Law (School of)
Undergraduate: Level 5
Thursday 03 October 2019
Saturday 14 December 2019
05 August 2019
Requisites for this module
BA MVC5 Philosophy and Law,
BA MVC6 Philosophy and Law (Including Placement Year),
BA MVC8 Philosophy and Law (Including Foundation Year),
BA VM51 Philosophy and Law (Including Year Abroad),
BA VM58 Philosophy and Law (Including Foundation Year and Year Abroad),
LLB MV16 Law with Philosophy,
LLB MV18 Law with Philosophy (Including Year Abroad),
LLB MV19 Law with Philosophy (Including Placement Year)
Jurisprudence is a module that enables you to think in-depth about how law works and the impact it has on the society around us. For example: How is law different to other rules and principles? Should law reflect moral opinion, and if so, how do we decide what is moral? Can judges really be objective when they make decisions? How do we judge if law is making society fairer?
The module covers many key theoretical approaches to understanding what law is and how it functions. In doing so, we will look at the relationship (and conflicts) between law and politics, markets, and matters of social justice. You will be asked to think for yourself about these issues, and reflect on which perspectives provide us with the most accurate, and the most useful, ways of thinking about law.
The aim of the module is to introduce students to the main currents of thought about the nature and social functions of law and its relationship to morality and politics. A related aim is to improve students’ ability to reason critically and to argue.
Students should gain a basic understanding of the currents of thought referred to under ‘module aims’ above. They should also develop their capacity to reason critically and to demonstrate this ability in written work.
The syllabus is likely to include the following:
1. Natural law
2. Classical Legal Positivism
3. Legal Realism
4. Modern Legal Positivism, especially the theory of H.L.A. Hart
5. The legal theory of Lon Fuller
6. The legal theory of Ronald Dworkin
7. Marxist approaches to law
8. Critical Legal Studies
9. Feminist legal theory
10. Postmodernism and law
Two one-hour lectures per week
- Dworkin, R. (1887-) 'Hard Cases', in Harvard Law Review. vol. 88, pp.1057-1109
- Dworkin, Ronald. (1977) 'Is law a system or rules?', in The Philosophy of law, London: Oxford University Press., pp.38-65
- Fuller, L. L. (1887-) 'The Case of the Speluncean Explorers', in Harvard Law Review. vol. 62, pp.616-645
- Hart, H. H. (1887-) 'Positivism and the Separation of Law and Morals', in Harvard Law Review. vol. 71 (4) , pp.593-629
The above list is indicative of the essential reading for the course. The library makes provision for all reading list items, with digital provision where possible, and these resources are shared between students. Further reading can be obtained from this module's reading list.
Assessment items, weightings and deadlines
|Coursework / exam
||Formative Essay - Jurisprudence
||Summative Essay Question - Jurisprudence
Module supervisor and teaching staff
Dr Tom Cornford, Konstantinos Kalliris, Ronit Matar
Law General Office, 01206 872529, email@example.com
Dr Christopher Lloyd
Oxford Brookes University
Available via Moodle
Of 28 hours, 20 (71.4%) hours available to students:
8 hours not recorded due to service coverage or fault;
0 hours not recorded due to opt-out by lecturer(s).
Law (School of)
Disclaimer: The University makes every effort to ensure that this information on its Module Directory is accurate and up-to-date. Exceptionally it can
be necessary to make changes, for example to programmes, modules, facilities or fees. Examples of such reasons might include a change of law or regulatory requirements,
industrial action, lack of demand, departure of key personnel, change in government policy, or withdrawal/reduction of funding. Changes to modules may for example consist
of variations to the content and method of delivery or assessment of modules and other services, to discontinue modules and other services and to merge or combine modules.
The University will endeavour to keep such changes to a minimum, and will also keep students informed appropriately by updating our programme specifications and module directory.
The full Procedures, Rules and Regulations of the University governing how it operates are set out in the Charter, Statutes and Ordinances and in the University Regulations, Policy and Procedures.