Law and History - BA (Hons)

This module has two aims: 1) to contribute towards equipping the students with the necessary practical and intellectual skills for them to think and write as historians at an undergraduate level; 2) to encourage them to think reflectively and critically about the nature of the historical discipline, its epistemological claims, and why we, as historians, do what we do in the way we do it.

It will focus on the process of 'getting used to' undergraduate history; the difference between university life from school/college. These sessions are reinforced with in-house study skills sessions. This will be reinforced through the seminar teaching in the remainder of the module.

The module identifies and explores three main areas of history, asking: what is medieval history; what is early modern history; what is modern history? Students will also explore different central historical themes and approaches in historical scholarship, such as Marxism or nationalism, thereby introducing them to history at university level at both a practical and conceptual level. This will cover the development of university history in the broad sweep of history from approximately the twelfth century to the late twentieth century. It will also consider the impact of the Social Sciences on the historical profession during the twentieth century.

The seminars will reinforce these sessions through discussion of selected readings on relevant topics. Students will also study how to use and analyse a primary source and a variety of historical methodologies.

The module will introduce students to critical legal techniques grounded in critical legal and social theory, feminist and queer theory, postcolonial theory and law and the humanities. Throughout the course, concepts are introduced through socio-legal and critical investigation of selected case studies - such as new pieces of legislation, emerging political campaigns and prominent litigation - ensuring that the course maintains a focus on ‘law in action’. Particular attention will be paid to developments in foreign jurisdictions and in the international arena. Accordingly, case studies will alter from year to year, and draw heavily on research projects on-going in the Law School. The course has a heavy focus on primary legal materials and core critical texts, but will also draw on film, museum artefacts, art and literature as appropriate.

This module introduces the law of obligations, which comprises the private law of duties and rights to which individuals and organisations are subject. Traditionally, it includes the law of contract and tort (but not property). As well as introducing some of the content (which is covered more extensively in LW650 and LW651), a key focus is on the institution of the common law through which most of the law of obligations has emerged. This aspect is especially explored through the case classes, which run alongside the lectures and seminars.

Following on from 'Introduction to Obligations', 'Foundations of Property' continues the study of private law by introducing students to property law. 'Property' is something we tend to presume we know about, and rarely examine as an idea or practice closely. Most often we use it to connote an object or ‘thing’, and presume that it has something to do with ‘ownership’ of that object; we use expressions such as, 'This is mine,' and often do not examine the detail of what that really means.

This module begins to unpack and examine the ideas and practices of property more closely, looking in particular at land to ask questions such as: what do we mean by ‘ownership’? What happens when a number of competing ‘ownership claims’ in one object exist? What are the limits of 'ownership'? Does 'ownership' entail social obligation?

When preparing for the module it will be useful to think about (and collect material on) current debates over contested ownership (or use) of property and resources, especially in relation to land.

Part A: English Legal System

This module provides an overview of the English Legal System, including the following indicative topics:

1) An introduction to Parliament and the legislative process

2) The court structure and the doctrine of precedent

3) An introduction to case law, including how to identify and the importance of ratio decidendi and obiter dicta

Part B: Introduction to Legal Skills

The module also gives students an introduction to the basic legal skills that they will develop further in their other modules throughout the degree. The focus here is on specific exercises to support exploration and use of the library resources that are available, both in paper copy and electronically through the legal databases, and on understanding practices of legal citation.

TERM 1

• Constitutionalism: history, theories, principles and contemporary significance

• Models of Government at national, local and supra-national levels

TERM 2

• Human Rights – history and contemporary significance and deployment

• The scope of governmental authority and its limits

• Judicial review and other forms of citizen redress

Over the course of the late twentieth century the modern state was transformed in far-reaching ways. The deregulation and privatisation of national economies, the rise of risk governance, the proliferation of administrative agencies and the increasing the involvement of experts in public policy have all profoundly affected the practice of government. At the same time, states responded to global problems cutting across national boundaries (eg, in finance, security and the environment) by governing through transnational networks and global institutions far removed from conventional mechanisms of democratic and legal accountability. These changes have dramatically transformed the landscape of public law - broadly defined as 'the practices that sustain and regulate the activity of governing'.

This module helps students to navigate this shifting constitutional terrain and grapple with the key legal and political challenges it poses. In Public Law 1 (LW588) students learned about the core principles of constitutional and administrative law, exploring issues like parliamentary sovereignty, the separation of powers, judicial review, human rights and devolution. In the Law of the European Union (LW593) students were introduced to the principle of multi-level governance through which the modern state operates. Public Law 2 builds on these insights by analysing the complexity of contemporary governance in detail. The aim is to have students think critically about (i) the changing nature of the state, global governance and regulation; (ii) how globalisation is changing the ways public law problems are governed; (iii) the key challenges these shifts pose for the protection of rights and (iv) the different techniques and processes for holding states and powerful actors to account.

This module will build on the knowledge that students will have acquired in Public Law 1, where they have been provided with an introduction to the history of the EU, the main institutions of the EU and some key constitutional issues arising from the principle of supremacy of EU law from a UK legal perspective (e.g. impact on national parliamentary sovereignty). Consequently, this module will develop student learning by focusing instead on related and non-related foundational legal aspects of EU law not addressed or only partially addressed in Public 1, including notably the core areas of substantive law of the EU common market, especially free movement of goods and persons. Where relevant, the material will be related back and compared to the relevant rules in the English legal system that the students have studied, e.g. judicial review and protection of fundamental rights.

Indicative topics:

The coverage of fundamental areas of the institutional, constitutional and administrative legal framework of the European Union in this module will build on the introduction to the EU provided in Public Law 1, and will focus on more advanced aspects. The following contains an indicative list of EU law topics addressed in this module, (taking into account that this list may be subject to amendment or be re-ordered in any given academic year for pedagogical-related reasons):

• Introduction: Evolution of the EU's institutional and legal framework

• Foundational legal principles of EU Law: direct effect, supremacy, preliminary ruling procedure

• EU single market law: notably, the free movement of goods and persons (migrant workers, self-employed and businesses)

• Individual rights under EU Law: fundamental rights and the EU, EU Citizenship

This module will offer a one-week overview of Contract law doctrine by reviewing the essentials of contract law gained by students in Introduction to Obligations and provide an overview of the lectures to follow.

Thereafter, students will spend the majority of the time on contract doctrine and problem-solving in contract law, comprised of doctrinal topics not covered in LW315 Introduction to Obligations e.g. breach of contract and remedies, contractual terms, misrepresentation, termination and frustration of contracts and policing bargaining behaviour.

The remainder of the module will focus on contract theory (e.g. freedom of contract, relational contract theory, contract and the vulnerable, contract and consumption). This section of the module will overlay the doctrine covered in the previous section with a basic theoretical framework, and ground students' understanding of critical essay writing in contract law. It will also build on discussion of the purposes of contract law in Introduction to Obligations.

The bulk of this module will concentrate on the Tort of Negligence in contrast to students' knowledge of the law of trespass to the person (gained in LAWS3150 Introduction to Obligations). Students will focus on the conceptual structure of the tort of negligence, its rise and dominance over other torts, its role in accident compensation, the funding of accident compensation and the role of insurance, and the system's contribution to an alleged "compensation culture". The approach is primarily doctrinal but is informed by various theoretical perspectives examining differing notions of justice.

A smaller section of this module will contrast the predominantly case-based Tort of Negligence with various statutory torts. Students will also consider the Land Torts. This draws further attention to the diverse range of harms or interests protected by tort law and to the diverse conceptual structures of different torts.

This module, normally taken in Stage 2, introduces the student to the main principles and doctrines of equity and trusts. It is designed to challenge the somewhat dull image of this area of law and to encourage a critical and imaginative understanding of the subject. The law of equity and trusts is contextualized within a historical, social and jurisprudential inquiry thereby providing a much wider range of possible interpretations of its development and application. What then becomes central to the module’s approach is the complex interrelation of law with ethical, political, economic and jurisprudential considerations, and that between legal outcomes, pragmatic concerns and policy objectives.

