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
The Philosophy of Law (LW540)
2.
School or partner institution which will be responsible for management of the module
Kent Law School
3.
Start date of the module
September 2008, revised 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Modules to be withdrawn on the introduction of this proposed module and consultation with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
Honours [H]
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 terms
9.
Prerequisite and co-requisite modules
None
10. The programmes of study to which the module contributes
All single and joint honours Law programmes
11. The intended subject specific learning outcomes
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Students who successfully complete this module will:
11.1 Have a clear, in-depth understanding of the principal schools of thought about the nature
of law.
11.2 Have precise knowledge of the major theoretical debates in philosophy of law.
11.3 Have a clear understanding of the major concepts and principles at issue in the philosophy
of law, including those derived from general philosophy.
11.4 Be able to prepare detailed accounts of the relevance of topics in general philosophy
(including ethics, metaphysics and epistemology) to law.
11.5 Be able to evaluate law critically as an example of practical as well as speculative reason.
11.6 Have the ability to engage in reasoned and sophisticated discussion on the major areas of
theory and its practical application.
11.7 Be able to articulate the aims of philosophy of law and its objectives in relation to law and
legal reasoning.
11.8 Be able to articulate and review the position of philosophy of law in relation to other
theoretical perspectives about the nature of law, such as sociology of law.
12. The intended generic learning outcomes
Students who successfully complete this module will:
12.1 Be able to demonstrate advanced skills in reasoning and critical thinking.
12.2 Be able to understand and deploy the critical research, argumentation and presentation
skills necessary for academic writing.
12.3 Be able to articulate in-depth, critical and philosophically astute arguments in writing
12.4 Be able to undertake in-depth legal and philosophical research.
13. A synopsis of the curriculum
The Philosophy of Law module is designed for those who think they might be interested in
philosophical reflection and enquiry into law. The module assumes no prior knowledge of either
philosophy or law. The module uses the tools of analytic philosophy in order to promote
understanding and criticism of current and historical understandings of law and legal practice, and to
promote students’ own critical, reflective understandings concerning these topics. Module learning
divides into two parts. The first part occupies Autumn Term learning and teaching, and comprises an
introduction to philosophy of law and to the major school of thought in jurisprudence that have
dominated reflection on the nature of law. A significant theme of this programme of study is to
develop understanding of the relation of ideas in philosophy of law to a wider scholarship that
includes historical and sociological understandings of legal practices. The second part occupies
Spring Term learning and teaching, and is taken up with the close critical reading of a single
monograph in the philosophy of law. The aim of this part of the module is to build upon and
supplement Autumn Term learning through the focussed and detailed examination of a single,
sustained argument offered within the subject field, thereby deepening earlier understandings and
also enabling students to develop and refine their skills of philosophical reading and critique.
14. Indicative Reading List
Recommended reading:


Bix, Brian, Jurisprudence: Theory and Context, 6th edition (Sweet and Maxwell, 2012)
Raymond Wacks, Understanding Jurisprudence: An Introduction to Legal Theory, Third
Edition (OUP 2012);

Ian McLeod, Legal Theory, 6th edition (Palgrave Macmillan; London, 2012).
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Regardless of which book is chosen in any particular year as the core text, other books (including
those listed above) will be referred to frequently on the module. The following titles are indicative of
this further reading:

Michael Freeman, Lloyd's Introduction to Jurisprudence, 9th Edition (Sweet and Maxwell
2014)
HLA Hart, The Concept of Law, 3rd edition (OUP 2012)

Raymond Wacks, Philosophy of Law: A Very Short Introduction, 2nd edition (OUP 2014)

