UNIVERSITY OF KENT
Confirmation that this version of the module specification has been approved by the School
Learning and Teaching Committee:
23/02/2015
MODULE SPECIFICATION
1. Title of the module
Law and Political Theory (LW578)
2. School which will be responsible for management of the module
Kent Law School
3. Start date of the module
October 2006 (revised version start date September 2015)
4. The number of students expected to take the module
40
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 Modules to be withdrawn on the introduction of this proposed module and consultation with other relevant Schools and Faculties regarding the withdrawal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 (e.g. Certificate [C], Intermediate [I], Honours [H] or
Postgraduate [M])
Honours [H]
7. The number of credits and the ECTS value which the module represents
30 credits (15 ECTS credits)
8. Which term(s) the module is to be taught in (or other teaching pattern)
Autumn and Spring
9. Prerequisite and co-requisite modules
None
10. The programmes of study to which the module contributes
LLB in Law and available as option to all Social Sciences students
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11. The intended subject specific learning outcomes
Students who complete the module successfully will have:
1. an in-depth understanding of the significance of political theory in attending to contemporary juridical and political problems;
2. an appreciation of juridical and philosophical ideas about sovereignty and how these shape the relationship between law and the subject;
3. detailed knowledge and understanding of the distinctions between the ideas of state, civil society, sovereign/subject and human/animal;
4. detailed knowledge and understanding of the origins of the aforementioned ideas in modernity/post-modernity and their significance for resolving contemporary juridical problems;
5. detailed knowledge and understanding of the history of political and philosophical ideas in relation to the concept of ‘sovereignty’;
6. critical understanding of the relationship between political theory and theories which underpin ‘the law’;
7. detailed understanding of modern theories of power and authority and their relation to societies in transition (post-racist, post-conflict societies)
12. The intended generic learning outcomes
Students who complete the module successfully will have the ability to:
1. analyse complex contemporary juridical problems;
2. read and understand sophisticated and complex theoretical arguments;
3. undertake independent research and draw on different sources to produce an analysis of juridical and political problems;
4. prepare oral and written presentations, make reflective comments in group discussion, and lead and manage group discussion;
5. f ormulate research questions and independently identify contemporary issues that can be examined through political theory
13. A synopsis of the curriculum
This module is designed to provide an understanding of the interrelationship between political theory and law in modernity. Drawing upon political theory it explores ideas of law, power, resistance, community, sovereignty and the subject. The objective is to build a solid understanding of political theory in relation to these key concepts, and then use this understanding to examine contemporary political and juridical questions such as those of democracy and citizenship; multiculturalism, bio-politics, secularism, terrorism, postcolonialism and contemporary formations of Empire. In so doing, the module seeks to equip students with the necessary intellectual tools for deploying insights from political theory and philosophy to the study of law.
14. Indicative Reading List

Agamben, G, Homo Sacer: Sovereign Power and Bare Life , Trans. Daniel Heller-
Roazen (Stanford, CA: Stanford University Press, 1998).

Agamben, G, State of Exception , Trans. Kevin Attell (Chicago, IL/London: University of
Chicago Press, 2005)
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
Bodin, J, On sovereignty: four chapters from 'The Six Books of the Commonwealth'
(Cambridge: Cambridge University Press, 1992).

Derrida, J,
“Declarations of Independence”
, New Political Science 15 (1986), 7-15.

Derrida, J, “Force of Law: The “Mystical Foundation of Authority” , in Acts of Religion .
Trans. Mary Quaintance, Ed. Gil Anidjar (London: Routledge, 2002). pp. 230-298.

Foucault, M, “Governmentality” , p. 87-104, in Graham Burchell et al. (eds) The Foucault
Effect: Studies in Governmentality: with two lectures by and an interview with Michael
Foucault (Chicago, IL: University of Chicago Press, 1991).

Foucault, M, “Society Must Be Defended”, Lectures at the Collège de France, 1975-
1976.

Foucault, M, Power/Knowledge: Selected Interviews and Other Writings 1972-1977 ,
Gordon, C, ed, (Sussex: Harvester Press, 1980).

Foucault, M, The History of Sexuality. Volume 1: An Introduction (New York, NY:
Vintage, 1980), p. 81-102.

Gregory, D, The Colonial Present: Afghanistan, Palestine, Iraq (Oxford: Blackwell
Publishing, 2004).

