Philosophical Perspectives of the Common LawModule Details

Background and Rationale

• The main objectives of this module are to:
• Encourage critical understanding of relevance of legal theory to the understanding of law today.
• Provide opportunities to identify and explore some of the broader theoretical issues that emerge from an examination of the philosophical foundations of different areas of substantive law.
• Demonstrate the philosophical development of legal concepts and principles, the reasons and themes underpinning this development and different ways in which development is effected, through an investigation of selected topics, themes and issues in the philosophy of the common law.

Learning Outcomes
After completion of the module students should be able to:
1. Understand the conceptual and normative underpinnings of central concepts and principles of the common law;
2. Understand the major questions, issues and conflicts that have shaped the philosophical development of the common law;
3. Understand the importance of philosophy and theory in understanding law’s development.
4. Assess critically the fundamental concepts and principles and key theoretical perspectives that emerge in the philosophical approach of the study of law;
5. Evaluate the potential of legal philosophical study for helping to understand, explain and address contemporary legal problems, issues and tensions;
6. Analyse the strengths and weaknesses of different arguments and perspectives and their relative merits for promoting and securing meaningful change within and across different areas of law.