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Normative Methods, Legal Analysis and Research Skills

Course Code: PUBLG104

Course Tutor: Dr Saladin Meckled-Garcia (Department of Political Science)

Assessment: One 3,000 word paper

Credit Value: 15

About this course

The aim of this module is to introduce students to the key methods and techniques needed to develop and test normative arguments and legal arguments in human rights ethics and human rights law respectively. The first part of the course covers how normative arguments/critiques/positions can be analysed by using clear methodological procedures. The main methods in moral argument are worked through using human rights examples. These include: ordinary language analysis, intuitionism, reflective equilibrium, coherentism, and value-led interpretivism. The second part of the course covers legal arguments and interpretation with special reference to human rights law. Students are shown how to analyse human rights legal materials such as legislation and case law, and how o use these as evidence of law in legal arguments. The module addresses how these legal sources should be interpreted, using the main methodological approaches in legal analysis, including: plain text meaning, author intention, historical authority, judicial authority, value and purpose. Both parts of the module use real human rights cases that students are invited to analyse from moral and legal perspectives using the methods that have been covered.

In addition to this, students are introduced to Masters' level essay writing (argument construction) skills, and these are connected with the appropriate methods for different types of essay (normative; legal). Students will also develop key research skills and scholarly skills for Masters level work: essay writing format, structure and style; research sources for law; literature review writing; research proposal writing. The course also aims to highlight key concepts students should use in developing a methodology for their dissertation work, and in carrying out original research and dissertation preparation. We also cover a real research case and how student would go about preparing a research report as part of a project for an organisation using these research skills.

By the end of this course students will:

•Understand the difference between normative methods and non-normative methods.

•Be aware of the main approaches to moral analysis and legal analysis.

•Analyse normative arguments in terms of their key methodological commitments.

•Develop and test arguments using clear normative methodologies and techniques.

•Engage and interpret legal sources.

•Analyse and evaluate legal arguments and their relationship to sources.

•Evaluate legal arguments in terms of interpretative commitments/theories of interpretation.

•Write clear essays making conscious essay structure choices.

•Write a clear dissertation proposal using clear elements and components, including a methodological statement.

•Write a clear literature review, thematically and conceptually structured.

* Please note that this course is only available to MA HR students.

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Page last modified on 11 jul 14 12:17

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