Drawing upon the student’s experience of the study of law, in particular that gained from Foundations of Property Law and Property Law, this module examines the trust both as a private legal institution (the trust in family and commercial settings) and a public one (the charitable trust), placing special emphasis on the management of the trust and the powers, duties and obligations of the trustee. Yet in departing from conventional approaches this module does not study equity merely in regards to its role as the original creator of the trust. Equity is instead acknowledged to be what it really is - a vital and fruitful component of the English legal system; a distinct form of legal interpretation possessing its own principles and method of legal reasoning, and comprising an original and continuing source of legal development in the sphere of remedies.

The focus of the module is private property in English land: title by registration; squatting; owner-occupation; leases; covenants and land development. It builds on the Foundations of Property module to develop an in-depth understanding of English land law, its conception of property and its politics and effects. And it gives experience in how to advise clients on land law problems – and on how to avoid problems for clients.

Spanning the period from the Exclusion Crisis of the late 1670s until the end of the Seven Years' War in 1763, this module will explore a crucial period in the history of Britain through an examination of politics, religion and diplomacy. Emerging from the upheaval of revolution in the 1640s and 1650s, the British monarchy had to adapt to new circumstances in the ensuing 100 years and one of the aims of the module will be to consider the changing nature of kingship and queenship in this age. Dynasticism remained important - after all, two unions were brought about during this period - with the Dutch (1689-1702) and the Hanoverian electorate (1714-1837). Necessarily, therefore, the European dimension will be central to the module, while the focus will be on Britain, not merely England. Parliament assumed an enhanced role in the politics of this period - with annual parliaments from 1689 and parliamentary union with Scotland in 1707 - and the module will pay close attention to the fortunes of ministers, the growth of parties and the increasingly active electorate in an age of frequent general elections. The module will also assess how extra-parliamentary opinion, the press and popular protest affected the political landscape. Religious conflict remained an issue, with continuing tension between the established church and 'dissenters', as well as between Catholic and Protestant (the attempt to exclude James, Duke of York from the succession signifying the continued interdependence of religion and politics). Finally, the module will examine the impact on Britain of the War of the Austrian Succession (1740-48) and the Seven Years' War (1756-63), and the growth of the British colonial empire.

Seventeenth-century Britain experienced considerable division and tension, most obviously in the Civil Wars in mid-century between the countries which comprised the multiple kingdom of Britain. The aim is to examine the reasons for, and the attempted resolution of, major political and religious problems, with a clear sense of the European context in which these events were played out. Topics to be studied will include the ideological clashes between crown and parliament in England; the political and cultural divisions of `court' and `country'; religious disunity across the three kingdoms; the expansion of a `public sphere' of politics and religion; the failure of republican government in the 1650s; the instability of Restoration politics and the coming of the Glorious Revolution; and Britain's changing role in Europe across the century.

The history of the Great War is a subject of perennial fascination, for this war left its imprint on British/European society to an extent almost unparalleled in modern history. No previous war matched it in scale and brutality. The military history and the course of events have been told many times. This course, by contrast, focuses on the social and cultural upheavals of the Great War. The aim is to move beyond narrow military history and examine the war's socio-cultural impact on British and European societies. Furthermore, it hopes to overcome historians' fixation with national histories. The First World War was, by definition, a transnational event and this course will fully explore the comparative method.

This module will explore the American West, looking at the social and economic dynamics underlying Western history, together with processes of environmental transformation. The unit spans a chronological period from 1803 – the Louisiana Purchase - to 1893 – the date of the Chicago Exposition and Turner’s famed ‘Frontier thesis’. Commencing with a look at constructions of the West in history, literature and film, the module will move on to critically analyse key issues and moments in Western History including the Lewis and Clark expedition, the Gold Rush, and the Indian Wars. Outline themes include the construction of regional identities, protracted conflicts for resources, environmental changes, and the continuing importance of the West as a symbolic landscape. A key aim of the course lies in facilitating critical discussion on the process of nineteenth-century westward expansion, addressing issues of colonial conquest, environmental despoliation, economic change, and social cohesion. Through lectures and seminars, we will explore the major themes of Western history in this period and examine relevant historiographical debates. Portrayals of the West in art, literature, and film will be used extensively to illustrate the diversity of Western culture and situate the importance of myth in shaping popular and historical discourse.

The module will explore the nature of the British Army in the Second World War. How it reacted to the crushing defeats of 1940 in France and 1942 in the Far East before transforming itself into a war-winning force. The course will begin with the inter-war army examining its lack of doctrine and the confused role it had in British and imperial defence plans. From there it will move on to examine the transformation of the army from a pre-war small professional outfit to a vast conscript army, before concluding on the situation in 1945, the retention of peacetime conscription and adaptation to the Cold War world. It will take a broad approach to military history, studying the political, economic and cultural realities behind the force.

The module will explore the nature of the nature of armoured warfare. It will reveal how quickly advocates of these new machines developed theories of armoured warfare and how these were applied to the battlefield. It will show the supposed decline of the tank and heavy armour in the years since the collapse of the Communist Bloc, only to be given a new lease of life by the two Gulf Wars. The course will also look at the cultural ideas behind the tank, how it has seeped into the imagination as a symbol of modernity and change: for example, the crucial importance of tanks to images of the Hungarian uprising in 1956 and to the Beijing protests of 1989.

This module explores the place of death within medieval European culture, focusing especially on the visual and material evidence of relics, tombs, architecture, wall paintings, and illuminated manuscripts. It will begin by examining how ideas about death and the dead were expressed in works of art from Late Antiquity until the arrival of the Black Death in 1348. Our primary sources will be set within the context of literary, visual, documentary and liturgical evidence. Together, we will examine these sources from different disciplinary perspectives in attempt to determine how the study of medieval death and contemporary anxieties about the afterlife can inform us about how people lived in the Middle Ages.

Condemned by the international community for refusing to sign the Kyoto Accords, rendered powerless by electricity blackouts, and stricken by the Hurricane Katrina disaster, the United States of America is today embroiled in a narrative of environmental controversy and catastrophe. This module explores to what extent the USA has been ‘inviting doomsday’ throughout the modern (twentieth-century) period. Commencing with an introductory session on writing and researching American environmental history, the module is then split into four sections: Science and Recreation, Doomsday Scenarios, Environmental Protest, and Consuming Nature. Over the twelve weeks we will consider a range of environmental issues that include wildlife management in national parks, pesticide spraying on prairie farms, nuclear testing in Nevada, and Mickey Mouse rides in Disneyland. By the end of the module, we will have constructed a comprehensive map of the United States based around themes of ecological transformation, assimilation and decay.

This module examines the rise and spread of popular religious movements in Western Europe from the eleventh to the early fourteenth century and considers how some of these movements became seen as heresy and were associated with political dissent, ideas of persecution and social and economic change. It also considers the leadership of the Medieval papacy and its contribution to the transformation and condemnation of religious and heretical movements. The module finally explores the reasons why popular religious movements provoked such strong reactions and compares and contrasts the treatment of these religious and heretical movements with that given to other social minorities (especially women, lepers and homosexuality).

The course will draw on narrative, hagiographical, documentary and visual sources. The course will require students to engage with primary sources, and to think critically about theoretical approaches toward the above mentioned themes.

This module is meant to introduce students to the key processes and dynamics of sub-Saharan African history during the past two centuries. The course covers three chronological periods: the pre-colonial, colonial and post-colonial eras. In their study of the pre-colonial period students, will especially familiarize themselves with the changing nature of African slavery and the nineteenth-century reconstruction of political authority in the face of economic, environmental and military challenges. The colonial period forms the second section of the course. Here, students will gain an understanding of the modalities of the colonial conquest, the creation and operation of colonial economies and the socio-cultural engineering brought about by European rule. The study of the colonial period will end with an analysis of African nationalisms and decolonisation. In the final part of the course, students will develop an understanding of the challenges faced by independent African nations. The nature of the post-colonial African state will be explored alongside such topical issues as the Rwandan Genocide and the African AIDS epidemic.

