The module introduces student to a range of jurisprudential theories. Students will examine the major theories relating to the nature of law – including questions relating to the purpose of law, theories of adjudication and the relationship between law and morality. Students will also examine theories of justice and rights. Finally, the module will introduce students to some of the critical alternatives to mainstream theories. Students will analyse the relationships between these various theories and any criticisms that could be made of them.

1. Identify, describe and explain key jurisprudential theories.
2. Identify and evaluate the main points of distinction between the different jurisprudential theories studied.
3. Analyse and evaluate relative strengths and weaknesses of competing theoretical, philosophical and moral arguments as they relate to law.
4. Communicate effectively in writing in a style appropriate to audience and purpose.

The first essay question will require the students to evaluate the relative strengths and merits of the jurisprudential theories discussed in the first four lectures of the module – natural law theory, positivism and Dworkin’s theory of law as interpretation (week 7)

For the second assessment, students will be able to choose from a number of essay questions (typically four or five) which require them to critically evaluate one or more of the theories they have studied in lectures five onwards (week 14)

In both assessments, students will be able to demonstrate that they have completed all learning outcomes.

Natural Law Theory; Legal Positivism; Interpretivist Theories of Law; Theories of Justice; Legal Realism; Critical Legal Studies; Feminist Jurisprudence; Critical Race Theory.

The delivery of the module will be via weekly lectures and weekly workshops. Together these will compose 39 hours of direct contact with the tutor. Students will also be expected to engage in 161 hours of guided independent study.

Lectures will be designed to provide a focus and context for students. While they will be predominantly tutor led, they will also be in part interactive, with topics being explored by means of questions and answers. Attendance at lectures is compulsory and students will be expected to undertake any specified preparation beforehand. Where appropriate, a handout will be distributed at the start of the lecture will guide the student through the issues discussed in the lecture.

The workshops will enable students to deepen their knowledge and understanding of the topics introduced in the lectures. As with the lectures, attendance is compulsory and preparation beforehand essential. Preparation will take the form of directed reading and independent research thus allowing the student the ability to take increasing responsibility and ownership of their own learning. Students will be expected to communicate complex legal issues effectively. In this way, students will further develop their inter-personal skills, legal research skills, legal reasoning skills, problem solving and critical analysis skills.

The module handbook and/or the VLE will specify or contain the materials to be read prior to attending classes.

Freeman MDA, Lloyd’s Introduction to Jurisprudence (9th edn, Sweet & Maxwell 2014)

Penner J and Melissaris E, McCoubrey & White's Textbook on Jurisprudence (5th edn, OUP 2012)

Wacks R, Understanding Jurisprudence: An Introduction to Legal Theory (5th edn, OUP 2017)

In addition to the above, students will have access to a number of resources via the Library, including:

Texts

Barnett H, Sourcebook on Feminist Jurisprudence (Cavendish 1997)

Dworkin R, Taking Rights Seriously (Harvard University Press 1977)

Finnis J, Natural Law and Natural Rights (2nd edn, Clarendon Law Series, OUP 2012)

Hart HLA, The Concept of Law (3rd edn, Oxford University Press 2012)

Nozick R, Anarchy, State and Utopia (Blackwell 1975)

Rawls J, A Theory of Justice (Revised edn, Oxford University Press 1999).

Rawls J and kelly E, Justice as Fairness: A Restatement (Harvard University Press 2001).

Riddall JG, Jurisprudence (2nd edn, OUP 2011)

Databases

Students will have access to LexisNexis and Westlaw

Journals

The Library also has access to a variety of relevant journal titles