Jurisprudence and legal theory

Jurisprudence and legal theory is a compulsory module on the LLB course. 

Jurisprudence poses fundamental questions about the nature of law, its purpose, its place in society and how a legal system operates as a system of rules and as a social institution engaging with ideals of justice and often conflicting moral codes. 

Topics covered

• The nature of jurisprudence. 
  • Subject matter. 
  • Philosophical method and analytical philosophy. 
• Natural law theory and its critics.
  • The history of natural law.
  • The natural law theories of Fuller and Finnis.
• Legal positivism and its critics. 
  • Imperative and sanction theories of law, including the theories of Austin and Kelsen.
  • Hart's theory of law. 
  • The 'Hart–Fuller' debate.
  • The 'Hart–Dworkin' debate.
  • Raz's theory of law.
  • Practical reason, and authority. 
• Interpretivist theories of law and their critics. 
  •  Dworkin's theory of law as integrity and its critiques by selected theorists. 
• Legal reasoning. 
  • Raz's theory of practical reason and norms, theories of adjudication, in particular that of Dworkin. 
• Liberalism and law. 
• Marxist theories of law and state.
• Feminist jurisprudence. 
• A study in depth of a case prescribed by the examiners on which there will be one compulsory question in the examination.

Learning outcomes

If you complete the module successfully you should be able to:

• Knowledge of some of the most influential legal and political philosophies and their theses on law; 
• Understanding of a range of topics and debates in legal and political philosophy and especially the main methodological, ontological and normative questions concerning law and its legitimacy. 
• Construct philosophical argument; 
• Critically assess legal and political theories and question their internal consistency and coherence as well as their foundational assumptions; Apply abstract philosophical argument to real problems and contexts; 
• Present a sustained and well-constructed argument orally and in written form.

Assessment

Timed unseen examination

Essential reading

• Freeman, M. (ed.) Lloyd's introduction to jurisprudence. (London: Sweet & Maxwell, 2014) ninth edition [ISBN 9780414026728] (available in the Online Library).