Between 1815 and 1914 Britain engaged in only one European war. The Empire was, therefore, the most consistent and most continuous influence in shaping the army as an institution and moulding public opinion of the army. This module will examine various aspects of the British army’s imperial experience between 1750 and 1920 (although the focus will fall, for the most part on the small wars of the Victorian period). The central focus will be on the campaigning in Africa and India, exploring how a relatively small number of British soldiers managed to gain and retain control of such vast territories and populations. Through an examination of a wide range of literary and visual primary sources, the module will also explore how the imperial soldier specifically and imperial campaigning generally were presented to and reconfigured by a domestic audience.

Topics covered will include:

The everyday life of the imperial soldier

Representing the imperial hero: Henry Havelock and Charles Gordon

The portrayal of imperial campaigning in contemporary popular culture

The legacy of the Boer War: commemoration, doctrine and reform

The modern memory of colonial warfare: from Lives of a Bengal Lancer to Zulu

Cultures never develop and grow in isolation. They are built on the values of past generations, and they are shaped and challenged in interaction with other cultures. The main objective of this module is to explore and present the powerful interaction between Europe and the Islamic world in early modern times, c. 1450-1750.

The course will firstly provide an overview of the rise and fall of three major Islamic states and empires (the Abbasid Caliphate, the Safavid Empire, the Ottoman Empire). It will then assess the early modern European encounter with the Islamic world 1) by discussing the scholarly, religious, political and economic incentives for this encounter; 2) by documenting the exchange of knowledge, ideas, values and material objects this encounter stimulated in the early modern period; 3) by exploring the enormous impact, which this encounter had on European civilization. The course will focus on the following topics and areas of life:

1) Transmission of scientific, technical and medical knowledge.

2) Collecting manuscripts and studying the languages of the Islamic world

3) Trade and economic exchange

4) Conflict and cooperation

5) Understanding Islam, translating the Koran

6) European discovery of Arabic literature, art and architecture

7) Arabs in the West (diplomats, travellers, scholars and prisoners)

8) Europeans in the East (diplomats, travellers, scholars and prisoners)

Society has always been fascinated by those deemed different and over time, unusual people have been viewed and constructed in a myriad of ways. The course explores the continuities and changes surrounding those classed as different. Broadly, the course will investigate the changing nature of difference from the 1780s to the 1920s. It will examine the body and mind as contested sites; spaces occupied by those considered different; the establishment of normality versus deviance; the changing conceptions of difference over time; relationships between unusual people and the wider society. Using a broad range of sources, from novels to film, the course will trace the shifting cultural constructions of difference.

This module will offer a comparative study of the armies of the Great Powers during the First World War. The module will adopt the ‘war and society’ approach to this topic and so will focus on the social composition and combat effectiveness of the armies concerned, along with civil-military relations and the higher strategic direction of the war. This module will therefore seek to answer some of the key questions of the Great War: how did the Great Powers manage to raise and sustain such large armies, why did soldiers continue to fight, given the appalling casualty rates; how politicised were the armies of the Great War, why were politicians allowed to embark on foolhardy military adventures, how crucial were the Americans in securing Entente victory and how effectively were economies adapted to meet the demands of the armies? Comparative topics for discussion in seminars will include; planning for war, recruitment and conscription, the officer corps, generals and politicians, discipline and morale; and attitudes to technological advances.

This module introduces students to Russian history from the end of the Crimean War to the Soviet victory in the Second World War. It will equip students to understand the continuities and differences between tsarism and Soviet communism. Themes covered will include: the reforms of Alexander II; the late tsarist autocracy; populism and Marxism; the 1905 revolution; the First World War; the February and October revolutions; the intelligentsia and revolution; revolutionary ideology; the building of socialism, c. 1917-1928; the Stalin revolution, c. 1928-1941; the Second World War.

In 1500 England and Scotland were both Catholic, and entirely separate countries. In 1603 they were united under one ruler, the Scottish King James VI who inherited the throne of England on the death of Elizabeth I. This module will introduce students to the political history of the period, meeting famous characters such as Henry VIII and Mary, Queen of Scots, but it will also get beyond headline-grabbing monarchs to explore complex political realities. Alongside the contested process of religious change and the secret scheming between England and Scotland, we shall consider the impact of propaganda on the people of different parts of the British Isles. Students will encounter a wide variety of sources, ranging from political pictures and tracts to acts of Parliament and diplomatic correspondence.

The diplomatic relationship between Britain and France in the first half of the twentieth century can be seen as a marriage of convenience. Not natural historical allies, the British and French governments were forced increasingly to work together to combat the tensions in Europe that led to the outbreak of the First and Second World Wars.

This module explores the love-hate relationship between the two countries in tracing the origins of the Entente Cordiale, and by addressing some of the major historiographical debates in twentieth century international history. Lectures will provide students with an overview of these debates and the topics listed below, and seminars will encourage students to consider their understanding of these areas and critically engage with them through discussion.

Themes explored will typically include, imperialism, political reform and its impact on foreign policy formation, democratisation, the rise of nationalism, peacemaking at the end of the two world wars; the Ruhr Crisis, the Treaty of Locarno, the League of Nations; the Kellogg Briand Pact; the Briand Plan; the Geneva disarmament conferences of the late 1920s/early 1930s; Eastern Europe and Russia; different strategies to deal with the rise of Hitler; the fall of France, the rise of Vichy; the secret war; the outbreak of the Cold War.

'We seem, as it were, to have conquered and peopled half the world in a fit of absence of mind.'

Sir John Seeley, The Expansion of England (1883)

Despite Seeley's assertion of accidental conquest, at its zenith the British empire decidedly controlled over ¼ of the world's global real estate, and 1/5 of the world's population. The economic, cultural and global impact of British colonialism is still very much apparent today - from contested borders and inter-state disputes, through languages and cultures, to the inequities in wealth and trade that exist between the prosperous 'North' and the underdeveloped 'South'. Why, then, was imperial expansion so vehemently defended by its protagonists in the 19th and 20th Centuries? And what made colonial conquest, colonisation, and economic exploitation of non-European spaces feasible on such a global scale and for so long? These are the 'big questions' that underlie this module. Using documentary sources and specialist texts and articles, we shall investigate various aspects of British colonial rule from the perspective of its practitioners and from that of their colonial 'subjects'. The intention is to try and understand European imperialism on its own terms, to interrogate the cultural and conceptual discourses that underpinned its existence, and to reflect upon the many ways in which the history of European empire has shaped the modern world in which we live today.

Please note that the title of this module is changing. It will run in 2016/2017 as 'A Cultural History of the British Empire.'

The curriculum works systematically through the exploration and settlement of different regions, with weekly material covering particular migratory pathways, including Chesapeake planters, New England puritans, pirates and settlers in the Caribbean, and other seminal cultural zones including attention to the Middle Colonies and the Lower South. Introductory coverage will explore the "prehistory" of British colonialism through an examination of the plantation of Ulster, and other aspects of migration and imperialism will be treated through engagement with the Scottish experiment at Darien and English attempts to gain footholds in West Africa. The curriculum will concentrate on particular themes to help sustain integrity across this diffuse oceanic domain: encounters with indigenous peoples, Atlantic imperialism, settlement demographics, and cultural folkways. The final weeks of the course will treat points of convergence and integration, including the growth of cities, religious movements, political commonalities, and the eighteenth-century wars for empire in the Atlantic, culminating in the Peace of Paris of 1763.

Science and religion are often presented as in antithesis; worldviews that will inevitably clash. Popular accounts of science often present religion and religious institutions as a restraining force on the advance of science, and find it difficult to deal with the many scientific figures whose work was either underpinned or unaffected by their faith. This module will look critically at these narratives, re-examining famous episodes such as Galileo's clash with the Catholic Church, and debates over Darwin’s theory of evolution, from the Huxley-Wilberforce debate of 1860 to the Scopes Trial in Tennessee in 1925. We will explore the late 19th-century roots of the "clash narrative" and the developing idea of inevitable “Warfare” between science and religion, noting the other ways in which the relationship has been understood. This includes the long-lasting natural theological framing of scientific knowledge, which saw evidence of God’s existence and attributes in the natural world, and historians’ accounts of the role of religion in motivating individuals and groups to undertake scientific work.

