Module Title:Jurisprudence 1
Language of Instruction:English
Credits: 5
NFQ Level:8
Module Delivered In 2 programme(s)
Teaching & Learning Strategies: Lectures, tutorials, seminars, and independent learning
Module Aim: The aim of this module is to provide students an understanding of the philosophical foundations and theories of law; the nature of jurisprudence and its terminology; the major theories of jurisprudential thought, for example natural law, utilitarianism and positivism, examined through the writings of major authors in the field; the nature and role of law within society; concepts of justice and morality and the social contract, and the philosophical basis of various common law principles. Students will also be introduced to, and encouraged to reflect upon, questions of what makes for a valid system of binding laws, and the distinction between a just and an unjust legal system.
Learning Outcomes
On successful completion of this module the learner should be able to:
LO1 Define and explain the nature of jurisprudence
LO2 Demonstrate an understanding of the historical relationship between the key jurists and schools covered within the syllabus
LO3 Critically examine and compare the work of such key jurists and schools
LO4 Explain the strengths and weaknesses of the work of key jurists and schools
Pre-requisite learning
Module Recommendations

This is prior learning (or a practical skill) that is recommended before enrolment in this module.

No recommendations listed
Incompatible Modules
These are modules which have learning outcomes that are too similar to the learning outcomes of this module.
No incompatible modules listed
Co-requisite Modules
No Co-requisite modules listed
Requirements
This is prior learning (or a practical skill) that is mandatory before enrolment in this module is allowed.
No requirements listed
 

Module Content & Assessment

Indicative Content
The nature of jurisprudence
Definition relevance; the philosophy of law; legal theory; the intersection between the philosophy of law and legal theory; the substantive context of jurisprudence
Classical natural law
Naturalist theories; classical Greco-Roman natural law; the teleological analysis of Aristotle; the Judaeo-Christian dimension (Augustine and Aquinas); Christian Platonism (St Augustine); Christian Aristotelianism.
Positivism
Classical legal positivism: Bentham, Austin, Kelsen; Bentham's concept of jurisprudence; the command theory of law; sanctions; Kelsen's pure theory of law; public international law and pure theory.
Hart's Theory of Law
Hart's critique of the command theory; moral analysis of positive law; rules; obligation; primary and secondary rules; the rule of recognition; legal systems and officials; public international law in Hart's theory.
The natural law revival – Fuller and Finnis
Fuller's procedural natural law; Finnis: the theory of natural rights; the moral nature of law; the continuing role of naturalist jurisprudence.
Theories of Justice
Rawls: liberal distributive theory of justice; Nozick: just entitlements; justice, individuals, and society.
Analytical Philosophy of Law
Dworkin's philosophy of law; Raz's philosophy of law; Dworkin and Raz on rules and principles; Dworkin's theory of law: the rights thesis, the right answer thesis, and law as integrity; Raz and the authority of law.
Assessment Breakdown%
Continuous Assessment100.00%
Continuous Assessment
Assessment Type Assessment Description Outcome addressed % of total Assessment Date
Essay An essay on one or more substantive topics covered during the semester requiring wide reading, research, and analysis. 1,2,3,4 100.00 Week 12
No Project
No Practical
No End of Module Formal Examination
Continuous Assessment
Assessment Type Assessment Description Outcome addressed % of total Assessment Date
Essay An essay on one or more substantive topics covered during the semester requiring wide reading, research, and analysis. 1,2,3,4 100.00 Week 12
No Project
No Practical
No End of Module Formal Examination

ITCarlow reserves the right to alter the nature and timings of assessment

 

Module Workload

Workload: Full Time
Workload Type Frequency Average Weekly Learner Workload
Lecture Every Week 3.00
Estimated Learner Hours Every Week 6.00
Total Hours 9.00
Workload: Part Time
Workload Type Frequency Average Weekly Learner Workload
Lecture Every Week 1.50
Total Hours 1.50
 

Module Delivered In

Programme Code Programme Semester Delivery
CW_HHLAW_B Honours Bachelor of Laws Degree - LLB 3 Elective
CW_HHLAW_B Honours Bachelor of Laws Degree - LLB 5 Elective