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
Study hours will be 300 in total. There will be one lecture of one hour per week (excluding two
reading weeks and two writing weeks).
There are 20 lectures in LW540 (i.e. 20 module study hours). Students are expected to spend 40
independent study hours in preparation for, and in reflection on, these lectures given on the module.
For each lecture this will usually require 1 hour of preparation and one hour of reflection (including
critical reflection and assessment of understanding and in further reading).
The function of the lectures is to provide students with the basic framework of philosophical and
legal principle and application which govern the topic under discussion. Lectures form the basis upon
which students prepare for seminar discussion and assignments. In this way lectures meet the subject
specific learning outcomes numbered 11.1, 11.2, 11.3, 11.7, 11.8.
Seminars are structured through a Seminar Workbook, given out at the beginning of the module.
There will be a one hour seminar class every two weeks (excluding two reading weeks and two
writing weeks).
There are 10 seminar classes in LW540 (i.e. 10 study hours). In addition, students are expected to
spend 110 independent study hours in preparation for and in reflection on these seminar classes.
For each seminar class this will usually require approximately 8 hours in preparation and 3 hours in
reflection (including critical reflection and assessment of understanding and in further reading).
Seminars are designed to enable students to engage in independent research for preparation of the
designated seminar debate, thus equipping them with the skills required to conduct legal and
philosophical research and critically evaluate theory and its application. The seminar discussions
allow students the opportunity to debate the major issues in the field. Working either in small groups
or individually, students will be required to make presentations in seminar classes on designated
topics. Seminar classes and the independent study in preparation for them thus promotes subject
specific learning outcomes 11.4, 11.5, 11.6, 11.7; and generic learning outcomes numbered 12.1, 12.2,
12.3, 12.4.
Students will be expected to spend approximately 30 independent study hours in choosing,
researching, preparing and composing the essays for submission.
Students will be expected to spend 90 independent study hours in preparation for the examination,
including critical reflection on module learning and its relation to module learning outcomes, in
revision of topics treated in lectures and seminar classes, and in further reading.
Students who are permitted to be assessed by dissertation submission will be expected to spend 120
independent study hours in choosing a topic and research question and in researching, preparing
and composing the dissertation for submission.
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The independent study hours indicated above promote subject specific learning outcome 11.6 and
generic learning outcomes 12.1, 12.3, 12.4.
16. Assessment methods and how these relate to testing achievement of the intended module
learning outcomes
There are two methods of assessment for LW540:


80% examination and 20% coursework (2 essays of 1,500 - 2,000 words); OR,
100% dissertation of 10,000 - 12,000 words.
Unless permission has been granted for assessment though dissertation, students will be expected to
be assessed by coursework and examination. Permission will only be granted for assessment through
dissertation if a student meets the Law School requirements for this method of assessment, and has
satisfied the module convenor that the proposed dissertation is a viable project.
The Module Convenor will set a short list of essay topics from which students pursuing this
assessment pattern must choose one on which to answer for each essay. Module titles and criteria
for assessment of both essays are published on the module Moodle page by the end of reading
week of the Autumn Term for essay 1, and at the start of the Spring Term for essay 2. Essay research
and composition promotes and assesses subject specific learning outcomes 11.1 to 11.8 and generic
learning outcomes 12.1 to 12.4.
There is a 3-hour summer term written examination.
Questions on the examination paper will
divide evenly between material covered in Autumn Term learning and in Spring Term learning. The
written examination assesses the module’s specific learning outcomes numbered 11.1 to 11.8, and
assesses generic learning outcomes numbered 12.1 to 12.4.
Dissertations are to be submitted in the summer term on a date provided in the Module Outline
published in the module’s Moodle page. Dissertations afford students the opportunity to develop
their research and critical analysis skills in a subject of their choice agreed with their dissertation
supervisor in an extended piece of writing in which sustained, coherent argument is expected
Students are expected to position their research topic within a wider context of both legal
scholarship and philosophy. Demonstration will be expected that the student understands the
relation of their topic and research methodology to wider theoretical enquiries in law. Dissertation
assessment assesses and promotes the module’s specific learning outcomes 11.1 to 11.8, and
promotes and assesses the student’s abilities regarding generic learning outcomes numbered 12.1 to
12.4.
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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