This module examines the European experience of war during the French Revolutionary and Napoleonic Wars. The lectures will consider the major national armies (French, Prussian, Austrian, Russian, British and Spanish) and how they were expanded and reformed in the wake of the French Revolution. Seminars will consider key themes, such as the nature of the officer corps, recruitment and conscription, the nature of 'People's War’, interactions between soldiers and civilians, developments in tactics, logistics and discipline and morale. The approach taken, will largely be that of ‘war and society’, focusing on the social history of the armies but there will also be some consideration of operational history and cultural history approaches to this topic. While this approach moves significantly away from ‘old military history’ with its focus on generals and battles, there will be some consideration of Napoleon’s methods of warfare and how these were successfully countered by his enemies.

Over the last two centuries, surgery has been radically transformed from a barbaric craft to a precision based science. Aided by new technologies, surgeons pioneered exploration into the body in ways never achieved before and became heroes of the hospital operating theatre and beyond. Historians have called this a surgical revolution. But how revolutionary was it? Did surgeons always get it right? Did new ideas, procedures and technologies immediately replace those that came before them? Is the history of surgery simply a story of continual progress? This module will examine major aspects of surgery from 1750 in order to evaluate the extent to which a 'surgical revolution' took place. Topics to be addressed include the rise of pathological anatomy; dissection and body snatching; anaesthesia; antisepsis and asepsis; vivisection; war; organ transplantation; and keyhole surgery. Adopting a social and cultural approach, the module will examine these topics in line with several key themes: the surgical profession, masculinity and heroism; patients, ethics and the body; technologies and techniques; and the sciences of pathology and physiology. The module will also explore the dissemination of surgical history today to public audiences through analyses of museum exhibits.

While the curriculum for LW508 Criminal Law Level I and LW601 Advanced Criminal Law Level H is by and large the same in that the same topics are considered, students following the course at level H will consider each discrete topic to a much greater depth making use of, and improving, skills developed in earlier years of their degree programme.

The module is structured to provide students with the opportunity to explore the major issues in criminal law through class presentation, through consideration of essay style topics and to engage in critical analysis of topics by considering criminal law problem questions. Students will be expected to discuss particular issues of criminal law and their implications for a wider social context. At the commencement of the module students are provided with a Seminar Workbook which outlines the weekly seminar topic and task.

Early Modern European states fostered a culture of obedience. Subjects were meant to show loyalty to their monarch through conforming to their commands, and the doctrine of obedience was promulgated in pulpits and cheap print up and down the land. Nevertheless, rebellions occurred. This course will examine when, why and how subjects resisted their monarchs during the sixteenth century in England, Ireland Scotland, and what factors could push resistance into rebellion – even to the ultimate sin of regicide. We will explore the impact of religious changes on rebellion, considering how having a monarch with a different religion might facilitate rebellion, and the impact of classical ideas about the res publica, the commonwealth or republic, on providing new justifications for rebellion, and explore how these phenomena occurred in the three different contexts of the three kingdoms. We shall also consider how rebellion was reported, and the relationship between the state and controlling news, and how domestic rebellions were influenced by and in turn affected local, national and foreign developments.

Traditionally, historians tend to think about rebellion and resistance following one of two approaches, either social history, considering bottom up protests and popular culture, or intellectual history, exploring theoretical justifications for rebellion and understanding the nature of legitimate political power. This module will allow students to explore both historical approaches. When the module is run at level 5, students will be expected to compare the uses of both approach and its strengths and weaknesses, and at level 6 they will be invited to combine both approaches in their own work.

Science and religion are often presented as in antithesis; worldviews that will inevitably clash. Popular accounts of science often present religion and religious institutions as a restraining force on the advance of science, and find it difficult to deal with the many scientific figures whose work was either underpinned or unaffected by their faith. This module will look critically at these narratives, re-examining famous episodes such as Galileo's clash with the Catholic Church, and debates over Darwin’s theory of evolution, from the Huxley-Wilberforce debate of 1860 to the Scopes Trial in Tennessee in 1925. We will explore the late 19th-century roots of the "clash narrative" and the developing idea of inevitable “Warfare” between science and religion, noting the other ways in which the relationship has been understood. This includes the long-lasting natural theological framing of scientific knowledge, which saw evidence of God’s existence and attributes in the natural world, and historians’ accounts of the role of religion in motivating individuals and groups to undertake scientific work.

The United Nations was established by the victorious states of the Second World War in 1945. The preamble to the Charter of the United Nations declared that the organisation's aim is to 'save succeeding generations from the scourge of war’; promote fundamental human rights and the rights of nations large and small; maintain international law and promote social progress. This module will explore how successfully the organisation has met its founding ideals. In doing so, it will consider major issues that faced the United Nations during the first fifty years of its existence. It will examine how policy was formulated in the committee rooms of the General Assembly and the Security Council. It will then explore how effective such policy proved in the context of the Cold War and the changing post-colonial environment of the late twentieth century.

From early nineteenth century concerns over declining birth rates to the profound impact of the AIDS epidemic in the late twentieth century, this module will examine key political, economic, social and medical issues and events that shaped discourse, attitudes and behaviours surrounding sex and health in Britain since 1800. A central concern of this module will be to untangle the complicated relationship between public discourse and private behaviour. Indeed, while vocal social commentators, scientific and medical communities, the State and the Church increasingly sought to regulate sexual attitudes and behaviours, deviant and tabooed practices such as prostitution, masturbation and sex outside marriage were (and still are) prevalent. In untangling public discourse and private behaviour, the module will consider: the extent to which the regulation of sex and health has been successful; the ways in which attitudes and behaviours changed across the period and varied according to geography, social class, sexual preference, gender and ethnicity; and how they affect our attitudes towards sex and health today. Themes addressed in this module include: Britain's role in the global commercialisation of contraceptive technologies; venereal disease; abortion and infanticide; eugenics; same-sex relationships; and sex crimes.

This special subject explores California history from Native American times to modern day. It charts the rise to power of the US Pacific Coast and the many complexities that come with mass immigration, technological innovation and cultural frontierism. The special subject does not provide a simple narrative of state history, but instead employs a series of case studies to illuminate key periods of California's past and present, auto-stops, if you will, to navigate the Golden State as both a place, an idea and, most significantly, an image. The case studies also facilitate an interdisciplinary approach to the topic, for example, the Great Depression in California is considered by a session on the life of the hobo, his music, migration, work and community in the period. Sources here include Nels Anderson’s classic sociological text 'On Hobos and Homelessness’ and collections of Okie/hobo music of the period. A number of movie showings will relate both the rise of Hollywood as a state industry as well as Hollywood’s own social commentary on the California experience. The California dream and the notion of California exceptionalism will be critiqued across the module. Students will be expected to immerse themselves in the culture industry of the state and truly explore what (if anything) makes California so special or Golden.

This module is designed to give final-year Single or Joint Honours History students an opportunity to independently research a historical topic, under the supervision of an expert in the field. Students are required to submit a dissertation (maximum length 9,000 words) based on research undertaken into primary sources, and an extended reading of secondary sources. It is designed to allow students to engage in their own historical research into any chosen topic (the only stipulation being that there must be a member of staff available within the School of History who is able to supervise the topic), and to present their research in a cogent and accessible format.

This module will offer a comparative study of the armies of the Great Powers during the First World War. The module will adopt the ‘war and society’ approach to this topic and so will focus on the social composition and combat effectiveness of the armies concerned, along with civil-military relations and the higher strategic direction of the war. This module will therefore seek to answer some of the key questions of the Great War: how did the Great Powers manage to raise and sustain such large armies, why did soldiers continue to fight, given the appalling casualty rates; how politicised were the armies of the Great War, why were politicians allowed to embark on foolhardy military adventures, how crucial were the Americans in securing Entente victory and how effectively were economies adapted to meet the demands of the armies? Comparative topics for discussion in seminars will include; planning for war, recruitment and conscription, the officer corps, generals and politicians, discipline and morale; and attitudes to technological advances.

