LLB Summer Reading 2015-16

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LLB Summer Reading
2015-16
Contents
Contents................................................................................................................................................... 0
LAWS2009: EU LAW.................................................................................................................................. 1
LAWS2006/LAWS2010/LAWS2011: EUROPEAN LEGAL STUDIES II (FRENCH, GERMAN, SPANISH) ............... 1
LAWS2004: JURISPRUDENCE AND LEGAL THEORY ..................................................................................... 2
LAWS2002: PROPERTY II ........................................................................................................................... 2
LAWS2007: TORT ...................................................................................................................................... 3
LAWS3025: ACCESS TO JUSTICE AND COMMUNITY ENGAGEMENT ............................................................ 3
LAWS3009: COMMERCIAL LAW ................................................................................................................ 4
LAWS3007: COMPANY LAW ...................................................................................................................... 5
LAWS3040: CONFLICT OF LAWS ................................................................................................................ 5
LAWS3035: CORPORATE INSOLVENCY....................................................................................................... 6
LAWS3042: CRIMINOLOGY........................................................................................................................ 6
LAWS3002: EMPLOYMENT LAW................................................................................................................ 7
LAWS3012: ENVIRONMENTAL LAW .......................................................................................................... 8
LAWS3010: FAMILY LAW .......................................................................................................................... 9
LAWS3016: HEALTH CARE LAW ................................................................................................................. 9
LAWS3004: HISTORY OF ENGLISH LAW ................................................................................................... 10
LAWS3029: HUMAN RIGHTS IN THE UK ................................................................................................... 11
LAWS3005: INTELLECTUAL PROPERTY LAW ............................................................................................. 11
LAWS3013: LAW AND ETHICS ................................................................................................................. 12
LAWS3006: LAW OF EVIDENCE ............................................................................................................... 13
LAWS3008: LAW OF TAXATION ............................................................................................................... 14
LAWS3045: LAWYERS: PRACTICE AND ETHICS ......................................................................................... 14
LAWS3014: PUBLIC INTERNATIONAL LAW ............................................................................................... 15
LAWS3036: ROMAN LAW........................................................................................................................ 16
LAWS3044: UNJUST ENRICHMENT .......................................................................................................... 16
LAWS2009: EU LAW
The recommended text for this course is:
Craig and de Búrca, Text, Cases and Materials in EU Law (OUP, 6th ed. 2015)
During the summer vacation, you should read Chapter 1 of this book. For wider
perspectives on the ‘idea’ of Europe, the legal/constitutional, economic and social
implications of European integration, you may also like to read:
•
•
•
Ian Ward, A Critical Introduction to European Law (CUP, third edition, 2009)
The Financial Times newspaper http://www.ft.com/home/uk/;
John Pinder and Simon Usherwood, The European Union: A Very Short
Introduction (3rd ed., OUP, 2013).
Dr Nicola Countouris
July 2015
LAWS2006/LAWS2010/LAWS2011:
EUROPEAN LEGAL STUDIES II (FRENCH,
GERMAN, SPANISH)
J.P. Dawson, The Oracles of the Law, pp 160-165; 196-213
Lord MacMillan, Two ways of reasoning in Law & Other Things (1937), pp 76-101
B.S. Markesinis, Litigation Mania in England, Germany and the USA; are we so very
different?, pp 233-236 in Cambridge Law Journal 1990
B.S. Markesinis, Judicial Style & Judicial Reasoning in England & Germany, in Always on
the Same Path (2001), pp 305-320
B.S. Markesinis, Conceptualism, Pragmatism and Courage – A Common Lawyer looks at
some Judgements of the German Federal Court, in Foreign Law & Comparative
Methodology (1997), pp 211-227
K. Zweigert and H. Kötz, An Introduction to Comparative Law (3rd ed, 1998), pp 1-97;
132-156; 180-204
John H. Merryman, The Civil Law Tradition (2nd ed, 1985), Essays 1, 4, 5, 6, 7 and 9
Jean-Louis Halperin, The French Civil Code (2006)
Dr Myriam Hunter-Henin
July 2015
Page | 1
LAWS2004: JURISPRUDENCE AND LEGAL
THEORY
Compulsory reading:
(1) HLA Hart, The Concept of Law, 3rd ed. (Oxford University Press, 2012). Read the
Introduction (xv-lii), written by Leslie Green and Chapter 1 (pp. 1-17)
(2) Ronald Dworkin, Law’s Empire (Hart Publishing. 1988). Read Chapter 1 (‘What is
Law?).
