The discipline and profession concerned with the customs, practices, and rules of conduct of a community that are recognized as binding by the community. Enforcement of the body of rules is through a controlling authority.
Division & Traditions
- Jurisprudence , Law as an instrument of social policy, Philosophy and method of Law
- Natural law vs. civil law, the former enjoyed by all humans equally, the latter state law
- Private law vs. Public law
- Social restrictions, Social Justice, Crime and punishment, police, effectiveness, criminology.
- Transitional justice
- Legal profession
- Civil Law vs. Common Law.
- Germanic Law, Roman Law, Scandinavian Law, Scottish Law.
- Religious Law (Canon Law, Shariah Law, Talmud and Midrash).
Special Fields of Law
- Law of Obligations
- Law of Contract (Covers all kinds of market transactions), Commercial Contract.
- Restitution (obligations based on unjust enrichment).
- Law of Torts (setting down basic duties we all owe to each other - bodily integrity, mental health, property, reputation, privacy, negligence, and what claims can be brought when those duties are breached).
- Property law
- Criminal law
- Family law. Inheritance law.
- Commercial law. Bankruptcy law. Carriage of goods.
- Procedural law.
- Civil Liberties and Human rights. See also International Law.
- Medical law
- Health and safety
- Labour law
- Environmental law
- Media law
- Constitutional law, law and political structures
- Administrative law
- Tax law
- Laws of judicial procedure
- European Union law
- Private international law
- Public International Law, International law of self-determination
- International Human Rights Law
- International Humanitarian Law
- International Protection of Refugees, Migrants, and IDPs
- International Law of Armed Conflict
- Air law, Land law, Maritime law
- International Criminal Law
- International Economic Law, International trade law
- International Dispute Resolution
- http://www.bailii.org/ with the UK Supreme Court Cases http://www.bailii.org/uk/cases/UKSC/2010/ ; http://www.worldlii.org/ ; Plol legal cases search http://www.plol.org/Pages/Search.aspx ; US Supreme Court reference http://www.oyez.org/
- Law as fact : authority.
- Law as knowledge. Hans Kelsen.
- Law as system of rules. Hart.
- Law as authority.
- Process jurisprudence.
- Law as justification: interpretation Dworking.
- Law as justification : discourse . Habermas.
- Kant and modern liberalism
- Law and Marxism
- Modern theories of justice.
- Law and economics
- Foucault and Law.
- Law and the rule of law. Morality of law. Fuller is especially famous for engaging in a debate on these issues with H.L.A Hart in the 1958 Harvard Law Review. E.g. Fuller’s famous allegory of King Rex in his 1964 book.
History and Philosophy of law
Greek and Roman legal theory especially Stoics and their focus on reason, Middle ages, Classical era of natural law, German transcendental idealism, Historical and evolutionary theories of law, Utilitarianism, Analytical Positivism, Sociological Jurisprudence and legal realism, Revival of Natural Law and Value-oriented Jurisprudence.
Relation legal theory (nature of law) vs. Legal Philosophy (value implications of law).
- For 'realists' all conceptions of law are but illusions.
- The Command theory of law, version of realism seeing laws, not as naturally given by rationalism but decided by political leaders.
- Utilitarianism and the economic analysis of law, Bentham, Richard Posner says that common law rules have resulted from arguments that are economic in nature.
- Punishment, Retributive justice.
- Hans Kelsen and Pure theory of law. Laws are not part of natural reality but norms to which reality can be measured. Kelson : legal prescriptions must be separated from value judgements.
- Legal Realism
- Hart : social functions of law must be incorporated in our conception of law. Fuller and Dworking : the law must include conceptions of moral truth, the "is" with the "ought".
- Freedom and the enforcement or morals.
Nature and functions of law
The need for order, the quest for justice, synthesis of order and justice, law distinguished from other means of social control, Rule of Law.
Sources and techniques of law
Formal and nonformal sources, Law and scientific method, Judicial process.
Contract Law. Commercial Contract. Quality of Goods. Transfer of title. . Company law. Corporate insolvency. Law of business Association, Corporate personality. Liability of company. ...
Law of Contract
Sanctity of promises? Should they always be enforced? Reliancy Theory. What counts as reliance aot disappointment? Delegation of power by the state to individuals to enter into own contracts. Difficult examples, e.g. sale of human body parts or babies for adoption. Social effects? Long-term relations rely on other sanctions that the Law of Contracts. Market-individualism vs. consumer-welfarism?
When is there consent? Acceptance of an offer? Or reasonable conduct that is sufficient to show agreement? Implied consent. Unilateral contracts.
Statutory control over unfair terms.
Misrepresentation and unfair trading practices. Duress, undue influence, and Unconscionability. Remedies.
Law of Torts
La loi du délit.
Duty of care. Breach of duty. Causation and remotenes of care.
Defences to negligence (illegality, Contributory negligence, Volenti non fit injura).
Psychiatric damages. Who has a valid claim, secondary victims.
Life and death. Wrongful birth, unwanted child. Disability. Wrongful death
Remedies and damages.
William of Ockham, John Locke and the the emergence of private property. Original ownership (especially interesting with claims to indigenous title, by "first nations" in e.g. Australia and the US, where political struggle is expressed through land ownership claims). Property and Personality (right to body, and body parts). Hegel and virtual society. Cultural property. Intellectual Property.
