This course will cover the remedies available for both common law and equitable wrongs in the commercial context (broadly interpreted).
- To raise students’ critical awareness of some major issues in legal and moral philosophy in the Anglo-American tradition
- To develop and discipline students’ analytical and critical abilities by having them engage in both oral and written abstract arguments
- To enable and encourage students to evaluate legal doctrines and institutions, and to theorize about particular areas of law and their normative foundations
The Module is divided in two parts: general jurisprudence (Term 1) and particular jurisprudence (Term 2). General jurisprudence (Term 1), broadly speaking, is an inquiry into the nature of law, and deals with some of the relevant issues such as the nature of legal adjudication, the relation between law and morality, the difference between norms and values on the one hand and natural and social facts on the other, etc. Particular jurisprudence (Term 2) will explore the philosophical foundations and normative questions within specific areas of law. Both some classical and contemporary readings will be assigned. For both halves of the Module, some background in philosophy (as that discipline is studied in the Anglo-American universities) would be very helpful, though not necessary or essential.
- H.L.A. Hart The Concept of Law, 2nd or 3rd ed. (1994 or 2012)
Module reading lists and other module materials will be provided via online module pages, available at the beginning of term once students have enrolled.
- Jeremy Waldron, “Law”, in The Oxford Handbook of Contemporary Philosophy, edited by Frank Jackson & Michael Smith (2005)
|Credit value:||45 Credits (450 Learning Hours)|
|Teaching Delivery:||Teaching for all LLM modules in 2020-21 will be delivered through a combination of pre-recorded and synchronous live teaching|
|Who may enrol:||LLM Students Only|
|Prerequisites:||None, although a background in analytic philosophy is highly desirable|
|Must not be taken with:||Jurisprudence and Legal Theory A (LAWS0304)|
|Qualifying module for:|
LLM in Jurisprudence and Legal Theory
|Final Assessment:||2 x 3,000 Word Essays (50% each)|