(3) Bernard Gert, ‘The Definition of Morality’ in Stanford Encyclopaedia of
Philosophy, available at:
http://plato.stanford.edu/entries/morality-definition/
Students are expected to do the compulsory reading over the summer and to be
prepared to answer questions on it at their first tutorial. It is worth buying these two
books, as they will be used throughout the course.
Recommended reading:
Bernard Williams, Morality: An Introduction to Ethics (Cambridge University Press,
2012).
Prof George Letsas
July 2015
LAWS2002: PROPERTY II
The set text is Ben McFarlane and Charles Mitchell, Hayton and Mitchell's Text, Cases
and Materials on the Law of Trusts and Equitable Remedies 14th edn (Sweet & Maxwell,
2015). This is a new edition which has been extensively revised and you should not buy
a second-hand copy of the 13th edition instead as this will be of no use to you. The 14th
edition will come out in September; when it appears you should buy it and read Chapter
1. You do not need to buy any other book for the course, but if you want to use a lighter
introductory work to supplement Hayton & Mitchell then we would recommend James
Penner The Law of Trusts 9th edn (OUP, 2014).
Prof Charles Mitchell
July 2015
Page | 2
LAWS2007: TORT
The required reading for Tort is focused on Mark Lunney and Ken Oliphant, Tort Law:
Text and Materials 5th edition (OUP, 2013). Chapter 1 provides a useful introduction to
the course.
Prof Paul Mitchell
July 2015
LAWS3025: ACCESS TO JUSTICE AND
COMMUNITY ENGAGEMENT
As this course combines academic enquiry with practical experience, your summer
reading aims to give you an introduction to access to justice and legal aid provision in
the UK as well as acquainting you with the educational purposes of casework.
The following will be a useful starting point:



Richard Abel, The Paradoxes of Pro Bono, 78 Fordham L. Rev. 2443 (2010),
http://ir.lawnet.fordham.edu/flr/vol78/iss5/10
Jerome Frank, Why Not A Clinical Lawyer-School? University of Pennsylvania Law
Review, Vol. 81, No. 8 (Jun., 1933), pp. 907-923 (available on heinonline).
Legal Aid, Sentencing and Punishment of Offenders Act, 2012: Part one and
schedule 1, available at
http://www.legislation.gov.uk/ukpga/2012/10/contents/enacted
You may want to begin considering the following questions:



What are the impacts of legal problems on individuals?
What is legal aid and why should the Government provide it?
Why, if at all, should lawyers undertake pro bono work?
You may also want to develop a portfolio of materials on current debates to assist you
and better inform your journal entries in due course. To this end, please begin to
develop an awareness of cases in the press or speeches made by judges and policy
makers drawing attention to legal aid reforms and/or social welfare issues.