Habermas, J, The Inclusion of the Other: Studies in Political Theory (Polity Press:
Cambridge, 1999).

Hardt, M and Negri, A, Empire (Cambridge, MA: Harvard University Press, 2000).

Hegel, W.G.F, Philosophy of Right , Trans. T.M Knox (Oxford: OUP, 1952)

Hobbes, T, Leviathan (Cambridge: Cambridge University Press, 1991).

Kant, I, “Perpetual Peace: A Philosophical Sketch”, in Perpetual Peace, and Other
Essays on Politics, History, and Morals (Indianapolis: Hackett, 1983).

Kant, I, Kant’s Political Writings (The Metaphysics and Morals) , Trans. H.B. Nisbet.
(Cambridge: Cambridge University Press, 1970).

Kant, I, The Philosophy of Law: An Exposition of the Fundamental Principles of
Jurisprudence as the Science of Right (1796). Trans. W. Hastie (Edinburgh: Clark,
1887), Part Second: Public Law, p. 159-228.

Lefort, C, Democracy and Political Theory, Trans. David Macey. (Polity Press: Oxford,
1988).

Nancy, J,
“The War of Monotheism”,
Trans. Amanda Macdonald. Vol:6(1) Postcolonial
Studies (2001, 51-53).

Pufendorf, S, On the Duty of Man and Citizen , Ed. James Tully. (Cambridge: Cambridge
University Press, 1991).

Rasch, W, Sovereignty and its Discontents: On the Primacy of Conflict and the Structure of the Political (London: Birkbeck Law Press, 2004)

Schmitt, C, Political Theology: Four Chapters on the Concept of Sovereignty , Trans.
George Schwab (Cambridge, MA: MIT Press, 1985)

Schmitt, C, The Concept of the Political, Trans. George Schwab. (Chicago: University of
Chicago Press, 1996).

Schmitt, C, The Leviathan in the state theory of Thomas Hobbes: Meaning and Failure of a Political Symbol (Westport, CN: Greenwood Press, 1996).
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
The module will be taught over two terms through a combined 2 hour lecture/seminar each week (excluding reading and writing weeks). This gives a total of 40 contact hours and 260 private study hours. The module is allocated 300 hours of study time.
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The 2 hours of weekly contact (combined lecture/seminar) will be used to deliver a structured framework of information and understanding of a variety of primary sources, and secondary literature that will enable the student to analyse case studies later in the module.
A structured list of source material will be provided in advance of the lecture/seminar and students will be required to read this material in advance. One-two students will be asked to make a short oral presentation each week, which will be followed by a structured account of the literature in relation to each topic and then, by an hour-long discussion where students will be given a further opportunity to develop the skills of oral-presentation, discussion, and critical analysis. The combined lectures/seminars will assist students in achieving learning outcomes 11:1-7; 12:1 and 4.
Students will be encouraged to engage in independent, self-directed learning through being given the opportunity to develop their own research interests in relation to particular topics.
Students will be instructed on how to conduct effective research with primary sources and secondary theoretical literature. Emphasis will be placed on developing students’ capacity to identify tensions within the literature and case studies. This will be the strategy for developing the skill of critical analysis. Private study will assist students in achieving learning outcomes 11:1-7; 12:1-5.
16. Assessment methods and how these relate to testing achievement of the intended module learning outcomes
The module will be assessed by 100% coursework consisting of:

an essay of 4500 words (including footnotes) which will count for 40% (addressing learning outcomes: 11:1-7, 12:1-3 and 12:5;

an in-class test (worth 40%) at the end of the second term (addressing learning outcomes: 11:1, 11:6 and 12:1-3);

a 1-to-1 presentation of the essay idea with the module convenor which will count for 10% (addressing learning outcomes: 11:1, 11:6, 12:1, 12:2; 12:4 and 12:5).
The remaining 10% will be assessed based on the quality of individual student participation in seminar discussions. The criteria by which this will be assessed will include: evidence of attendance, preparation for seminars, thoughtful contribution to seminar discussion, and presentations. Participation will address learning outcomes 11:1-7 and 12:1-4.
17. Implications for learning resources, including staff, library, IT and space
Existing staff, IT and space resources are already in place, and reading materials are available online/in the library.
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.
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19. Campus(es) or Centre(s) where module will be delivered: Canterbury
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