UNIVERSITY OF KENT
Confirmation that this version of the module specification has been approved by the School Learning and Teaching Committee: 02
March 2015
MODULE SPECIFICATION
1.
Title of the module
Morality and Law (LW604)
2.
School or partner institution which will be responsible for management of the module
Kent Law School
3.
Start date of the module
September 2011, revised start date 2014-15
4.
The number of students expected to take the module
25
5.
Modules to be withdrawn on the introduction of this proposed module and consultation with other relevant Schools and Faculties regarding the withdrawal
None
6.
The level of the module
Honours [H]
7.
The number of credits and the ECTS value which the module represents
15 credits (7.5 ECTS)
8.
Which term(s) the module is to be taught in (or other teaching pattern)
Autumn or spring
9.
Prerequisite and co-requisite modules
Prerequisites – LW313 Critical Introduction to Law, LW588 Public Law 1
10.
The programmes of study to which the module contributes
All single and joint honors Law programmes
11.
The intended subject specific learning outcomes
This module builds on critical and theoretical approaches to law summarily addressed in LW313
Critical Introduction to Law and LW588 Public Law 1.
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Students who complete this module successfully will have the ability to:
11.1
Understand the historical development of a key moral and political concept and its complex relationship to law and theories of law.
11.2
Demonstrate knowledge of the ways that the notion of morality has been analysed within moral philosophy and how various moral theories have affected the development of law.
11.3
Analyse and understand the historical and political development of the notion of a right.
11.4
Analyse, evaluate and engage with the arguments that are used to justify, defend and attack the notion of individual rights.
11.5
Critically evaluate and analyse the ways in which rights have been understood and incorporated into law.
11.6
Demonstrate an understanding of the ways in which theories of rights intersect law, moral philosophy and political theory.
12.
The intended generic learning outcomes
Students who successfully complete the module will be able to demonstrate the following abilities:
12.1
To carry out conceptual analysis of the complex notion of ‘individual rights’ and appreciate its significance for law, political theory and moral philosophy.
12.2
To read, analyse and evaluate complex material across several disciplines (law, theory of law, moral philosophy, history of philosophy).
12.3
To demonstrate oral argumentation skills.
12.4
To undertake a written piece of work, using a variety of legal and non-legal sources, to demonstrate understanding, analysis and argumentation.
12.5
To collaborate with a fellow student to present a rehearsed discussion, employing opposing arguments in order to debate a complex issue of relevance to law and contemporary political life.
12.6
To discuss complex ideas and arguments with fellow students and to interrogate fellow students.
13.
A synopsis of the curriculum
Block 1. Critical introduction to major theories of morality: virtue theory (incl. feminist ethics of care), deontological theory (incl. natural law theory and Kantian theory) and consequentialism
(utilitarianism).
Block 2. A historical/contextual examination of the development of a particular moral concept; that of individual rights
Block 3. Oral presentations by students in pairs
Block 4. An analytical examination and critique of modern theories of rights and their relationship to law
14.
Indicative Reading List
Chapters/excerpts from the following books:
Waldron, J. ed., Theories of Rights (New York: Oxford University Press, 1984)
Simmonds, N. E. Central Issues in Jurisprudence: Justice, Law and Rights, Second edition, (London:
Sweet and Maxwell, 2002)
Kant, I. Groundwork of the Metaphysics of Morals, any edition
Stuart Mill, J. Utilitarianism, any edition
Aristotle, The Nicomachean Ethics, any edition
Noddings, N. The Ethics of Care, any edition
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Locke, J. The Second Treatise on Government, any edition
Curran, E. Reclaiming the Rights of the Hobbesian Subject (Basingstoke: Palgrave, 2007)
Hobbes, T. Leviathan, ed C B Macpherson, (Penguin classics 1968) (or any other edition)
Skinner, Q. Hobbes and Republican Liberty (Cambridge: Cambridge University Press, 2008)
Hohfeld, W. Fundamental Legal Conceptions (New Haven: Yale University Press, 1919)
Hacker and Raz eds. Law, Morality and Society (Oxford: Clarendon Press, 1977)
Macormick, N. Legal Right and Social Democracy (Oxford: Clarendon Press, 1982)
Kramer, Simmonds and Steiner eds. A Debate over Rights (Oxford: Oxford University Press, 1998)
15.
Learning and Teaching Methods, including the nature and number of contact hours and the total study hours which will be expected of students, and how these relate to achievement of the intended module learning outcomes
There will be one two-hour seminar per week (excluding reading and writing weeks). The module is allocated 150 hours of study time, comprising 20 contact hours and 130 hours of private study.
For the first two blocks each seminar will begin with a 45 minute interactive introduction to the material and topics to be covered, led by the convenor but with questions to and from students.
After a short break the next 50 minutes will comprise of student led discussion and argument on prepared questions for that week. The remaining 20 minutes will be used to provide advice and answer questions on the oral presentations. These seminars will fulfil the specific learning outcomes
11.2, 11.4 and 11.6 and generic learning outcomes 12.1, 12.2, 12.3 and 12.6
For the third block the seminar time will be used for oral presentations by pairs of students on topics covered in the first five weeks (incl. taking questions from fellow students). These seminars will fulfil the specific learning outcomes 11.1, 11.2, 11.3, and generic learning outcomes 12.1, 12.2, 12.3 and
12.5
For the final block the seminar will begin with a 45 minute interactive introduction to the material and topics to be covered, led by the course convenor but with questions to and from students. After a short break the next 50 minutes will comprise student led discussion and argument on prepared questions for that week. And the final 20 minutes will provide time for discussion of essay topics and essay writing. These seminars will fulfil the specific learning outcomes 11.2, 11.4, 11.5 and 11.6 and generic learning outcomes 12.1, 12.3, 12.4 and 12.6
Private study hours will be spent in reading, writing, research, seminar preparation and preparation for oral presentations fulfilling all learning outcomes (11.1-6 and 12.1-6). A substantial portion of the private study time will be spent on reading and research.
A module outline and materials pack with many of the core readings and excerpts are given out at the start of term. Seminar topics and questions are posted to the Moodle page..
16.
Assessment methods and how these relate to testing achievement of the intended module learning outcomes
The module will be assessed by 100% coursework:
1. An oral presentation worth 40% of the total mark
2. An essay of 3,500 words worth 60% of the total mark
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Oral presentations: Students will give 15 minute presentations in pairs, taking either side in one of a list of opposing positions on topics covered in the first 5 weeks of the module. The marks will be awarded in the following way: 40% clarity, cogency and fluency, 40% argumentation, 20% persuasiveness. The presentations will fulfil specific learning outcomes 11.2 and 11.4 and generic learning outcomes 12.3, 12.5 and 12.6.
Essay: Students will be given the essay questions in the second half of term. In class discussion of the topics and general essay writing advice will take place in the final block of seminars. The essay will fulfil specific learning outcomes 11.1 – 11.6 and generic learning outcomes 12.1, 12.2, 12.4 and 12.6.
17.
Implications for learning resources, including staff, library, IT and space
None
18.
The School recognises and has embedded the expectations of current disability equality legislation, and supports students with a declared disability or special educational need in its teaching. Within this module we will make reasonable adjustments wherever necessary, including additional or substitute materials, teaching modes or assessment methods for students who have declared and discussed their learning support needs. Arrangements for students with declared disabilities will be made on an individual basis, in consultation with the University’s disability/dyslexia support service, and specialist support will be provided where needed.
19.
Campus where module will be delivered: Canterbury
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