Page | 3
Some recent examples include:



D (A Child) [2014] EWFC 39 (see especially paras. 26-32)
https://www.judiciary.gov.uk/wp-content/uploads/2014/10/re-child-d.pdf
MPs Lambast Civil Legal Aid Reforms: 12 March 2015
http://www.lawgazette.co.uk/news/mps-lambast-civil-legal-aidreforms/5047444.fullarticle
Both successful and unsuccessful challenges to changes to the legal aid
regime are of interest and offer good legislative background: see for example
R (The Howard League for Penal Reform & Anor) v The Lord Chancellor [2014]
EWHC 709 (under appeal) and R (The Public Law Project) v The Secretary of
State for Justice & Anor [2014] EWHC 2365 (Admin) (under appeal)
http://www.bailii.org/ew/cases/EWHC/Admin/2014/709.html
https://www.judiciary.gov.uk/wp-content/uploads/2014/07/plp-v-ssj-andother.pdf
For the casework element of the course you will be required to attend skills
training for your respective placements from September/October 2015. Be sure
to familiarise yourself with the work of your organisation:



Guttmann Centre for Health and Wellbeing: http://www.guttmann.nhs.uk/
(More information to be provided in due course)
Just for Kids Law: http://www.justforkidslaw.org/
Free Representation Unit: http://www.thefru.org.uk/
Jacqueline Kinghan
July 2015
LAWS3009: COMMERCIAL LAW
The course textbook is L Sealy and R Hooley, Commercial Law: Cases and Materials (4th
edition, 2008). There will be a new edition at some point, but it will not be published in
2015, so students are advised to buy the existing 4th edition. In preparation for the
course, students should read Chapters 1 and 2. If you wish to do any preparatory
reading on specific topics, then please note that the course will also cover material in
Chapters 3-6, 7-13, 22-23, and 24-26 of Sealy & Hooley. Please also note that, in a
change from the content of the 2014-5 course, the 2015-6 course will start with two
lectures on Contractual Interpretation. If you wish to prepare for this, please read Lord
Hoffmann's judgment in the Investors Compensation Scheme case ([1998] 1 WLR 896)
and look at Chapter 1 of Richard Calnan, Principles of Contractual Interpretation (2013),
which is available online at http://ukcatalogue.oup.com/product/9780199681464.do
Prof Ben McFarlane & Dr Magda Raczynska
July 2015
Page | 4
LAWS3007: COMPANY LAW
Textbook
You are encouraged to read chapters 1 and 2 of Brenda Hannigan's Company Law, (3rd
edn, Oxford University Press 2012) or chapter 1 of John Lowry and Arad Reisberg’s
Pettet’s Company Law (4th edn, Pearson 2012) before the start of term.
Please note that a 4th edition of Hannigan’s Company Law is due to be published in
October 2015. As such, I recommend using a library copy of the third edition for this
preparatory reading rather than buying the textbook at this stage.
Statute and casebooks
Statute and casebooks will be discussed during the first class of the module.
However, for those wishing to buy a casebook before the start of term I would
recommend: L.S. Sealy and S. Worthington, Cases and Materials in Company Law, (10th
edn, Oxford University Press 2013).
PLEASE NOTE: you will need to purchase a company law statute book for this course.
However, updated statute books (across publishers) are generally released in August
and I strongly recommend that you wait until we discuss the various options at the
start of term before making a purchase.
Anna Donovan
July 2015
LAWS3040: CONFLICT OF LAWS
As an introduction to the Conflict of Laws, students may wish to read one or more of the
following:




Cheshire, North and Fawcett, “Private International Law” (14th edition, 2008),
Chapter 1
Clarkson & Hill, “The Conflict of Laws” (4th edition, 2011), Chapter 1
Hartley, “International Commercial Litigation: Text, Cases and Materials on
Private International Law” (2nd edition, 2015), Chapter 1
Rogerson, “Collier’s Conflict of Laws” (4th edition, 2013), Chapter 1 (also
available as an ebook, through the UCL library catalogue)
The main textbook we’ll use in this course will be the Clarkson & Hill text above – it’s
recommended that students purchase a copy of this book. Further reading will also
frequently be assigned from the other books above.
Dr Alex Mills
July 2015
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LAWS3035: CORPORATE INSOLVENCY
In preparation for the course, please read Parts I and II of the Legislative Guide on
Insolvency Law, prepared by the United Nations Commission on International Trade
Law, which is available at the following URL:
http://www.uncitral.org/pdf/english/texts/insolven/05-80722_Ebook.pdf
Prof. Riz Mokal
July 2015
LAWS3042: CRIMINOLOGY
Students must read Frankenstein by Mary Shelley (available from OUP Classics at £2.99)
and come along ready to discuss it in the first seminar.
Students should also start to think about and plan writing their own short story (1,500 3,000 words) about a crime or a criminal and be ready to bring the finished product to
seminar two. Issues to think about might include :
 What was the crime ?
ie what was done to what or whom; was there a victim, who was he/she, why
that person; where did it happen; were there any
precursors; how was it
carried out/accomplished; any other
circumstances.