The aim of this course will be to show how far the Great War has infiltrated into modern culture and to test the validity of Paul Fussell's thesis that the Great War created Britain's modern cultural atmosphere. Fussell contends that modern society is marked by a love of irony, paradox and contradiction formed by the experience of the Western Front. Against this theory we will set the ideas of Samuel Hynes and Martin Stephen, as argued in their works, A War Imagined and The Price of Pity. This course will explore how the Great War has influenced our lives and why we have certain images of it. Why, for example, do most people associate the Great War with words such as 'waste', 'futility' and 'disillusion'? Why does the morality of the Great War seem so tarnished, while the Second World War is conceived as a just war? The course will be based upon literature (high and popular), poetry, art, architecture and film. We will therefore be 'reading' a 'primary text' each week. The course will serve to highlight many of themes of the 19th and 20th century British survey courses and will further contextualise the course on Britain and the Home Front in the Second World War.

Condemned by the international community for refusing to sign the Kyoto Accords, rendered powerless by electricity blackouts, and stricken by the Hurricane Katrina disaster, the United States of America is today embroiled in a narrative of environmental controversy and catastrophe. This module explores to what extent the USA has been ‘inviting doomsday’ throughout the modern (twentieth-century) period. Commencing with an introductory session on writing and researching American environmental history, the module is then split into four sections: Science and Recreation, Doomsday Scenarios, Environmental Protest, and Consuming Nature. Over the twelve weeks we will consider a range of environmental issues that include wildlife management in national parks, pesticide spraying on prairie farms, nuclear testing in Nevada, and Mickey Mouse rides in Disneyland. By the end of the module, we will have constructed a comprehensive map of the United States based around themes of ecological transformation, assimilation and decay.

Spanning the period from the Exclusion Crisis of the late 1670s until the end of the Seven Years' War in 1763, this module will explore a crucial period in the history of Britain through an examination of politics, religion and diplomacy. Emerging from the upheaval of revolution in the 1640s and 1650s, the British monarchy had to adapt to new circumstances in the ensuing 100 years and one of the aims of the module will be to consider the changing nature of kingship and queenship in this age. Dynasticism remained important - after all, two unions were brought about during this period - with the Dutch (1689-1702) and the Hanoverian electorate (1714-1837). Necessarily, therefore, the European dimension will be central to the module, while the focus will be on Britain, not merely England. Parliament assumed an enhanced role in the politics of this period - with annual parliaments from 1689 and parliamentary union with Scotland in 1707 - and the module will pay close attention to the fortunes of ministers, the growth of parties and the increasingly active electorate in an age of frequent general elections. The module will also assess how extra-parliamentary opinion, the press and popular protest affected the political landscape. Religious conflict remained an issue, with continuing tension between the established church and 'dissenters', as well as between Catholic and Protestant (the attempt to exclude James, Duke of York from the succession signifying the continued interdependence of religion and politics). Finally, the module will examine the impact on Britain of the War of the Austrian Succession (1740-48) and the Seven Years' War (1756-63), and the growth of the British colonial empire.

Over seventy years after Nazi Germany's unconditional surrender, we are still living in the shadow of the Second World War. The end of the Cold War has seen an upsurge in commemorative activity ranging from new memorials to court cases. This special subject considers the impact of the Second World War on European societies (including Britain) between 1945 and the present day. This module will examine – and compare – the ways in which contemporaries and later generations have tried to make sense of the upheaval and horrors of the Second World War. The module will explore a host of commemorative practices and media (ranging from architecture and popular histories to film and war memorials) and their socio-cultural contexts. Methodologically, the module explores the cultural history of the legacy of war. Cultural history here means the study of languages, practices, artefacts and gestures through which events are encoded by those who live through them or in their aftermath.

This module seeks to provide a sound knowledge and understanding of the concepts and principles underlying the

law relating to human rights, including a grounding in the historical development and political philosophy of human

rights law; to provide a detailed grasp of the current protection of human rights in English law, with particular

reference to the Human Rights Act 1998 and European Convention on Human Rights; and to promote a critical

discussion about the nature, function and effects of human rights as they are, or might be, expressed in English law.

The role of evidence in a courtroom is technical but its rules reflect core principles of the due process of law. These are becoming more significant with the implementation of the Human Rights Act 1998. The module considers matters such as the functions of judge and jury, standards and burdens of proof, the competence and examination of witnesses, the exclusionary rules relating to character, opinion and hearsay, improperly obtained evidence. The module also introduces students to the process of inferential logic.

This module seeks not only to familiarise students with the basic concepts and structure of modern British company law, but also to provide them with a critical understanding of the nature and dynamics of modern capitalism and of the historical development of industrial organisation and the emergence of company law within it. In addition to a selection on modern company law, therefore, the module also traces the rise of the joint stock company in the nineteenth century and the emergence of company law in its wake. It moves on to trace the twentieth century rise of the modern multidivisional, multinational company and its impact on company law. In this context, it also considers the nature of the share and of shareholding, and the role of the Stock Market, and explores contemporary debates about corporate governance. Key aspects will include exploring the contractual relations between, on the one hand, the company and its agents and on the other hand, third parties who deal with the company, tracing the evolutionary changes from the Common Law to the modern predominantly statutory framework. It will also deal with aspects of corporate management and control, including directors’ duties, shareholders’ rights and the increasingly important issues pertaining to market abuse and how the law seeks to deal with such practices. Students are encouraged to familiarise themselves with current issues in the commercial world by reading the financial pages of the newspapers, as reference will frequently be made to current events to facilitate the learning process. The module will address a range of inter-related questions: How well suited is modern company law to the regulation of the large modern corporation? What do shareholders do? What does the Stock Market do? In whose interests are modern corporations run? In whose interest should they be run? How do companies contract and what are the relationships between the organs of the company?

In the current context of globalization, postcolonialism and transnationalism, not to mention the Europeanization of laws, every law student in the UK will almost inevitably encounter foreign law in the course of his or her professional life. For one thing, the legislator shows itself more and more open to the influence of foreign legal ideas in the legislative process. Also, appellate judges increasingly refer to foreign law in the course of their opinions. Further, private parties often enter into legal arrangements, such as contracts or wills, presenting an international dimension. In sum, nowadays, foreign law is everywhere and cannot be circumvented.

This module intends to provide law students with the necessary intellectual equipment allowing them to approach any foreign law (not only European laws) in a meaningful way. In particular, the module will heighten students' sensitization to the specificity of foreign legal cultures and encourage them to reflect in depth upon the possibilities and limits of cross-border interaction in the law. Another feature of this module will be a critical introduction to hermeneutics, deconstruction and translation studies with specific reference being made to law as these lines of thought are most relevant for comparatists. Throughout the course, concrete examples will be developed from a range of different national laws.

The Philosophy of Law module is designed for those who think they might be interested in philosophical reflection and enquiry into law. The module assumes no prior knowledge of either philosophy or law. The module uses the tools of analytic philosophy in order to promote understanding and criticism of current and historical understandings of law and legal practice, and to promote students' own critical, reflective understandings concerning these topics. Module learning divides into two parts. The first part occupies Autumn Term learning and teaching, and comprises an introduction to philosophy of law and to the major school of thought in jurisprudence that have dominated reflection on the nature of law. A significant theme of this programme of study is to develop understanding of the relation of ideas in philosophy of law to a wider scholarship that includes historical and sociological understandings of legal practices. The second part occupies Spring Term learning and teaching, and is taken up with the close critical reading of a single monograph in the philosophy of law. The aim of this part of the module is to build upon and supplement Autumn Term learning through the focussed and detailed examination of a single, sustained argument offered within the subject field, thereby deepening earlier understandings and also enabling students to develop and refine their skills of philosophical reading and critique.

The module seeks to provide an historical, legal and social understanding of the police, one of the key social and legal institutions of the modern state. The police are an integral part of the criminal justice system and as such, this module is a core element in a criminal justice programme.

