Studying at York
Philosophy of Law - LAW00037I
Module summary
What makes law law? Do we have to obey it? Does law serve justice or does it just keep people in their place? This module provides an introduction to some key issues in philosophy of law, and their real-world implications.
Related modules
Pre-requisite modules
Co-requisite modules
- None
Prohibited combinations
- None
Module will run
| Occurrence | Teaching period |
|---|---|
| A | Autumn Term 2022-23 to Summer Term 2022-23 |
Module aims
The module aims, as part of the overall LLB programme, to enable students to develop new and further critical perspectives on law, whilst progressively developing core academic and legal skills.
This module provides an introduction to some key issues in legal philosophy, and demonstrates their relevance by applying them in a range of relevant contexts. How should the law address 'tragic choices', such as the decision to shoot down a hijacked passenger aircraft being used to target a densely populated city? What are the key characteristics of 'law'? Does it have to be morally good to count as law, and what are the implications, for example, for the status of law under unjust regimes? (How) is law binding? Could you, for example, refuse to obey a law which required you to perform military service? What do judges do, and what should they do? How should judges make decisions in politically or socially controversial areas, from ownership of the family home to leaving the European Union? And, is law really a mechanism for good, or is it in fact part of the problem, sustaining inequality and keeping people 'in their place'?
The module will give students the chance to connect legal research with research in other disciplines including philosophy and politics.
Module learning outcomes
By the end of the module, students should be able to:
- Explain, apply, discuss and critically evaluate well-established legal concepts, principles, theories and perspectives in the area of philosophy of law
- Discuss and critique the development and purpose of law and its interrelationship with society and other disciplines
- Develop individual opinions and arguments on legal issues and propositions, supported by appropriately critiqued academic evidence, in relation to philosophy of law
- Apply and evaluate critically problem-solving strategies to develop and propose solutions to academic and practical legal problems
- Plan, implement and evaluate research methodologies, and strategies, and locate relevant and reliable sources and authorities
- Communicate the outputs of the above in a variety of written and oral formats and contexts to specialist and non-specialist audiences
- Demonstrate understanding of norms of scholarly and professional legal practice
- Reflect on learning and feedback, and use this in identifying future learning interests and needs
Module content
The following is an indication of the areas which the module might address. There are likely to be year to year variations to accommodate particular interests, or issues of current significance.
1. Justice, utility and rights. How these principles might inform the content of law. How the law responds and should respond to 'tragic choice' / 'moral dilemma' situations.
2. The characteristics of law. What makes law 'law'. Positivist and non-positivist, natural law accounts of law. The implications of approaches to the characteristics of law for unjust laws and legal systems.
3. The authority of law. (How) is law binding? When can disobedience to law be justified?
4. Judging. What do judges do and what should they do? Judging in relation to areas of social and political controversy. Formalist, realist and other accounts of judging.
5. Critical accounts of law. The possibility that law is structurally flawed, and contributes to inequality. Critical Legal Studies and feminist approaches to law.
Indicative assessment
| Task | % of module mark |
|---|---|
| Essay/coursework | 80 |
| Oral presentation/seminar/exam | 20 |
Special assessment rules
None
Additional assessment information
Specified lecture and seminar slots are given over to assessment preparation, including evaluation of previous submissions, and surgery appointments to discuss assessment ideas.
Students have the opportunity to make a formative submission in term 2, of up to 750 words relating to the Written Task, and 2 sides relating to the Reflective Research Trail. There is a feedback opportunity in relation to the formative submission.
Indicative reassessment
| Task | % of module mark |
|---|---|
| Essay/coursework | 80 |
| Oral presentation/seminar/exam | 20 |
Module feedback
Students will receive ongoing feedback from tutors and peers on developing their understanding and skills during seminars.
Learning activities dedicated to assessment preparation.
Feedback in relation to a formative submission opportunity.
Individual feedback on summative submission, during Summer term and within standard Turnaround Time.
Indicative reading
John Gardner, Law and Philosophy in Simon Halliday (ed), An Introduction to the Study of Law (W. Green 2012) esp 24-29
James Penner and Emmanuel Melissaris, McCoubrey & White's Textbook on Jurisprudence (5th edn, OUP 2012)
Raymond Wacks, Understanding Jurisprudence (4th edn, OUP 2015)