Who was/were the criminal/s?
ie profile of the criminal/s, who are they, background, type of person,
character; motivations; reasons(if any)
Students might also wish to read:
 Pearson, G. (1983) ‘Hooligan:A History of Respectable Fears’ (Macmillan
reprinted in 1994)

Campbell, B. (1993) ‘Goliath: Britain’s Dangerous Places’ Methuen
Students might also wish to make a start on reading some of the novels required later in
the course. These are listed on the Criminology Moodle page and include: Brighton
Rock by Graham Greene, Nana by Emile Zola, Lord of the Flies by William Golding, Crime
and Punishment by Fyodor Dostoevsky, The Pearl by John Steinbeck, Of Mice and Men
by John Steinbeck.
Elaine Genders
July 2015
Page | 6
LAWS3002: EMPLOYMENT LAW
For a rewarding, if slightly long, account of the regulatory dilemmas underlying labour
law:

E. Albin, 'The Case of Quashie: Between the Legalisation of Sex Work and the
Precariousness of Personal Service Work' (2013) ILJ, 180-191
For an excellent overview of the questions underpinning the human rights dimension of
labour law:

V. Mantouvalou, ‘Are Labour Rights Human Rights?’ UCL LRI Working Paper,
available at http://www.ucl.ac.uk/laws/lri/index.shtml?papers
Two examples of contemporary debates within employment and equality law you may
wish to consider are:
•
The extent to which low skilled migrant workers are at serious risk of
exploitation in the UK, as revealed by a recent Migration Advisory Committee
Report of 2014, available at
https://www.gov.uk/government/uploads/system/uploads/attachment_data/fil
e/328010/MAC-Migrants_in_low-skilled_work_Summary_2014.pdf
•
A Policy Brief on ‘Zero-hours contract’ produced by the Institute of
Employment Rights and authored by Keith Ewing, 2013, available at
http://www.ier.org.uk/resources/zero-hours-contracts-some-policy-proposals
Aside from that you are encouraged to concentrate on developing an awareness of
contemporary debates about employment and equality issues. A good idea would be to
start a portfolio of news articles, stories and essays that touch on employment and law.
This will enable you to build up an image of the role played in our political, economic
and social life by the questions at the heart of employment and equality. See, for
example:
http://www.ft.com/home/uk/
http://www.guardian.co.uk/
http://www.spectator.co.uk/
http://www.newstatesman.com/
Course text-book
The course is not organized around a single text-book. So you should not treat any one
book as a ‘one stop’ guide to the course. Rather, we will ask you to read from textbooks
where we think this will help you. You will be provided with a detailed handout
containing full case references and recommended reading. You will also be guided to
Page | 7
the order in which to read; so the textbook may well be the last thing you should look
at. Nonetheless, it would be helpful for you to buy one of the following general books:
 Collins, Ewing, and McColgan, Labour Law (Cambridge, Sept 2012)
 Deakin & Morris, Labour Law (Hart, 6th edition, August 2012).
Throughout the course, we will also be making reference to B. Hepple, Equality: The
New Legal Framework (Hart Publishing, 2011)
Dr Nicola Countouris
July 2015
LAWS3012: ENVIRONMENTAL LAW
Some suggested reading to prepare for the course:
The main text for Environmental Law is Jane Holder and Maria Lee, Environmental
Protection, Law and Policy (Cambridge University Press, 2007). You should try to read
the Preface to the book, and the Preface to Part 1 before the start of term.
Please also read ‘Recovering the Real Meaning of Sustainability’ by Vandana Shiva, in D.
