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Module Specifications

Archived Version 2009 - 2010

Module Title Jurisprudence
Module Code LG327
School School of Law & Government

Online Module Resources

Module Co-ordinatorDr. Brenda DalyOffice NumberC228
Level 3 Credit Rating 5
Pre-requisite None
Co-requisite None
Module Aims
The aim of this module are:- To acquaint students with some of the theories that underpin law and legal principles in the legal systems of the world but with a particular emphasis on the common law legal system;- To teach students how these theories relate to each other;- To teach students the relationship between jurisprudential theory, politics, the legislative process and judicial interpretation; and,- To teach the students the court's approach in Ireland in respect of prevailing theories that currently underpin, or are said to underpin, Irish law.

Learning Outcomes
At the end of the module, students must:- Appreciate that law does not operate in a vacuum but is based on principles and theories that owe their origin to political theory and realities;- Demonstrate a thorough knowledge and understanding of fundamental theories of jurisprudence, the aims of these theories, proponents and influence; and,- Understand how these theories have influenced the political, legislative and judicial process in Ireland and elsewhere.

Indicative Time Allowances
Lectures 0
Tutorials 0
Laboratories 0
Seminars 0
Independent Learning Time 75

Total 75
Assume that a 5 credit module load represents approximately 75 hours' work, which includes all teaching, in-course assignments, laboratory work or other specialised training and an estimated private learning time associated with the module.

Indicative Syllabus
- Jurisprudence: variety of issues; the questions; methodology; substantive context and reality; its value;- Positivism: classical positivism: Bentham and Austin; modern positivism: H.L.A. Hart;- Natural law: classical natural law; naturalist revival; natural law in Irish constitutional interpretation; present-day relevance; Islamic jurisprudence- Marxism- Realism: Scandinavian realism; American realism;- Other theories: pure theory; Dworkin and the rights thesis; critical legal studies; post-modern legal theory; the economic analysis of law; justice theory; the concept of injustice.Themes: Crime and Punishment, the Legal Profession, professional ethics and legal rules, how the administration of justice is examined, measured and reformed including both qualitative and quantitative analysis.
Continuous Assessment0% Examination Weight100%
Indicative Reading List
- Set texts:-- Patterson, A Companion to Philosophy of Law and Legal Theory, Oxford, Blackwell, 1999- Kelly, A Sort History of Western Legal Theory, Oxford, Clarendon Press, 1992 - - Recommended texts:-- Wacks, Jurisprudence, 2nd edition, London: Blackstone, 1990- Dias, Jurisprudence, 5th edition, London: Butterworths, 1985- Lloyd, of Hampstead Lloyd's Introduction to Jurisprudence, 5th edition, London: Sweet and Maxwell, 1985- Dias, A Bibliography of Jurisprudence, 3rd edition, London; Boston Butterworths, 1979- Hart, The Concept of Law, 2nd edition, Oxford: Oxford University Press, 1994- Neumann, The Rule of Law : Political Theory and the Legal System in Modern Society, Dover: Berg, 1986- Simmonds, Central Issues in Jurisprudence, London: Sweet and Maxwell, 1986- Unger, The Critical Legal Studies Movement, Cambridge, Mass: Harvard University Press, 1986- Cotterrell, The Sociology of Law, 2nd edition, London: Butterworths, 1992- Harris, Legal Philosophies, London: Butterworths, 1980- Quinn, (Ed.) Justice and Legal Theory in Ireland, Dublin: Oak Tree Press, 1995- McCoubrey and White Textbook on Jurisprudence, 3rd edition, London: Blackstone, 1999
Programme or List of Programmes
EPLBA in Economics, Politics and Law
EPLYABA in Economics, Politics and Law