Module Descriptions

Core Modules

Critical Introduction to Law***
This module investigates and promotes a critical approach to topics within law and to law itself. Taking a small number of topics and debates within law, the module investigates each from a critical perspective, focusing on themes of knowledge, identity, justice and power. The aim is to enable students to acquire and develop the general skills required for critical thinking and analysis, and more particularly to consider critically our own conception of law and of the institutional structures and concepts within it.

Introduction to Obligations*
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 Obligations II), a key focus is on the institution of the common law through which most of the law of obligations has emerged.

Public Law I*
This module has four main parts: i) An introduction to the English legal system and its constitutional significance; ii) Constitutionalism: What is a state? What is the relationship between the citizen and the state? What is the role of the law? iii) Forms of Government; democracy, federalism and supranational bodies, iv) Constraining the power of the state; human rights, judicial review and administrative mechanisms. This module can also be studied at Stage 2.

Foundations of Property*
‘Property’ is something we tend to presume we know about, and rarely examine closely 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. This course begins to unpack and examine more closely ideas and practices of property. How are property claims constructed? What do we mean by the term ‘ownership’? What happens when a number of competing ‘ownership claims’ in one object exist?

Criminal Law*
This module examines the general principles of criminal law offences against the person and property and general defences, focusing on comparative, historical and philosophical analyses casting particular light on the nature and aims of the criminal law. This module can also be studied at Stage 2.

Droit Constitutionnel et Administratif**
This module introduces the French legal system and French public law, developing an understanding of the role of constitutions and
bills of rights and exploring the reasons for, and implications of, the slow development of a jurisprudential type of administrative law.

Obligations II*
This module primarily deals with the law of tort. This is the law relating to the remedies available for the breach of a duty imposed by the law – as opposed to, for example, that arising from the agreement of the parties (contract). The module explores the law by considering it in the context of social issues, such as disability, human rights, the environment and protection of privacy. A central issue explored is the question of whether we are developing a compensation culture.

Public Law II*
In recent times there has been a shift away from the state’s governance through legislation. This module, an extension of themes covered in Public Law I, examines the impact of this development, asking whether the quasi-governmental mechanisms which are increasingly important in governance have led to a reduction of accountability in government. It also considers the importance and limits of public law in bringing about or managing social change.

European Law*
The legal foundations of the European Union, introduced in Public Law I and II, form the basis of this module which considers the constitutional law of the Union, in particular its political institutions, legal system and the relationship between European and national law. You also examine areas such as the free movement of goods, persons and services, the co-ordination of immigration policy, employment law and environmental law.

Equity and Trusts*
This module is designed not only to introduce the central principles and doctrine of equity and trusts, but also to allow students to place the development of these principles and doctrines in a context that appreciates historical circumstance as well as emergent issues.

Property/Land Law*
The module looks at the rules of private property in land registration and in particular at easement, covenant, estoppel, lease, trust and adverse possession rules, and at the process of conveyance. The module also includes a critical and contextual study of an area which illuminates private property in land.

*required for professional recognition

**required for English and French Law

***not required for Senior Status LLB

Optional modules Stages 2 and 3:

Art Law
Art law has been shaped by a complex relationship between artists, dealers, auction houses, collectors, museums and the state. Topics to be discussed are the definition of art in relation to law, the artist (his rights on the work of art, his freedom of creation and its limits), authenticity and counterfeit art, and the illicit trade in works of art in times of war and in times of peace.

Banking Law
This covers the principal areas of law relating to the accounting profession and aims to provide a coherent analysis of the relationship between law and business.

Company Law and Capitalism
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? This module gives you a critical understanding of the nature and dynamics of modern capitalism and company law. The module traces the rise of the joint stock company in the 19th century and the multinational company in the 20th century, and explores contemporary debates about corporate governance.

Consumer Law
Consumer law and policy is a significant area of UK and EU market regulation. We consider topics such as deceptive and unfair advertising, standard form consumer contracts, consumer credit law, quality standards in goods and services, product safety, consumer redress and access to justice. You also analyse various forms of regulation such as private law, public regulation and enforcement, co-regulation, soft law, shaping market values, and harnessing market incentives.

Critical Legal Theory
This module draws on a range of critical approaches to orthodox legal theory in order to scrutinise liberal ideology as the central tenet of modern law. The central focus of the critical legal approach is to challenge the notion that oppression has some essential basis, and that the (legal) response can have an absolute foundation.

Droit Civil
This module, which is taught in French, introduces you to the concept and implications of codified law, particularly with regard to the powers of legislator and judge to affect change in response to social, economic and ideological changes. Attention is also given to obligations (contract and liability). You also develop skills in presenting legal essays and opinions on court rulings.