Cooper and J. Palmer (ed) The Environment in Question (Routledge, 1992) (a very
interesting and short and snappy chapter on sustainability and modern economic
systems). Available electronically via: http://ls-tlss.ucl.ac.uk/coursematerials/LAWS3012_61982.pdf
One of the first seminars will be on Environmental Justice. To prepare for this, please
read the excellent Wikipedia entry for Love Canal - one of the first environmental justice
cases to stir political and legal thinking in the US in the 1970s. Note: this will be the first
and last time that I recommend Wikipedia! The entry includes photos from the
contaminated Love Canal site and links to various reports. In particular read United
Church of Christ Commission for Racial Justice, Toxic Wastes and Race in the US (1987)
http://d3n8a8pro7vhmx.cloudfront.net/unitedchurchofchrist/legacy_url/13567/toxwra
ce87.pdf?1418439935 which carries a very strong message which was highly
controversial when first published. Consider the extent to which environmental
injustices experienced today may be considered to have a race discrimination element
in Europe – or can environmental injustices be explained in socio-economic terms in this
context? You may be interested to read the updated version (2007) of the Toxic Wastes
report http://www.ejnet.org/ej/twart.pdf. This includes a brilliant summary of the
Environmental Justice Movement (see Executive Summary and Ch. 1).
To introduce you to some ecological thinking, take a look at:
http://assets.wwf.org.uk/downloads/declaration_on_planetary_boundariesv1.pdf
which explains the concept of planetary boundaries. The scientific basis of the
Page | 8
planetary boundaries concept is set out by J. Rockström et al, ‘Planetary Boundaries:
Exploring the Safe Operating Place for Humanity (2009) 14 Ecology and Society, 32.
Finally, if you would like a very good book to read on holiday, I recommend George
Monbiot, Feral: Rewilding the Land, Sea and Human Life (Penguin, 2014), a
radical manifesto for a very different relationship with nature.
I'm very much looking forward to working with you on this course. Please contact me if
you have any queries about this set of reading or the course as a whole.
Prof Jane Holder
jane.holder@ucl.ac.uk.
August 2015
LAWS3010: FAMILY LAW
There are many family law textbooks and we do not prescribe one in particular for the
course. For introductory reading over the summer, students may enjoy Rob George,
Ideas and Debates in Family Law (Hart 2012) which, as the title suggests, introduces
readers to themes and challenges currently facing the family justice system. It does not
assume an in depth knowledge of the law. Students could also have a look at Herring,
Probert and Gilmore, Great Debates in Family Law (Palgrave Macmillan 2012) and for
those who like that sort of thing, Gilmore, Herring and Probert’s Landmark Cases in
Family Law (Hart 2011) offers a fascinating legal and social history of the cases that got
us to where we are now.
Otherwise, students may look at Herring, Family Law 7th ed. (Pearson 2015), Diduck and
Kaganas Family Law, Gender and the State 3rd ed. (Hart 2012) or Harris-Short, Miles and
George, Family Law, Text, Cases and Materials (2015), all of which we will make
reference to in the course. In any event, it would be helpful to look at Chapter one in
any of these over the summer.
Prof Alison Diduck
July 2015
LAWS3016: HEALTH CARE LAW
Health Care Law is frequently in the news and you should keep an eye out for issues
that arise over the summer. One of the early classes will aim to take stock of where the
current activity in the area seems to be most significant, based on items identified by
students. The highest profile area of current activity is in relation to assisted dying,
which we shall debate in some detail. You might like to prepare for that by reading the
decision of the Supreme Court in Nicklinson http://supremecourt.uk/decided-
Page | 9
cases/docs/UKSC_2013_0235_Judgment.pdf and Assisted Dying Bill 2014-15, including
the second reading debate from 18 July 2014 (both accessible from
http://services.parliament.uk/bills/2014-15/assisteddying.html ). It is also possible to
watch the recording of the second reading debate – pretty much a full day’s work http://www.bbc.co.uk/democracylive/house-of-lords-28371950
There is a wide range of texts available on the subject. Those who like a text and
materials approach are recommended E. Jackson, 'Medical Law: Text, Cases and
Materials' (Oxford University Press 3rd ed 2013). A new book, Medical Law and Medical
Ethics (Cambridge University Press 2014) by Nils Hoppe and José Miola should be very
interesting, but I have not yet seen a copy. For a more traditional textbook treatment,
you are recommended 'Mason and McCall Smith's Law and Medical Ethics' (Oxford
University Press, 9th ed, 2013) by Kenyon Mason & Graham Laurie.