- Crime, Criminal Justice and Social Order. What distinguish Criminal law from other normative systems? Criminal law to punich conduct that causes harm? or blameworthy conduct?
The Conceptual Framework of Criminal Law Doctrine:
- Conduct: actus reus - voluntariness, omissions, causation problems (e.g. do drug manufacturers cause the death of customers?)
- Responsibility mens rea - recklessness, negligence, strict liability, transfered malice. (dispute whether these are objectively determined)
- Capacity - infancy, fitness to plead, insanity, diminished responsibility, automatism, intoxication.
- The Structure of Homicide
- Mitigating, Excusing and Justifying Homicide: Self Defence and Provocation
- Corporations and Homicide
- Property and Social Order – The History, Nature and Justification of Property Offences;
- The Contemporary Law of Theft
Non-fatal Violence: Offences Against the Person
- The Law of Rape and its Enforcement
- Accomplice Liability
- Duress, Necessity and Consent
- Regulatory’ Offences and Strict Liability
- Drugs and Criminalisation
- Civil-Criminal Hybrids: The ASBO and the Control Order , e.g. Anti-social behaviour.
As prescribing behaviour for administrations, relations between those inside and those outside the administration. Need for definition of administrative units. Function and character of the state. Governance replacing government implying involvement of a vast array of actors. Impact on administrative law?
Who makes the law? What is the law?
Agentification - Advisory Agencies, Regulatory agencies, Executive agencies, Adjudicative agencies. Sometimes known as Quangos in the UK, common in the US. Problem, seen as taking responsibility from elected government thus escaping accountability.
Regulation - state becoming 'regulatory state' delegating to businesses running the services. Regulatory agencies given impetus during privatisation. Why intervening in markets? What are the techniques for intervening? Case : Credit crisis and financial regulation.
Judicial review - post-WW2 period, focus on rationality, HR, rights-based review.
Alternative dispute resolution - Ombudsmen
Freedom of Information http://www.ico.gov.uk/
Terrorism, Government control orders
Bioethics. Resource allocation. Medical malpractice. Consent. Mental Health law. Confidentiality. Genetic information. Clinical research. Regulation of medicines. Organ transplantation. Embryo and stem cell research. Abortion. Liability for occurrences before birth. Assisted conception. PGD and cloning. End of life decisions. Surrogacy.
Civil Liberties and Human Rights
Difference between civil liberty and liberty. Relation do democracy? Is there a right to security? State of exception, Carl schmitt. Deprivation of liberty- mental health law, deprivation of liberty. Respect for private life. Freedom of religion, religious dress. freedom from discrimination.
Information Technology and Law
Digitisation, regulation. Digital property, virtual property. Cyber speech. Intellectual property rights. Data protection. E-commerce.
Marriage, civil partnership, dissolution, divorce. Financial provision. domestic violence. Children act.
Constitutional Law and Theory
Conflict of Laws
Arbitrating conflict between laws.
Shariah, Islamic Law http://www.uel.ac.uk/faculties/socsci/law/jsrps.html Course at SOAS.
Reading cases in case law
Reading cases properly. Use these two as examples and answer the questions.
1. R(A) v B  UKSC12
Who is the appellant? What are his obligations to his employer? Who is the respondent? What are his administrative law obligations to A? Is this a public or a private law case? Who intervened? What are the rules on intervention? Why did the appellant apply for judicial review? Who sat at first instance? Who sat in the Court of Appeal, what was decided, by whom? What is A now asking for? What statutes were in issue? Did the Human Rights argument strengthen this case? What was A's Argument 1? What did the Court rule? What was A's Argument 2? What did the Court rule? What does s3 of the Human Rights Act provide? How might it be applied in this case? A submitted that to 'force this article 10 challenge into the IPT would inevitably result in breaches of article 6(1)'? What breaches? Why does Article 6(1) apply in this case? What is ouster? What was decided in Anisminic v Foreign Compensation Commission? Why was Anisminic distinguished? Summarise the 'intention of Parliament' argument. What did the Supreme Court rule? Who won?
Supposing you wanted to decide the case for the other party, what would your reasoning be? [one paragraph please]
2. Huang and Kashmiri v Home Secretary  UKHL 11
Who were the appellants in these joined cases and what was their cause of action? What is the governing legislation? How did the case reach the House of Lords? Did the Immigration Appeal Tribunal hear an appeal or conduct a review? Did the House of Lords hear an appeal or conduct a review? Is there a difference? Which articles of the ECHR might be relevant? Was there a human rights argument? Was it helpful? What is the function of the immigration authority? What is the Immigration Appeal Tribunal and what are its functions? Was the decision in Edore v Secretary of State for the Home Department  EWCA Civ 716 overruled? If so, who overruled it? What was said by the Law Lords about proportionality? What do you understand by 'deference? What was said by the Law Lords about 'due deference'? Why should the appellate immigration authority 'assume that the Immigration Rules and supplementary instructions, made by the responsible minister and laid before Parliament, had the imprimatur of democratic approval and should be taken to strike the right balance between the interests of the individual and those of the community'? What is the case against making this assumption? What is the ratio decidendi of this case? What was the outcome of the case? Who paid the costs?
What was said about Huang in Chikwamba v Secretary of State for the Home Department  UKHL 40? How did the facts differ? Did this affect the outcome? What was the government argument? What was said about 'policy'? What further argument might spring from this?
Can you find a case note or article to help you?