures.
- Literacy - Proficiency in reading and writing through a variety of media
- Computer Literacy - Proficiency in using a varied range of computer software
- Self-Management - Able to work unsupervised in an efficient, punctual and structured manner. To examine the outcomes of tasks and events, and judge levels of quality and importance
- Exploring - Able to investigate, research and consider alternatives
- Information retrieval - Able to access different and multiple sources of information
- Inter-personal - Able to question, actively listen, examine given answers and interact sensitevely with others
- Critical analysis & Problem Solving - Able to deconstruct and analyse problems or complex situations. To find solutions to problems through analyses and exploration of all possibilities using appropriate methods, rescources and creativity.
- Presentation - Able to clearly present information and explanations to an audience. Through the written or oral mode of communication accurately and concisely.
- Argument - Able to put forward, debate and justify an opinion or a course of action, with an individual or in a wider group setting
- Self-awareness & Reflectivity - Having an awareness of your own strengths, weaknesses, aims and objectives. Able to regularly review, evaluate and reflect upon the performance of yourself and others
Subject specific skills
- Develop the ability to interpret legal rules and employ techniques of legal reasoning competently and efficiently in order to offer a range of solutions and conclusions to actual or hypothetical complex legal problems, all supported by relevant academic literature, jurisprudence and legislative research. Such solutions will be clearly communicated and presented
- Develop the ability to analyse complex legal issues, set against the background of the political, social, economic or cultural contexts in which they may arise
- Develop those skills which are necessary for scholarship and research in legal subjects, namely the ability to identify relevant primary and secondary legal sources and to retrieve accurate legal information using paper and electronic sources
Talis Reading listhttp://readinglists.bangor.ac.uk/modules/sxl-2135.html
Brian Bix, Jurisprudence: Theory and Context (Sweet & Maxwell 2019)
Nigel E Simmonds, Central Issues in Jurisprudence (Sweet & Maxwell 2018)
Sean Coyle, Modern Jurisprudence: A Philosophical Guide (Hart Bloomsbury 2017)
Courses including this module
Optional in courses:
- NM11: BA Business and Law year 2 (BA/BUSALAW)
- NM1B: BA Business and Law (4 year with Incorporated Foundation) year 2 (BA/BUSLAW1)
- M100: LLB Law year 2 (LLB/L)
- M11B: LLB Law (4 year with Incorporated Foundation) year 2 (LLB/L1)
- M10P: LLB Law with Placement Year year 2 (LLB/LP)