Students on this module must become members of the Kent Law Clinic, and work under Supervisors on ‘live’ cases for clients of the Clinic under the supervision of solicitors, or other experienced legal practitioners working alongside them. All Supervisors are members of the academic staff at Kent Law School. Students will develop their knowledge and understanding of specific areas of English law and procedure, and some specific skills. Students are encouraged to view their clinical work as a means to an end – not just the acquisition of important legal skills but primarily a better understanding and critical analysis of law and of legal practice. The excellent opportunity which clinical work provides for active learning, and for studying the interface between theory and practice, is placed firmly in this context.

Students are expected to undertake from the second week of Autumn term onwards until the end of the Spring term, under supervision, the conduct of at least two substantial cases (or the equivalent), involving proceedings in courts or tribunals or other legal forums, or projects on an area of law of relevance to the objects of the Clinic. Students will normally work on cases rather than projects. A Supervisor will decide whether a student has undertaken two substantial cases (or the equivalent) for the purposes of this module.

The course aims to provide students with abilities to develop an understanding of the following issues: (a) Foundational principles, justificatory arguments and theoretical frameworks of intellectual property law; (b) Key legislation and case law and the relationship of levels of law making in intellectual property law; (c) A basic understanding of UK intellectual property law (copyright, breach of confidence, trade marks and patents)

This module will focus on the leading topic areas of intellectual property law (including practical aspects), namely:

• Copyright

• Patents

• Trade marks

• Passing off

• Breach of confidence

This module allows a student to undertake a lengthy writing project on a law -related subject that interests her/him under the supervision of a KLS staff member. It is available to Stage 3 students taking single or combined honours law programmes. Public Law II is a compulsory prerequisite module. Entry to this module will be based on gaining a Merit in stage 1, however, if they achieve a 2:1 in the Public Law 2 special study they may be admitted subsequently. Students wishing to take this module must settle on their topic and find a dissertation supervisor near the end of the Spring term of the academic year previous to the start of this module. During the first term of this module, the convenor will conduct several sessions on how to research and write a law dissertation.

This module allows a student to undertake a lengthy writing project on a law -related subject that interests her/him under the supervision of a KLS staff member. It is available to Stage 2 and 3 students taking single or combined honours law programmes. Students wishing to take this module must settle on their topic and find a dissertation supervisor near the end of the Spring term of the academic year previous to the start of this module. During the first term of this module, the convenor will conduct several sessions on how to research and write a law dissertation.

This module investigates the relationship between law and social change, and explores the political, economic and social dynamics that affect this relationship over time. We will consider questions such as:

• Why is the law a terrain of social struggle?

• How does the law respond and/or contribute to social change? How can the law be harnessed for social change?

• How do the values or worldviews that the law incorporates affect the legal advancement of social change?

• How does the character of the law change in relation to different social, economic and political dynamics?

• What are the obstacles and limitations to the law contributing to and creating social change?

• How can we engage with the law to pursue change towards social justice?

The first part of the module examines the relationship between law and social change as addressed by some key classical and contemporary social theorists. This exploration is then extended with an analysis of how and to what extent social movements can affect legal reform and contribute to social change. The second part of the module investigates a number of concepts and areas in relation to which the approaches and ideas explored in the previous part can be applied, questioned, reframed or expanded. These concepts and areas are morality, democracy, globalisation, rights and citizenship, and the role of legal professions in social change. The module wraps up with a student-led session on their essay-in progress.

So much of law is about text and the manipulation of language: Becoming sensitive to the construction of narratives in judgements, learning to read argument in its many forms, recognising the ways in which words, and patterns of words, can be used to create effect, playing with ambiguities or seeking to express an idea with clarity, all these are fundamental skills for a lawyer. Law is also about performance, the roles which are assigned to us and the drama of the court room. And law, as text and performance, carries fundamental cultural messages about the society we live in and the values we aspire to. During this module, we will examine some of the many ways in which reading, viewing and listening to, 'the arts' helps us to think more concisely as well as more imaginatively about law. We welcome on to the module anyone who shares, with us, an enjoyment of reading, viewing and listening – this is a chance to be introduced to material you may not be familiar with as well as a chance to pursue an interest you may already have. Although the module is designed primarily for law students, it is also open to undergraduates from other degree programmes.

The module focuses on a small number of key texts through which to explore the themes and develop student skills. These vary from year to year.

The module will be divided into three main sections. The first section will involve an examination of the banker-customer relationship, including the rights and obligations of the parties in that relationship, the use of different methods of payments and remedies. The second section will focus on the provision of credit by banks to customers. This section will look at the types of credit facilities provided by banks, the taking of security by banks and the enforcement of such security. The final section will focus on money laundering regulation within the banking industry.

This module considers how criminal law makes use of science. Forensic evidence is a rapidly developing area in criminal trials – new techniques are continually being developed and forensic evidence such as DNA profiling is increasingly presented as evidence. This rapid expansion has resulted in forensic evidence becoming increasingly debated in the media and by the criminal justice process – from articles hailing DNA profiling as preventing or undoing miscarriages of justice to those questioning a lay jury's ability to make a judgement in case involving highly complex scientific or medical evidence.

The module will be broken down into 4 parts:

1. Initially, analysis of the historical development of the use of forensic evidence will be made along with explanation of both what constitutes forensic evidence and the basic scientific techniques involved.

2. Consideration of the way in which forensic science has developed as a useful tool within the criminal justice process

3. Analysis of the difficulties of placing emphasis on forensic science within the trial system – cases in which forensic science has resulted in subsequently questioned decisions.

4. Current issues surrounding the use of forensic science: This section of the course will be devoted to considering the questions which arise out of the use of forensic evidence such as:

• Who should decide whether a new scientific technique should be admissible evidence,

• Who are the experts who present the evidence to juries

• To what extent does the admission of forensic evidence assists juries.

The overall objective of the module is to provide an exposition of Environmental Law which seeks to assess the functioning of the law alongside the environmental problems that it seeks to address. Many of these problems admit scientific, economic and administrative responses as readily as legal ones. However, the underlying premise is that, alongside other disciplines, law has an essential part to play in the protection of the environment. Within law, various strategies that may be applied to environmental problems have different strengths and weaknesses. In each case the options must be reviewed and it must be asked, which is the most appropriate legal approach to a particular kind of environmental problem?

To some extent this eclectic perspective spans traditional legal boundaries emphasising features which may be overlooked in customary treatments of subjects such as criminal law, tort, administrative law and European Union law, but it is a subject which has a distinctive identity determined by the specific problems that the law seeks to address. Environmental Law seeks to examine and assess laws, of widely different kinds, from a uniquely environmental perspective. Taking the broadest possible view, it must be asked what legal mechanism is best used to restrict emissions causing deterioration in the quality of the three environmental media of water, air and land and how the law can provide appropriate redress for environmental harm.

Environmental Law I is broadly concerned with environmental quality law, particularly the different ways in which environmentally damaging activities are addressed through legal mechanisms. The module commences with a discussion of foundational issues concerning basic concepts in Environmental Law and the range of legal approaches that are adopted in national, European Union and international law. Thereafter, the main focus is on the protection of the environmental media of water, land and air to prevent pollution and to secure environmental quality objectives. The module concludes by examining some cross-cutting issues, such as enforcement, information access, participation and alternative strategies for environmental protection.

The overall objective of the module is to provide an exposition of Environmental Law which seeks to assess the functioning of the law alongside the environmental problems that it seeks to address. Many of these problems admit scientific, economic and administrative solutions as readily as legal ones. However, the underlying premise is that, alongside other disciplines, law has an essential part to play in the protection of the environment. Within law, various strategies that may be applied to environmental problems have different strengths and weaknesses. In each case the options must be reviewed and it must be asked, which is the most appropriate legal approach to a particular kind of environmental problem?

