Jurisprudence

Module title	Jurisprudence
Module code	LAW2155
Academic year	2024/5
Credits	15
Module staff	Dr Robert Herian (Lecturer)

Duration: Term	1	2	3
Duration: Weeks	0	11	0

Number students taking module (anticipated)	120

Module description

Jurisprudence means the theory or philosophy of law and involves reflecting on questions about what law is, what it is for, how it works and what it achieves in human societies. Building on your legal studies so far, this module will give you the opportunity to think and learn about these sorts of issues from a more abstract perspective, by developing your understanding of some of the most influential and exciting jurisprudential schools of thought, including natural law theory, positivism, Critical Legal Studies, postmodernism, and law and literature. The module will give you the chance to explore how these different schools of thought have sought to explain, for example, the origins and development of legal rules, law’s relationship with justice, and the ways in which law reflects some societal or political perspectives while excluding others. In so doing, this module will also allow you to develop your skills of independent thought, critical analysis and theoretical argumentation.

Module aims - intentions of the module

This module aims to encourage you to reflect upon the relevance and significance of abstract, theoretical and philosophical ideas for your doctrinal legal studies. It will introduce you to theories about the nature, purposes and authority of law, enable you to develop your powers of analytical and critical thought and give you the opportunity to develop techniques of independent, abstract and systematic analysis.

Intended Learning Outcomes (ILOs)

ILO: Module-specific skills

On successfully completing the module you will be able to...

1. demonstrate understanding of theoretical approaches to the nature, purposes and authority of law;
2. demonstrate good knowledge and understanding of the theoretical schools of thought covered on the module;
3. identify, explain, critically assess and analyse issues arising in key areas of jurisprudence;
4. deal with complex issues and problems arising in jurisprudence, reach appropriate and reasoned conclusions and offer analysis and criticism of theoretical arguments in these areas.

ILO: Discipline-specific skills

On successfully completing the module you will be able to...

5. integrate and assess information from theoretical sources using appropriate techniques;
6. select, integrate and present relevant theoretical arguments coherently and reflectively.

ILO: Personal and key skills

On successfully completing the module you will be able to...

7. manage relevant learning resources, information and learning strategies, and develop your own arguments and opinions with minimum guidance;
8. work independently to complete a specified task.

Syllabus plan

Whilst the precise content may vary from year to year, it is envisaged that the syllabus will cover all or some of the following topics:

The meanings and methods of jurisprudence
Schools of thought over time and in different places
Anthropological and sociological theories of law
Natural law theory
Positivist legal theory
Legal realism (including American and/or Scandinavian)
Marxism and Marxist legal theory
Critical Legal Studies
Feminist legal theory
Critical race theory
Postmodern theories of law and justice
Law and literature

Learning activities and teaching methods (given in hours of study time)

Scheduled Learning and Teaching Activities	Guided independent study	Placement / study abroad
26.5	123.5	0

Details of learning activities and teaching methods

Category	Hours of study time	Description
Scheduled Learning and Teaching Activities	22	11 x 2 hour lectures (including introductory, concluding and revision sessions)
Scheduled Learning and Teaching Activities	4.5	3 x 1.5 hour workshops
Guided Independent Study	55	Individual reading and lecture preparation
Guided Independent Study	15	Workshop preparation
Guided Independent Study	42.5	Summative assessment preparation
Guided Independent Study	11	Formative assessment preparation

Formative assessment

Form of assessment	Size of the assessment (eg length / duration)	ILOs assessed	Feedback method
Essay comprising two parts: (1) a 1,000-word essay and (2) a 250-word reflective commentary	1,250 words in total	1-8	Written feedback, followed by in-class feedback; individual students may seek additional feedback if required

Summative assessment (% of credit)

Coursework	Written exams	Practical exams
100	0	0

Details of summative assessment

Form of assessment	% of credit	Size of the assessment (eg length / duration)	ILOs assessed	Feedback method
Essay comprising two parts: (1) a 2,000-word essay and (2) a 500-word reflective commentary	100	2,500 words in total	1-8	Written feedback; individual students may seek additional feedback if required
	0
	0
	0
	0
	0

Details of re-assessment (where required by referral or deferral)

Original form of assessment	Form of re-assessment	ILOs re-assessed	Timescale for re-assessment
Essay comprising two parts: (1) a 2,000-word essay and (2) a 500-word reflective commentary	Essay comprising two parts: (1) a 2000-word essay and (2) a 500-word reflective commentary (2,500 words in total)	1-8	August/September re-assessment period

Indicative learning resources - Basic reading

Indicative basic reading – detailed reading lists will be provided on ELE.

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

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

W Morrison, Jurisprudence: From the Greeks to Post-Modernism (Cavendish, 1997)

ELE – College to provide hyperlink to appropriate pages

Other resources including lecture slides, video clips and other notes will be provided on ELE.

Key words search

Jurisprudence, legal theory, legal philosophy

Credit value	15
Module ECTS	7.5
Module pre-requisites	None
Module co-requisites	None
NQF level (module)	5
Available as distance learning?	No
Origin date	31/01/2022
Last revision date	31/01/2022