UNIVERSITY OF KENT
Confirmation that this version of the module specification has been approved by the School Learning and
Teaching Committee: 2 June 2014
MODULE SPECIFICATION
1.
Title of the module
A Critical Introduction to Law (Certificate Programme) LW323
2.
School or partner institution which will be responsible for management of the module
Kent Law School
3.
Start date of the module
September 2012, revised start date 2015-16
4.
The number of students expected to take the module
30
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Modules to be withdrawn on the introduction of this proposed module and consultation with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
Certificate [C]
7.
The number of credits and the ECTS value which the module represents
30 credits (15 ECTS)
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
Certificate in Law
11. The intended subject specific learning outcomes
Students who complete the module successfully will have the ability to:
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11.1 Demonstrate an understanding of the basic concepts and principles at issue in contemporary
critical and analytical legal theory.
11.2 Demonstrate a capacity to apply basic critical legal concepts to contemporary contexts and
debates.
11.3 Demonstrate a sociological, historical and political perspective towards claims about law’s
objectivity and neutrality.
11.4 Understand law as an instrument of politics and ideology.
11.5 Undertake basic independent critical and analytical legal research.
11.6 Present, orally and in writing, basic critical argument.
11.7 Demonstrate the analytic skills required to criticise legal and other writing.
12. The intended generic learning outcomes
Students who complete the module successfully will have the ability to:
12.1 Research a legal issue to find relevant principles and concepts, and to investigate those
principles and concepts critically and analytically
12.2 Identify flaws and weaknesses in argument
12.3 Distinguish and rank sources of knowledge and evidence
12.4 Use library and web resources, including journal articles, to research an issue
12.5 Present a sustained critical analysis of a legal issue in writing
12.6 Work independently in pursuit of a research and composition assignment
12.7 Consider critically and reflectively their own learning.
13. A synopsis of the curriculum
The module will introduce students to critical legal techniques grounded in critical legal and social
theory, feminist and queer theory, postcolonial theory and law and the humanities. Throughout the
course, concepts are introduced through socio-legal and critical investigation of selected case studies
- such as new pieces of legislation, emerging political campaigns and prominent litigation - ensuring
that the course maintains a focus on ‘law in action’. Particular attention will be paid to developments
in foreign jurisdictions and in the international arena. Accordingly, case studies will alter from year to
year, and draw heavily on research projects on-going in the Law School. The course has a heavy
focus on primary legal materials and core critical texts, but will also draw on film, museum artefacts,
art and literature as appropriate.
Lectures are arranged in six blocks, as follows:
Autumn Term:
1. Critical Lawyering
2. Judges and Justice
3. The Individual and the State
Spring Term:
4. Equalities and Exclusion
5. Markets, Property and Power
6. Changing the Law.
• ‘Critical Lawyering’ introduces the core theoretical traditions and concepts – including theories of
justice - which will ground the remainder of the module. Topics are rooted in a discussion of
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students’ own expectations of and attitudes around (i) legal education and
engagement with law-making, as lawyers or as citizens.
(ii) their future
• ‘Judging and Justice’ supports critical discussion of judicial decision-making, litigation and dispute
resolution. Topics for discussion might include judicial diversity, judicial activism, judgment in unjust
legal orders and alternative dispute resolution.
• ‘The Individual and the State’ extends outwards from a focus on the courts, to consider the
application of critical legal theory to other sites of law-making, government and regulation. Topics
for discussion might include ‘sovereignty’, ‘territory’, ‘citizenship’ and ‘theories of power’.
• Equalities and Exclusion asks students to consider the experiences of marginalised subjects within
legal and political orders. Students will be introduced to theories of equality and rights, and to core
concepts in feminist legal theory, critical race theory and queer theory.
• Markets, Property and Power considers legal concepts of ownership and exchange from the
perspective of political economy. Students will be introduced to theories of law and the market,
globalisation and economic development, and international trade.
• Changing the Law The preceding four topics introduced students to theories of the relationship
between law, political and economic power and domination. This topic allows students to reflect on
means by which law might be made more ‘just’. It moves beyond traditional mechanisms of legal
change such as litigation and statutory reform to consider the roles played by social movements,
protest and civil disobedience, and local resistance in altering legal precepts.