To some extent this eclectic perspective spans traditional legal boundaries emphasising features which may be overlooked in customary treatments of subjects such as criminal law, tort, administrative law and European Union law but it is a subject which has a distinctive identity determined by the specific problems that the law is designed to address. Environmental Law seeks to examine and assess laws, of widely different kinds, from a uniquely environmental perspective. Taking a broad view, it must be asked what legal mechanisms are best used to restrict environmentally damaging land use and development, and how may the law be used most effectively to conserve wild fauna and flora and the habitats upon which they depend?

Environmental Law II (LW586) is intended to complement Environmental Law I. Whilst Environmental Law I is primarily concerned with protection of the quality of the environmental media of water, air and land, Environmental Law II is concerned with the environmental land use controls and specific mechanisms for conservation of species and habitats (ecological quality law).

This course will give students the opportunity to explore the ways in which morality has been understood and theorised and then to trace the development of a particular moral concept (namely, that of individual rights), that is central to legal discourse today. The methodology will be historical/contextual as well as theoretical/analytical. We will look at the way in which the idea of individual rights arose (and continues to develop) in a philosophical, political and historical context and we will examine and critically evaluate modern theories of rights and their relationship to law. The concept of a right is deceptively simple. When examined closely is gives rise to all sorts of questions and problems including, for example: how is the idea of a right justified? What is its relationship to the older idea of liberty? Can it survive the discrediting of theories of natural rights tied to natural law? Can it stand alone as a moral concept or is it merely the ‘other side’ of a duty?

Block 1: A critical introduction to the major theories of moral philosophy: virtue theory, duty based (deontological) Kantian theory and consequentialism (utilitarianism).

Block 2:. A historical/contextual examination of the development of a particular moral concept; that of individual rights.

Block 3.Oral presentations by students in pairs.

Block 4.An analytical examination and critique of modern theories of rights and their relationship to law (incl. ‘interest’ and ‘will’ theories and the legal analysis of Wesley Hohfeld)

This module allows a student to undertake a lengthy writing project on a law -related subject that interests her/him under the supervision of a KLS staff member. It is available to Stage 2 and 3 students taking single or combined honours law programmes. Students wishing to take this module must settle on their topic and find a dissertation supervisor near the end of the Spring term of the academic year previous to the start of this module. During the first term of this module, the convenor will conduct several sessions on how to research and write a law dissertation.

The first half of the module will provide students with detailed knowledge and understanding of the idea of development, the international development project, the main international development institutions and the international context in which they developed, and the field of Law and Development. The second half of the module will examine contemporary topics in law and international development, including (but not limited to) human rights and development; decentralization and local development; sustainability and development; law and the informal sector; rule of law promotion.

This course will give students the opportunity to explore the ways in which moral reasoning can inform the study and practice of lawyering. Students will be asked to think and argue about the (possible) moral dimension of the practice of law. The course will include a theoretical component during which we will explore ways in which we might justify (or deny) a moral dimension to the practice of law. In the practical component we will use case studies (including that of the US government lawyers who provided legal justifications for the use of torture on ‘War on Terror’ prisoners). This case study and others will be used to discuss and debate issues in legal ethics, broadly conceived. The methodology will combine theoretical discussion of the principles that should inform the notion of legal ethics with analysis and discussion of actual moral and ethical dilemmas faced by lawyers and their resolution.

Block 1: Why Legal Ethics? An exploration of the moral reasoning and arguments behind the idea of ‘legal ethics’. Do lawyers have moral responsibilities as well as legal ones?

Block 2: Case studies and the ethical issues they raise. Answers to moral questions and dilemmas in legal practice.

This module is concerned with contemporary labour law. It combines legal analysis and the transmission of practical legal skills with a highly contextual and interdisciplinary understanding of the labour law and regulatory debates around labour regulation. To that end, workshops will feature extended discussion on key aspects of contemporary labour legislation using scholarly texts. Students will also study key legal aspects of the modern employment relationship including the contract of employment, statutory employment protection provisions (for example unfair dismissal and redundancy protection), anti-discrimination legislation and provisions for reconciling work and family life (e.g. pregnancy protection and parental leave). The module will also explore selected aspects of collective labour law including the role and status of trade unions, the legal regulation of collective bargaining and/or the regulation of industrial conflict. The module seeks to combine a detailed knowledge of fundamental key aspects of labour law with the development of broader conceptual, critical and evaluative perspectives on workplace regulation.

In recent times, 'alternative' forms of dispute resolution (ADR) have been widely recognised as possessing the potential to limit some of the damage caused by civil disputes. Therefore, a lawyer’s skill-set ideally should include a well-developed ability to analyse, manage and resolve disputes both within and outside the usual setting of the courtroom. Thus, the module’s primary aim is to introduce students to the legal and regulatory issues surrounding methods of dispute resolution aside from litigation. Specifically, the module focuses on the practical factors relevant to selecting appropriate dispute resolution in distinct circumstances, including, for example, the employment and family law arenas.

Students will be provided with the resources to acquire a detailed theoretical and practical understanding of the contextual constraints associated with the use of different forms of dispute resolution and will be encouraged to develop their ability to evaluate the effectiveness of particular interventions, especially when used as an adjunct to court proceedings. The module tracks historic and current developments in relation the use of ADR, highlighting how government policy and courts appear, increasingly, to sanction failure to use ADR. This may well enhance students’ opportunities to hone career-advancing expertise in the field.

The module focuses on current issues in the law and practice of international business and trade law from critical perspectives. This includes exposing deficiencies in the regulation of international trade finance, international marketing operations, Countertrade, international commercial dispute settlement mechanisms and corruption in international business. The module considers the involvement of emerging business and financial jurisdictions in international trade. It broadly explores the inequities of global integration of international trade law and considers the influences of European Union law and those of leading developed economies and financial jurisdictions on regulation and actual practice of the field of international business transactions. Attention will be given to specialist and emerging areas of law such as international mergers and acquisition as well as philosophical aspects of international trade such as the Lex Mercatoria. It seeks to provide a comparative overview of emerging trends in international business regulation and aims to make students aware of ethical dimensions of international business transactions. Topics to be covered include International Trade within the contexts of public and private international law and international politics; Development and underdevelopment of commercial laws in international trade; mergers and acquisitions; counter trade as an alternative to current system of international business and trade; international franchising and agencies abroad; international commercial dispute settlement mechanisms; international corruption and the bribery of foreign officials; doctrine and practice of the New Lex Mercatoria.

This module introduces the origins, evolution and impact of international economic law—that is, the regulation by (primarily) states and international organisations of international economic activity, such as the movement of goods, services, capital and people.

It takes a critical sociolegal approach to the field in the sense that it considers economic, social, political and cultural dimensions; and emphasises the existence of multiples perspectives, in particular of individuals and organisations; in the public, private, and third sectors; in relatively poor and relatively rich economic contexts; in times of calm and of crisis; and on local, national, regional and global levels.

This module examines the intersections between forms of legal regulation or 'government', conceptions of power and power-spatial configurations. It traces elements of such intersections accessibly with the aid of insights from a variety of the most relevant sub-fields (including legal geography, architectural history and theory, critical planning studies, urban design, spatial studies, anthropology, legal theory and philosophy). It interrogates the intersections in question both through a thorough introduction to all the contemporary relevant theories and practices of spatial power configuration and with a focused 4-week seminar preparation of a unit theme, each year, on a particular city or relevant event or project which informs the assessment set.

The module will cover the historical development of mental health law (in brief), the Mental Health Act 1983, civil and criminal admissions to hospital, consent to treatment, capacity, sections of the Mental Capacity Act 2005 relating to deprivation of liberty, discharge (including the role of the Mental Health Review Tribunal) and care in the community; proposals for reform; interaction with the criminal justice system.

A central question of this module is whether, and to what extent, there is anything distinctive about legal reasoning compared to other forms of reasoning. That question is posed from the perspective of a legal practitioner, in particular, an advocate. The aim of the module is to equip students – as potential advocates, but also in general – with a range of tools and skills of argument that are easily transferrable across legal and non-legal contexts. In short, to teach transferrable critical thinking skills within a legal context.