This is a subject that can be approached in many different ways and one of the
objectives of the course is to allow you to decide which you find most satisfactory. You
could begin thinking about that by reflecting on T. Hersey & J. McHale, 'Law, Health and
the European Union' (2005) 25 Legal Studies 228-259, which considers how the scope of
the subject should be defined. For a comparison of the approaches taken by a number
of key scholars, see J. Montgomery, 'The compleat lawyer - medical law as practical
reasoning: doctrine, empiricism and engagement' (2012) 20 Medical Law Review 8-28.
You may also find that J. Montgomery, 'Law and the Demoralisation of Medicine' (2006)
26 Legal Studies 1-26 sheds light on the thinking behind the course.
Prof Jonathan Montgomery
July 2015
LAWS3004: HISTORY OF ENGLISH LAW
This course is an introductory one. No previous knowledge of English legal history is
expected and relatively little knowledge of broader English history is required (relevant
historical information is usually found in the reading). The standard textbooks used for
the course are:


J.H. Baker, An Introduction to English Legal History (4th ed., 2002, Butterworths);
S.F.C. Milsom, The Historical Foundations of the Common Law (2nd ed., 1981,
Butterworths).
Baker’s book is usually the starting point for reading lists.
Introductory reading for the course is the first few chapters of Baker, or R.C. van
Caengem, The Birth of the English Common Law (2nd ed., 1988, Cambridge University
Press). Both of these will be used in the early seminars of the year.
Dr Ian Williams
July 2015
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LAWS3029: HUMAN RIGHTS IN THE UK
Please read the following, and come prepared to discuss in the first class:
Lord Hoffmann, ‘The Universality of Human Rights’ (2009) 125 Law Quarterly
Review 416; also available
at http://www.brandeis.edu/ethics/pdfs/internationaljustice/biij/BIIJ2013/hoffmann.pd
f
C. O'Cinneide, Human Rights and the UK Constitution (London: British Academy, 2013),
available at http://www.britac.ac.uk/policy/Human-rights.cfm
Read (or at least glance through) C. Gearty, Can Human Rights Survive? (Cambridge:
CUP, 2005), available in draft form
at http://socialsciences.exeter.ac.uk/media/universityofexeter/schoolofhumanitiesands
ocialsciences/law/pdfs/2005Hamlynlecture.pdf - warning if you are printing this off, this
document is 193 pages long!
Colm O’Cinneide
July 2015
LAWS3005: INTELLECTUAL PROPERTY LAW
Intellectual property is a subject that is technically quite complex in a legal sense, as we
will see during the course of the year. However, it also is associated with subject-matter
of great public interest – just think about the controversies surrounding access to lifesaving medicine for developing countries, the recent (and ongoing) actions against
individuals who have downloaded music (and other things) over the internet and the
glamorisation of brands and their logos.
We have recommended some reading below that should introduce you to the subject of
IP and also to some of the wider debates surrounding it. It should therefore give you
some perspective from which to criticise the law that we will be studying throughout
the year. You might want to dip into the books, rather than reading them cover-to-cover,
since often the chapters are standalone. There are a few copies of all of the below
books in the UCL Main Library.
The books are mostly meant for a general audience, and tend to be quite engaging. You
should, however, note that the anti-IP lobby sometimes isn’t entirely objective…
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Recommended reading:
For a succinct overview of IP and an introduction to some of its complexities, see:
 Jacob, Alexander & Fisher, Guidebook to Intellectual Property (6th Ed. 2013, Hart)
You might also want to start reading the recommended course textbook:
 Bently & Sherman, Intellectual Property Law (OUP). 4th edition from 2014
The following are also entertaining reads that deal with certain aspects of the laws
covered by the module:
 Lawrence Lessig, The Future of Ideas (Random House, 2001) – the leading work
on why the internet, which is inherently ‘free’ and IP, which is based on a
proprietary model, don’t mix.
 Naomi Klein, No Logo (Flamingo, 2001) – Ms Klein describes in detail why
branding (which relies on trade mark protection) is, in her eyes, pretty evil.
 Boldrin & Levine, Against Intellectual Monopoly, (CUP, 2010) – in which the
authors argue that IP hinders rather than helps the competitive free market
regime that has delivered wealth and innovation to our doorsteps.
