PHIL30260 Philosophy of Law

Academic Year 2023/2024

This module looks at some philosophical issues surrounding what is known as "private law". Private law involves complaints raised by one citizen against another, and irreconcilable disputes have to be formally adjudicated. (In contrast, 'public law' involves complaints raised by citizens against the state). (i) Perhaps the most familiar kind of a private law 'action' is when D accidentally harms V, and V sues D, seeking compensation for her quantifiable loss (this is called a 'tort' action). But what kind of accidents are 'actionable'? What problems might there be in trying to quantify loss? How direct does causation have to be? (ii) Another kind of private law action has to do with D harming V through 'breach of contract'. But did D and V understand the contractual provisions in the same way? What sorts of excuses and justifications can be offered for breaching a contract (or more generally, for breaking a promise)? (iii) Finally, we will also look at the private law surrounding property. What kinds of things can be owned, and what does ownership mean, legally?
In addition to the three main areas of private law, we will also be taking regular examples from medical law, family law, and employment law. We will also make occasional comparisons to criminal law.

Note: this is NOT a law module, and no previous knowledge of the law is required. However, students should be ready to take some interest in how the law actually works, and to discuss real cases and statutes. For a sense of the philosophical issues, students are advised to look at the following Stanford Encyclopedia entry:
https://plato.stanford.edu/entries/tort-theories/

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Curricular information is subject to change

Learning Outcomes:

By the end of the module, students should better understand some of the important concepts associated with private law, as well as some of the distinctive philosophical problems.

Student Effort Hours: 
Student Effort Type Hours
Lectures

22
Tutorial

7
Autonomous Student Learning

96
Total

125
Approaches to Teaching and Learning:
The 11 weeks will discuss 11 topics. Each topic will be represented by one or two texts. Each of the 7 tutorials will focus on that week's topic and text(s). All exam questions will be explicitly about one or two texts, and the exam answer has to make reference to the texts in the question. 
Requirements, Exclusions and Recommendations
Learning Recommendations:

This is a third-year module in philosophy and law. It is STRONGLY recommended that you have already taken either (i) four second-year philosophy modules or (ii) a module in criminal law.


Module Requisites and Incompatibles
Not applicable to this module.
 
Assessment Strategy  
Description Timing Open Book Exam Component Scale Must Pass Component % of Final Grade
Examination: Final exam 2 hour End of Trimester Exam No Graded No

45
Attendance: Attendance and Participation Throughout the Trimester n/a Graded No

10
Examination: Mid-term exam Week 6 No Graded No

45

Carry forward of passed components
No
 
Resit In Terminal Exam
Summer Yes - 2 Hour
Please see Student Jargon Buster for more information about remediation types and timing. 
Feedback Strategy/Strategies

• Feedback individually to students, post-assessment

How will my Feedback be Delivered?

Feedback on essays will be sent to students through Brightspace.

Name Role
Dr Mina Hosseini Lecturer / Co-Lecturer
Timetabling information is displayed only for guidance purposes, relates to the current Academic Year only and is subject to change.
 
Autumn
      
Lecture Offering 1 Week(s) - Autumn: All Weeks Mon 13:00 - 13:50
Lecture Offering 1 Week(s) - 1, 2, 4, 6, 8, 10, 12 Tues 12:00 - 12:50
Lecture Offering 1 Week(s) - 3, 5, 7, 9, 11 Tues 12:00 - 12:50
Tutorial Offering 1 Week(s) - 3, 4, 5, 6, 7, 9, 10, 11 Thurs 13:00 - 13:50
Tutorial Offering 2 Week(s) - 3, 4, 5, 6, 7, 9, 10, 11 Thurs 15:00 - 15:50
Tutorial Offering 3 Week(s) - 3, 4, 5, 6, 7, 9, 10, 11 Thurs 14:00 - 14:50
Autumn