It is a premise of the module that any competent advocate, or indeed lawyer, must demonstrate a proficient grounding in basic logic. The module introduces students to basic forms of logical argument and explores the role and limits of logical inference in legal reasoning and generally. It considers both logical and psychological factors that may lead to flawed reasoning. The module also touches on other forms of reasoning of particular relevance to law including practical, statistical, policy-based and rhetorical forms.

The aim of most reasoning, including legal reasoning is to persuade. The module will therefore introduce students to the skills of legal persuasion via written and oral advocacy.

The theoretical background will provide the basis upon which students will learn to construct effective (legal) arguments and to practice the skills learned in a variety of written and oral contexts including skeleton arguments and mooting

This module will focus on the way in which the law defines and constructs privacy, breach of confidence, cybersecurity threats, and e-surveillance in the UK, EU and elsewhere as appropriate (e.g. North America, Australia) and how the law regulates data protection, freedom of information, consent for digital and personal information collection, use and sharing, and e-surveillance. Students will be asked to critically examine whether privacy protection laws, consent, and confidentiality measures are fit for purpose and proportionate given demands of the market, the state, and public administrations to collect, use, and share personal information for reasons of commerce, service provision, and security protection. Students will be challenged to critically examine how personal, financial, health, and economic transactional data are managed, who has access to this information, and for what purposes. The module will require students to assess emerging legal, regulatory, data protection and personal privacy issues raised by widespread access to personal information, including data generated by social media, electronic commerce, state security agencies, and health administrations. The curriculum will explore rapidly changing privacy and data protection issues including the 'right to be forgotten', the Internet of Things (IoT), cybersecurity law in a post-Snowden world including Safe Harbours, data retention and reuse implications of the UK National DNA database, biobanks, and digital interconnectivity of social media.

The module will examine the role and function of international law in regulating relations between States and resolving international disputes. It will introduce students to a number of theoretical frameworks through which to understand and critically evaluate international law historically and in context. It will provide students with knowledge and understanding of the origins and development of international law and of its key concepts, principles and rules. The module will enable students to consider the relevance, or otherwise, of international law to contemporary international problems and to critically assess its limitations and effects.

The module will examine the role and function of international law in the use of force between states as well as non-state actors. It will provide students with detailed knowledge and understanding of the origins and development of international law on the use of force and of its concepts, principles and rules governing the use of force (jus ad bellum) and the conduct of armed conflict (jus in bello). The module will enable students to consider the relevance, or otherwise, of international law on the use of force to contemporary international disputes and to critically assess its limitations and effects. This will be achieved through a range of topics and case studies.

The module will examine the evolution, principles, institutions and functions of international human rights law in their political, social and economic contexts. It will provide students with detailed knowledge and understanding of the origins and development of human rights law through critical study and analysis of key theoretical perspectives and debates. The module will enable students to consider the relevance, or otherwise, of international human rights law to historical and/or contemporary challenges and to critically assess its limitations and effects.

This course explores selected global problems in their historical, social, political and economic contexts in light of international legal frameworks. The course begins with an examination of key critical perspectives in international law, such as Third World Approaches to International Law, before moving on to specific topics of historical or contemporary concern. Attention will be paid in particular to systemic problems of the global legal order and students are encouraged to analyse the limits and potential of international law to present solutions to global problems as well as the role played by international law in framing and constituting those problems in the first place.

This module will provide students with a strong grounding in the technical law relating to homelessness, as well as an understanding of some of the key policy debates which underlie this legal framework. The module opens with discussion of social understandings of home and homelessness, before moving to a detailed assessment of the current framework of England's homelessness law. It will examine statute and case law relating to the duties on local authorities to respond to homelessness, including the definition of homelessness; who is "eligible" for housing; the key concepts of priority need and the meaning of vulnerability; what happens when someone is considered to be “intentionally homeless”; and the impact of a connection to another local authority. The review of the contemporary legal structure closes with discussion of the procedure which homeless applicants will undergo and a review of the law and policy relating to allocation policies. The second part of the module places this legal structure in context by examining the history of homelessness provision and regulation; considering responses to homelessness in other jurisdictions and examining the regulation and perceptions of street homelessness.

This module engages with the matter of asylum and refugeehood in both a national and international context. The module offers a thorough introduction to the sources of asylum and refugee law (UK and international) and a critical consideration of the relevant jurisprudence. The module employs at times interdisciplinary material to aid understanding and reflection and engages with the historical and socio-cultural evolution of the government and regulation of asylum and refugee subjects. In addition, the module devotes time to key contemporary problems in asylum and refugee law and current developments and debates in the field.

The module will provide an introduction to immigration law in the United Kingdom. It covers key concepts; the development of the field of law viewed in historical and political context; questions of nationality and the system of immigration control and enforcement. It also considers how EU law and human rights standards impact(ed) UK law governing immigration. In particular, the course covers: The Immigration Debate in the UK: Are Immigration restrictions justified?; The Evolution of Migration Law and Policy in Britain; an appreciation and understanding of the subjects to Immigration Control; the multiple sources of Immigration Law; the case of Long-term Residence Rights; the matter of Family Migration; an outline of Labour Migration; relevant aspects of EU Migration and Free Movement; case studies on Detention and Deportation; as well as an appreciation of the Appeals Process and Judicial Review. Drawing on a range of contextual accounts, policy documents, case law and critical analysis of developments at the national, regional and to a more limited extent the international level, the module enables students to acquire both sound knowledge of the law and critical awareness of the biases, gaps and challenges in the current immigration system.

The module will assume prior knowledge and understanding of the foundational levels of tort law taught in LW315 and LW597/LW651. In the module, students will focus on contentious areas of tort law from a critical perspective. They will look at areas such as those in the following (not exhaustive or all-inclusive) list: reproductive harms, wrongful birth/life, 'toxic torts' and developments in the law on causation, invasion of privacy and/or autonomy, feminist perspectives/critiques on torts, negligent policing (and of other public bodies), tort law and human rights, access to justice, conceptions of justice in/philosophy of tort. Teaching of these areas may be undertaken by ‘experts’ in a particular topic, so the availability of each topic may vary on an annual basis to account for e.g. periods of study leave.

Term 1: The function of the lecture/seminars in term 1 will be to provide students with the underlying theoretical framework for exploring a range of perspectives on the concepts of race, religion, gender and sexuality and their intersections including with other social relations. The classes will also be a forum for discussion, debate, asking questions, and considering diverse perspectives on the concepts being studied including relating them to specific case studies. The second part of the term will be focused on facilitating students to choose an essay question or research project and helping them to prepare their independent research project by developing students' skills in the areas of analysis and argumentation

Term 2. Classes in the first half of the term will be geared towards enabling students to critically engage with and reflect upon the substantive feedback on the plans for their independent research projects. Classes will then move on to prepare students for the oral assessment, which will be a presentation on a contemporary case study of their choice subject to convenors approval. Students will then deliver their presentations in classes. The latter part of the term will be focused on preparing for submission of the final independent research project by; introducing and guiding students through key legal and interdisciplinary texts, and by stimulating debate on and engagement with these texts; developing students’ skills in the areas of analysis and argumentation, and by considering a range of sometimes conflicting perspectives on issues.

Argument occurs across the full spectrum of human interaction - in pubs, at home, in seminar classes, and in professional contexts such as those provided by law, science and medicine. However, despite the importance allotted to argument and the desire of those engaged in arguments to win them, little systematic attention is given to the nature of argument and the practical skills required to argue successfully, even though this information is readily available. The ambition of the module is to equip students with this knowledge base and skills, thereby enabling them to enter into argument more confidently and with a greater prospect of success. The module divides into three parts, the first being a very brief historical and theoretical contextualisation of the topic. The second part of the module treats argument and arguing formally, by mapping the standard forms of argument and by developing the skill of picking out a bad argument from a good one, and by showing how to spot the set of common but typically unnoticed mistakes in one’s own argument or in those of others. The third part of the module turns to the skills of rhetoric and persuasion, including examination of the ploys that are often used to give bad or weak arguments persuasive force. The themes of the module are illustrated throughout using real examples from law and elsewhere.