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
LO5
Define and discuss the relationship between law and morality
LO6
Write coherently and convincingly drawing on concepts in the work of the key jurists or
schools studied
LO7
Formulate their own, critically aware, position on jurisprudential matters
LO8
Demonstrate and appreciation of the relevance of jurisprudence to educational development in
general and to the study of law in particular
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 (5%)
definition and relevance
The meaning of law (5%)
n/a
Classical natural law (5%)
n/a
Positivism (5)
n/a
Law and morals (5%)
n/a
The natural law revival – Fuller and Finnis (5%)
n/a
Theories of Justice (5%)
n/a
Modern Positivism – Hart and Kelsen (5%)
n/a
Dworkin and interpretivism (5%)
n/a
Sociological jurisprudence and the sociology of law (5%)
n/a
Legal realism (5%)
n/a
The Scandinavian realists (5%)
n/a
Marxist theory (5%)
n/a
Critical legal studies (5%)
n/a
Feminist jurisprudence (5%)
n/a
Post-modernist Jurisprudence (5%)
n/a
Critical race theory (5%)
n/a
Law and economics (5%)
n/a
Adjudication (5%)
n/a
Concepts of injustice (5%)
n/a
Assessment Breakdown
%
Continuous Assessment
100.00%
Continuous Assessment
Assessment Type
Assessment Description
Outcome addressed
% of total
Assessment Date
Project
A project which will be given in term one and will require candidates to carry out an investigation into a Jurisprudential problem, apply their knowledge and problem-solving skills in answering the question(s).
1,2,3,4,5,6,7,8
50.00
Week 10
Project
An essay question or hypothetical problem question to be given in term two. Students will be required to research the issues involved in accordance with defined instructions, and present their findings and/or proposals in writing, orally or both.
1,2,3,4,5,6,7,8
50.00
Week 26
No Project
No Practical
No End of Module Formal Examination
SETU Carlow Campus reserves the right to alter the nature and timings of assessment