UCL FACULTY OF LAWS

LLM Programme

The taught modules offered on the LLM programme vary from year to year. Please check the full list of taught modules list for details of modules running in specific academic years. We make every effort to ensure that every module will be offered, but modules are subject to change and cancellation. You are therefore advised to check this site regularly for further updates throughout the year preceding entry to the LLM programme.


JURISPRUDENCE AND LEGAL THEORY (LAWSG025)
Credit value: 30 credits (12 ECTS)
Module Convenor:
Professor George Letsas
Other Teachers:
Professor Riz Mokal
Dr Prince Saprai
Content

Summary:

The first half of the module will cover certain fundamental topics in contemporary Anglo-American legal philosophy, through studying three main schools of thought: legal positivism, natural law and interpretivism. We will explore questions such as: what is the nature of legal norms? How do we identify legal norms? What is the connection between legal and moral obligation? What is the point and purpose of law? Is coercion essential to law? Do judges have discretion in applying the law?

The second half of the module will cover questions in the philosophy of particular areas of law. This year we shall study 1) issues in the philosophy of international law and human rights and 2) issues in the philosophy of contract and tort law.

Syllabus:

First Term

  • Moral Objectivity and the Law
  • The Command Theory and Utilitarianism
  • Criticisms of the Command Theory
  • Legal Positivism and Conventionalism
  • Criticisms of Legal Positivism
  • Law as Integrity
  • Coercion and the Law
  • Law and the Common Good
  • Law and Authority
  • Judicial Discretion in Stare Decisis and Statutory Interpretation

Second Term

Philosophy of International law (5 seminars)

  • Is International Law, law?
  • The Value of Sovereignty
  • International Law and Legitimacy
  • Philosophical Foundations of Human Rights I
  • Philosophical Foundations of Human Rights II

Philosophy of Private law (5 seminars)

  • The Morality of Promising
  • The Contract as Promise Debate
  • Contract Law and Individuation of Areas of Law
  • Tort Law and Moral Luck
  • Tort Law and Risk

Background Reading (optional):

  • HLA Hart, The Concept of Law 3rd. ed. (OUP);
  • RM Dworkin, Law’s Empire (Hart)
  • JM Finnis, Natural Law and Natural Rights 2nd ed. (OUP)

Module reading lists and other module materials will be provided via online module pages, once students have made their module selections upon enrolment in September.

Delivery and enrolment
Lectures/Seminars: 20 x 2-hour seminars
Tutorials: None/Yes
Previous module enrolments: Medium – 16-50 students
Who may enrol: LLM students, other UCL Masters students
Prerequisities: No formal prerequisites, though previous study of legal philosophy is recommended.
Barred module combinations: This module cannot be taken with its half-module component LAWSG025A Jurisprudence and Legal Theory A
Core Module for LLM specialism: Jurisprudence and Legal Theory
Assessment
Final Assessment: 2 x 3,000 word coursework essay
Practice Assessment: Opportunity for feedback on 1 optional practice essay per term

This page was last updated on 25 July, 2014

APPLICATION NOTICES

The application process for the 2014-15 academic session, for entry in September 2014, is now closed.

Information regarding applications for September 2015 will be updated on the website in September 2014.

IMPORTANT NOTICE : Updated 28 May 2014

The Home Office issued an update about the acceptance of ETS tests (including TOEFL). They have now confirmed that Higher Education students applying for a Tier 4 visa may use a TOEFL test taken after 17 April, if a Higher Education Institution is willing to use its academic discretion. For those students entering in September 2014, UCL will continue to accept the TOEFL even if it was taken after 17 April. However, if an applicant still needs to book a test then we recommend that they take an alternative test to TOEFL. Those who have already arranged to take a different test following the previous advice from the Home Office, we encourage you to go ahead with taking the alternative test.

The TOEFL test will continue to be accepted for 2014 entrants who have been asked to take an English language qualification as part of their offer condition, and do not need to apply for a visa to study in the UK.