14. Indicative Reading List
W. Brown and J. Halley, Left Legalism/Left Critique (Duke University Press, 2002)
M. Davies, Asking the Law Question (LBC, 2002)
A. Gearey, W. Morrison and R. Jago, The Politics of the Common Law (Routledge, 2009)
I Grigg-Spall and P Ireland, The Critical Lawyer's Handbook (Pluto; 1992)
W Mansell, B Meteyard and A Thomson, A Critical Introduction to Law, 3rd edition (Cavendish;
2004)
Penner and Melissaris, McCoubray and White’s Textbook on Jurisprudence (Oxford, 2012)
M. Stone et al (eds) New Critical Legal Thinking (Routledge, 2012)
Veitch et al, Jurisprudence: Themes and Concepts (Routledge, 2012)
I Ward, Introduction to Critical Legal Theory, 2nd edition (Cavendish, 2004)
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
Two lectures each week throughout the Autumn Term and up to Week 20 (Lectures end in Week 20
to facilitate the process of planning the long essay) of the Spring Term providing 34 hours of
lectures. The lectures are of particular importance in light of the Certificate level of the module and
the distance-learning status of many of the students pursuing it. Some lectures will take the form of
panel discussions and debates, allowing students to engage with staff members who are not part of
the core module teaching team. (11.1, 11.2, 11.3, 11.4 and 12.2)
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• Weekly seminar-workshops of two hour’s duration providing 20 hours of seminars and 20 hours
of workshops (40 hours). Seminars will provide students with the opportunity to engage actively in
the development of critical, analytic and reasoning skills in debate, analysis and argument in the
small-group classes. (11.1-11.4 and 11.6, and 12.1 – 12.4)
Seminars in Weeks 19-21 will allow students to discuss their progress and ideas in group with others
working on the same essay, to consider relevant readings, and to receive ongoing oral feedback from
seminar leaders. (11.6, 11.7, 12.2 and 12.5 – 12.7)
Seminar-workshops divide into 2 (not necessarily equal) parts: a) the first part of the seminar
involves small-group discussions (as above) and b) a legal skills task. This task-based element
involves exercises designed to improve students’ legal reading, writing and verbal skills. Examples
include: comprehension exercises, short pieces of essay-writing, note-taking, précis, legal vocabulary
and critical analysis.
• The remaining 226 hours are dedicated to private study comprising reading, research, writing and
seminar and assessment preparation. (11.5, 11.6, 11.7, 12.1 – 12.4, 12.6 and 12.7)
16. Assessment methods and how these relate to testing achievement of the intended module
learning outcomes
The module is assessed by 100% coursework.
There are two summative assessments, a case commentary of 2000 words carrying 40% of the marks
for the module, and a longer essay of 3000 words, carrying 60% of the marks for the module. (11.1 –
11.7 and 12.1 – 12.7)
In addition there is a formative assessment in the form of a first draft of the case commentary. An
essay plan submitted in advance of the longer essay provides a further opportunity for formative
feedback.
The case commentary is a short essay critically assessing a judgment on a doctrinal topic to be
selected by the module convenor. It is to be submitted at the start of Term 2, and will be an exercise
in applied critique. It will allow students to consider how theoretical concepts introduced in the
classes on ‘Judges and Judging’ can be used to analyse judicial decisions. Students will submit a draft
of their commentary for formative assessment and feedback by their seminar leader near the end of
Term 1. Students will have the opportunity to take into account the formative feedback on their
arguments, content, structure and merits of their critique before the summative assessment is
submitted.
The longer essay will ask students to analyse and make critical proposals for addressing a
contemporary problem in critical legal practice. Their essays must draw on one or more of the
theories covered in the course lectures. Students will be able to choose a topic from a selection
provided by the module convenor. These will draw on case studies underpinning the lectures, and
will be chosen because they allow consideration of two or more of the discrete topics covered in
lectures. Students will be required to submit a plan for formative feedback before submitting their
essay.
Term 1
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•
Draft of case commentary -2000 words [formative only]
•
Case commentary - 2000 words - 40%
Term 2
•
Essay plan [formative only]
•
Essay – 3000 words - 60%
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: Medway
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