Environmental Law I
Environmental Law I discusses the meaning of concepts such as ‘the environment’, ‘pollution’ and ‘sustainable development’ in law. These ideas are then related to environmental quality legislation, concerned with public health and pollution controls. You also look at access to environmental information and alternative approaches to environmental regulation which use market mechanisms. The module places the discussion of environmental laws in context by considering how effective they are in terms of sustainable development.

Environmental Law II
Environmental Law II places emphasis upon the environmental and ecological implications of land use. It examines civil liability for environmental harms and human rights in respect of the environment, and regimes for restricting land use to prevent environmental and ecological harm. This involves looking at land use development controls, EC environmental assessment of projects and plans, as well as laws specifically concerned with the protection of species and habitats. The module places the discussion in context, by considering how effective the law is in terms of appropriate land use, conserving biodiversity and sustainable development.

Ethnic Minorities and the Law
This module seeks to chart the developing presence of ethnic minorities in the modern nation, relating that presence to law and other fields of study in the social sciences, with an emphasis on critiquing notions of identity, ethnicity, assimilation and multiculturalism.

European Comparative Law
This module looks at comparative law as a discipline in itself (aims, functions, merits, dangers, methodology and theory) and comparative law as a means of access to the two principal European legal mentalities (the common law and civil law traditions). Contextual topics include legal imperialism, legal cultures, legal harmonisation and problems of theory in comparative law.

European Legal Method and Legal Theory
You study legal method, and the theories which accompany such method, within the context of the differing models of law in the European Union. The purpose is to examine legal skills, analysis, reasoning and theory at a European level. The content of the module has three dimensions: historical development of methodology and theory in Europe (from Roman law to EU law); reasoning and argumentation in civil law and common law; and epistemological theories. The syllabus covers the methods of Roman, medieval, humanist, Enlightenment, modern and postmodern jurists. European

European Legal Systems
The aim of the module is to provide a basic introduction to the common characteristics which underpin the European (continental) legal systems. It provides a general grounding in the history, culture and mentality of the European legal systems and looks at the historical foundations, the institutional development and the methodological traditions. Particular attention is given to the French and German systems and contemporary developments within these systems.

The Family and the Law
This module focuses on the way law defines, constructs and regulates the family and familial relations. It deals with such topics as marriage and relations between partners, domestic violence, divorce, family dispute resolution, relationships between parents, children and the state, parenthood, children’s rights, child support, and public law provisions for the care, supervision and adoption of children.

Feminist Perspectives on Law
The module addresses the development of feminist legal studies as a discipline and the key debates within it. You examine the following strands of feminist thought: liberal feminism, radical feminism, relational feminism, Marxist and post-structural feminism. You then use these perspectives in the exploration of specific topics such as domestic violence, rape, prostitution, pornography, women and work.

Forensic Science in Criminal Trials
Forensic evidence is often discussed in the media, from articles hailing DNA profiles as a way to prevent miscarriages of justice to those questioning a lay jury’s ability to make a judgement in cases involving highly complex scientific or medical evidence. This module considers how the criminal justice system makes use of forensic science. You analyse the relevant rules of evidence alongside a broad overview of forensic science in the courtroom. You then examine case law and consider topical questions 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 assist juries?

Human Rights and English Law
What principles and concepts are underlying the law relating to human rights? You gain a grounding in the historical development and political philosophy of human rights law; and look at the current protection of human rights in English law, with particular reference to the Human Rights Act 1998 and the European Convention on Human Rights. The module also encourages a critical discussion on the nature and effect of human rights as they are, or might be, expressed in English law.

Immigration, Asylum and Nationality Law
The module introduces the law on migration through an examination of the related fields of immigration law, nationality law and asylum law. The main focus is on British law and policy but you also look at related EU law, the European Convention on Human Rights and other international legal material. The module examines the main legal principles governing migration, the historical evolution of British law and policy in the area, and different normative perspectives with respect to migration.

Intellectual Property Law
You examine a range of practical and theoretical questions about form of property that some commentators have called ‘the new wealth’ of the 21st century. The module examines the main forms of intellectual property (IP) rights: copyright, patents and trademarks (as well as the related topics of passing off and breach of confidence). Topics vary but may include: should musical parodies be permitted? Who benefits from IP? Other topics may include copyright and the internet, and patents, copyright and socio-economic development in the global South.

International Business Transactions
You study the law relating to aspects of international business, such as export/international sale of goods, their transportation, finance and insurance implications, marketing operations abroad, and dispute settlement matters and mechanisms.

International Law
The module provides a basic but substantial understanding of the rules and procedure of international law, a critique of the relationship between political power and international law, an understanding of the possibilities and limitations of international law in dispute avoidance and resolution, and the application of the above to contemporary international problems.

