LAWS0039: Philosophical Foundations Of The Common Law

Please note this module is not available for selection in 2022/23 academic year

This module introduces you to philosophical debates in the core common law areas of Contract, Tort and Criminal Law. Although it is a requirement of the course that you have studied Contract, Tort and Criminal Law already, detailed knowledge of the case law in these fields is NOT necessary; a broad appreciation of these doctrinal areas will be sufficient. Seminars will focus on unpacking key philosophical issues.

There will be 6 seminars each on the philosophy of Criminal Law, Tort Law and Contract Law. In each field, we will consider:

1. Foundational issues such as what are crimes, torts and contracts? In particular, we will discuss whether these areas are underpinned by extra-legal moral principles such as promise in contract or corrective justice in Tort?
2. Philosophical issues which cut across these fields such as the nature of wrongdoing, the role of defences and the nature and importance of fundamental concepts such as causation, responsibility, fault, harm, and moral luck.
3. Discrete topics that raise interesting philosophical puzzles. These include why rape is considered to be a particularly heinous crime; whether children born disabled should have so called ‘wrongful life’ claims in Tort against negligent doctors; and whether there should be ethical limits on markets, which preclude the sale of things like sex and body organs.

By the end of the course, you should be familiar with the key philosophical issues and concepts in these fields, and have developed the analytical skills necessary to unpack theoretical debates, and make progress on fundamental doctrinal issues.

Reading lists and other materials will be provided for students registered on the module via online Moodle information pages.

Full module information is available in the UCL Module Catalogue.

Eligibility: This module is only available to Final Year undergraduate students in the UCL Faculty of Laws.