 David Bollier, Brand Name Bullies (Wiley, New York, 2005) – describes trade
mark and brand owners behaving badly, and how this has impacted on creativity.
‘You may want to skim the Hargreaves Report – the latest report on intellectual
property in the UK commissioned by the government
https://www.gov.uk/government/publications/digital-opportunity-review-ofintellectual-property-and-growth ‘
You could also visit the website of the UK’s Intellectual Property Office for an overview
of the forms of IP:
http://www.ipo.gov.uk/types.htm
Dr Ilanah Simon-Fhima
July 2015
LAWS3013: LAW AND ETHICS
Recommended Reading:
S. Blackburn, Being Good: a short introduction to ethics, Oxford University Press, 2001
C. Sunstein, Why Nudge? The politics of libertarian paternalism, Yale University Press,
2014
G. Postema, “Moral responsibility in professional ethics”, in Profits and Professions:
contemporary issues in Biomedicine, ethics and society, 1983, pp. 37-63
Page | 12
J. Prinz, "Morality is a Culturally Conditioned Response" | Issue 82 | Philosophy Now
Those who want to read further can have a look at:
H. Lafollette, Ethics in Practice: an anthology, Wiley Blackwell, 2014 (chapters 1, 2, 29,
30)
Dr Sylvie Delacroix
July 2015
LAWS3006: LAW OF EVIDENCE
You will be advised to purchase the following textbook for studying the law of evidence
course next year.
I H Dennis, The Law of Evidence (Sweet & Maxwell, 5th ed. 2013)
Please read the first two Chapters, and think about the following questions:
Why do we have a law of evidence? What is it trying to do?
What is the right to a fair trial? What rights, if any, should victims and witnesses have in
the criminal process?
Is there such a thing as a ‘true fact’?
What does it mean to say that evidence is “relevant”, i.e that if we accept x to be true,
we might then more readily infer that y is also true? Is it a logical matter, or one of
experience or even imagination?
What possible reasons could there be for a court to exclude evidence which it accepts is
“relevant”?
The course is constructed around my book, but I strongly encourage you to look at
works by other writers as well as the usual primary sources of statutes and cases. The
library is well stocked with materials on the law of evidence. For example, it contains
two classic books by Devlin, Trial by Jury, and Glanville Williams, The Proof of Guilt.
These were written many years ago and are out of date on some of the detail. But they
are very readable, and thought provoking about some of the ongoing fundamental
problems which arise in controlling a criminal trial in order to be fair to the defendant,
whilst knowing at the same time that (in serious cases) a jury will decide the case and
may do so without giving any reasons for its decisions.
Prof Ian Dennis
July 2015
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LAWS3008: LAW OF TAXATION
Davies Principles of Tax Law 6th ed. 2008
This book is a great little introduction to tax law. Part 1 especially will be very useful to
have read before the start of the course.
Kay and King, The British Tax System, OUP This is a book to stimulate your thoughts
about tax. I suggest that it should be used to dip into. The first three chapters will be
especially useful.
Please do not buy any of these books at this stage. We will discuss books you need to
purchase (legislation), textbooks and books to which you can refer in the first seminar. I
should have discount vouchers for you by that stage.
I will post the handout for the first seminar on Moodle and you should complete the
reading indicated on that in advance of our first seminar.
Monica Bhandari
LAWS3045: LAWYERS: PRACTICE AND ETHICS
This course concentrates on two particular streams of work: one is understanding the
how the legal services market and legal professions work. The other is understanding
key ethical debates about the legal professions. To whet your appetite for these, I
recommend two excellent books : they are well argued, highly readable, enjoyable and
challenging to current orthodoxies.
 (2013) Tomorrow's Lawyers: An Introduction to Your Future (OUP) looks at how
technology may change legal services markets and impact on lawyers.
 William H. Simon ‘The Practice of Justice: A Theory of Lawyers’s Ethics’
Introduces and challenges conventional approaches to legal ethics and ethical
problems.