Labour Law
Students study aspects of the employment relationship including the contract of employment, employment protection (for example unfair dismissal and redundancy protection), antidiscrimination legislation and provisions for reconciling work and family life (such as pregnancy protection and parental leave). The module also explores aspects of collective labour law including the role of trade unions, the legal regulation of collective bargaining and industrial conflict. Students can choose to develop these skills within the Kent Law Clinic by participating in live casework.

Law and Literature
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. You also examine law as ‘performance’ – the roles assigned and the drama of the court room.

Law and Medical Ethics
You consider medical law in its social, ethical, political and historical contexts. First you study the fundamental principles of medical ethics and the law, then look at issues of resource allocation, medical negligence, consent, confidentiality and research. Topics covered in detail include abortion, reproductive technologies, transplantation and organ donation, and issues relating to death and dying.

Law and Political Theory
You examine political theory in relation to sovereignty, law, and violence. For instance, the notion of sovereignty is central to what is regarded as legitimate and illegitimate violence. What is the difference, in political and juridical terms, between a soldier who sacrifices her/his life for the nation and a suicide bomber whose death also has a political agenda? How can institutional or legalised violence such as colonialism or apartheid be dealt with by individuals and social orders? The examination of case studies allows you to explore the significance of political theory to contemporary legal issues such as: terrorism, refugee’s postcolonial law, ‘war on terror’, sovereignty in the EU, and Empire.

The Law and the Media: Freedom of Expression as it Relates to the Media
This module explores the relationship between the media and the legal restrictions placed upon freedom of expression. Why are these restrictions in place and who do they protect? The module considers who imposes these restrictions – what we should read, hear or watch. It also asks whether these restrictions are justified. The law relating to the media continues to develop and is now increasingly influenced by the Human Rights Act and decisions from the European Court of Human Rights.

Law and Society: Regulating Communities
How do communities govern themselves, and what roles do law and social norms play in this process? What authority do intentional communities possess when it comes to rule-breaking? What is the relationship between community rules and state law? Can communities function without rules? And is institutional lawbreaking analogous to individual disobedience? Topics include: legal pluralism and legal consciousness; mediating conflict in long-term relationships; norm following among strangers; anarchic communities; the regulation of smoking, and illegal actions by state bodies.

The Law of Evidence
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, and improperly obtained evidence. The module also introduces students to the process of inferential logic.

Law of the Workplace
The focus is on an interdisciplinary approach to labour law: you cover the principles of individual employment law while developing legal skills such as reading cases and statutes and accessing legal material. You look at discrimination law as well as addressing ‘collective’ labour law issues, for example, the law relating to trade union organisation, collective bargaining, and industrial conflict. Throughout the module you are encouraged to reflect critically on the law’s role in society.

Legal Aspects of Contemporary International Problems
This module allows you to produce original research in a topic with international law significance. The objective is to write a piece of work that is as near as possible to publishable quality. In essence this is a module in legal writing and research. However, most topics chosen are more than simply legal problems and have historical, social and political aspects that require critical exploration.

Legal History
Law has been described as ‘frozen history’. In other words, the legal rules, apparatus and institutions do not exist in a vacuum but are part of, and reflect, dynamic changes in cultural, political and economic conditions. Hence the history of law is intimately associated with social change, and what we understand of law today is contextualised by all that has gone before. Adopting this approach, this module explores constitutional and legal changes in England, with an emphasis on the period from the 16th to the 18th century.

Mental Health Law
The module examines the legal issues encountered by people with mental health problems. It explores the concerns and legal remedies associated with mental disability, including the operation of tribunals and the interaction between mental health law and the criminal justice system. Students observe tribunals and may participate in a mock tribunal.

The Philosophy of Law
This module is designed for those who are interested in reflective speculation about law. What is law or? Should we value it? Should we obey it? What is its relation to justice, to morality and to politics? The module is divided into two parts; the first takes the form of an examination of the major schools in legal philosophy that continue to have influence today, the second is a critical reading of a single work in the subject.

Policing
The police represent the clearest boundary between the citizen and the state – this module examines their origins and development and their current organisation as well as the evolution of the strategies of policing. It looks at the powers of the police in relation to investigative and deployment techniques, as well as issues of accountability for decisions and actions. Underlying the module is an exploration of the role of policing within a liberal, democratic society.

The Skills of Argument –How to Argue and Win 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. This module aims to equip you with the skills to enter into arguments more confidently and with a greater prospect of success. You discuss the standard forms of argument and how to spot a good or bad argument. You also look at the skills of rhetoric, including the ploys often used to give persuasive force to a weak argument.

Topics in the Law of Obligations
Topics vary but could include examples such as the dichotomy between debt and damages, between monetary and nonmonetary remedies, between public and private law and between property and obligations. You also look at general principles of law such as good faith and abuse of rights, liability for statements, economic loss (including the economic torts), and indeed the whole notion of a law of obligations itself.

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Module Descriptions

Core Modules

Optional modules Stages 2 and 3: