What is law? What is its relationship with society? How does it operate? What is the source of its authority? The 'common sense' or ‘liberal’ view of law, often represented by legal institutions and legal actors, is that law is neutral, rational, objective, fair, and independent of political, economic or social imperatives. In this module you will learn about this fundamental liberal account of the nature of law. But you will also learn about alternative ‘critical’ claims about law, which challenge this legal ‘common sense’ by highlighting its contexts, contradictions, omissions and limitations. These critical arguments step outside law’s own, internal viewpoint in order to reveal how its rules, procedures and enforcement are informed and shaped by relationships of power. The module will introduce you to the critical legal approach, its methods and the foundational conceptual tools that will underpin your study of law at Kent.
Lectures -16 hours.
Workshops -16 hours.
In-class group Poster Presentation (15 minutes plus 5 minutes Questions and Answers PLUS Poster-One side of A4). Worth 30% of the total marks for the module.
Written- Individual written portfolio (2000 words) - Worth 70% of the total marks for the module.
Reassessment Method: Single instrument- 100% written assessment (2000 words)
For current reading list see the detailed module information on moodle.
On successfully completing the module, students will be able to:
1) Identify and explain the central tenets of liberal claims about law;
2) Explain key critical legal concepts, theories and texts;
3) Apply critical legal theories and concepts to examples of liberal claims about law;
4) Identify critical legal problems in social and political contexts;
5) Illustrate and assess critical legal problems.
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