It would also be useful for you to start gaining some understanding of what is going on
currently in the professions and legal service markets. There are various ways of doing
this (professional magazines like the Gazette, the Lawyer, Legal Week, the Solicitors’
Journal and Legal Business are all good ways of doing this). My personal favourite is
Neil Rose’s Legalfutures blog, which is superb:
http://www.legalfutures.co.uk/
I also blog from time to time at:
http://lawyerwatch.wordpress.com/
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And finally, for those of you who enjoy social media, twitter is a good place to keep up
with, even debate, developments. You can see what I am up to by following
@richardmoorhead.
For me, your summer reading is really about you developing some interest and
enjoyment in the area. For those of you more driven than that the kinds of questions
we’ll be discussing in the course are:
1. What are professions for? What public policy objectives to they serve?
2. How are the legal services markets changing? Is that a good thing or a bad
thing?
3. What kinds of ethical challenges are faced in practice? What influences how
these challenges are dealt with?
4. How do lawyers seem to respond? How should they respond?
Prof Richard Moorhead
July 2015
LAWS3014: PUBLIC INTERNATIONAL LAW
Background reading for Public International Law is as close as the international section
of any reputable newspaper. Just as handy in any reliable general modern history. A
familiarity with world affairs present and past will stand you in good stead for the
course.
For more course-specific preparation, Vaughan Lowe, International Law (2007). 1-33,
125-6, 134-5 and 290 is hard to beat. Indeed, you could make far worse use of your
precious holiday time than to read the whole of this little gem.
Those seeking ways to look like they are working during their vacation placement or
mini-pupillage may wish to delve additionally into the following:

Hedley Bull, The Anarchical Society: A study of order in world politics (2nd edn,
1995), 122-55
 Louis Henkin, How Nations Behave: Law & Foreign Policy (2nd edn, 1979), 9-27
and 39-98
 Rosalyn Higgins, Problems and Process: International Law and How We Use It
(1994), 1-16
Remember to leave your jacket over the back of the chair and a cup of hot tea on the
desk when you leave.
Students will need to purchase two books for the course. (There is no call to go
anywhere near either over the summer.) Contrary to what was mistakenly indicated in
the course section email in April, the recommend textbook is:
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Malcolm Evans (ed), International Law (4th edn) (Oxford: Oxford University Press,
2014).
Students are required in addition to have:
 Malcolm Evans (ed), Blackstone’s International Law Documents (12th edition)
(Oxford: Oxford University Press, 2015), current estimate publication August
2015.
A 20% UCL student discount is available. Copies of the textbook should also be available
second hand.
•
Prof Roger O’Keefe
July 2015
LAWS3036: ROMAN LAW
For the course itself you will need a copy of the following texts:
P du Plessis, Borkowski’s Textbook on Roman law (5th edn Oxford UP, 2015). It is
essential that you buy this edition (not earlier ones). We recommend that you read
Chapter 1 to get a sense of the Roman historical background.
Gaius, Institutes. The best translation is by F de Zulueta, The Institutes of Gaius part 1
only. (Part 2 is a volume of commentary, which you do not need to buy.)
Justinian, Institutes. The best translation is by P Birks and G McLeod.
NB both the texts of Gaius and Justinian are available (in translation) online:
http://thelatinlibrary.com/law/gaius.html
http://www.gutenberg.org/files/5983/5983-h/5983-h.htm
Unfortunately these are not the best versions, but they can be helpful.
If you would like to know more about who has studied Roman law, and why, in
twentieth century Britain, we recommend:
*Peter Birks, “Roman Law in Twentieth Century Britain” in J Beatson and R Zimmermann
(ed), Jurists Uprooted (OUP, 2004) 249. (Professor Birks discusses the Roman law course
established at UCL by Tony Thomas – which is the course that you are going to be
following.)
Prof Paul Mitchell
July 2015
LAWS3044: UNJUST ENRICHMENT
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The set text is Andrew Burrows, The Law of Restitution 3rd edn (OUP, 2010). The
opening chapters are a good introduction to the course, but note that the course is
concerned only with unjust enrichment and is not concerned with restitution for
wrongdoing (a topic that Burrows also discusses). To get an overview of the topic you
may also find it helpful to look at Andrew Burrows, A Restatement of the English Law of
Unjust Enrichment (OUP, 2012); this is available in paperback, but you do not need to
buy it.
Prof Charles Mitchell
July 2015
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