Law - LLB (Hons)

The module will introduce students to critical legal techniques grounded in critical legal and social theory. 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.

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Section 1 Introduction to Obligations

a)The nature of the common law and its development.

b)The idea of precedent and legal reasoning.

c)The distinction between public law and private law.

d)The main divisions of obligations.

e)Drafting case notes

Section 2 Introduction to the law of contract

a) The historical development of contract law and its functions in the modern world.

b) A special area of study in contract e.g. formation and modification of contracts.

Section 3 Introduction to tort

a) The historical development of tort. An overview of different types of tort. The centrality of the tort of negligence and its role in the modern world.

b) A special study in tort – e.g. trespass to the person.

Section 4 Conclusion

A summary; guidance to legal problem solving.

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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.

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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.

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As one of the Foundations of Legal Knowledge, these modules have a direct contribution to qualification as a solicitor or barrister in England and Wales). The content of these modules is informed, therefore, by the requirements of the Solicitors Regulation Authority and Bar Standards Board and each serves to provide students with substantive knowledge of English criminal law. The module therefore covers the following:

• Introduction to the concept of crime, the structure of criminal justice and the general principles of liability

• Harm and the boundaries of criminal law

• Considering cases – how to effectively summarise cases and write a case note

• Murder

• Defences to murder

• General defences

• Manslaughter

• Non-fatal offences against the person

• Sexual offences

• Inchoate offences

• Complicity

• Property-related offences

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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

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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 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 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.

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This module will build on the knowledge that students will have acquired during Stage 1 [such as in LAWS5880 (LA588) Public Law 1] . This module will develop student learning by focusing on foundational legal aspects of EU law as well as rules governing selected substantive areas of EU law, also taking into account the relevance of these rules to the UK. The module convenor will set out specific areas of study in the relevant module guide.

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This module introduces the student to the jurisprudence of equity and trusts. Building on knowledge and understanding developed in LAWS3160/LAWS5316 Foundations of Property and LAWS5990 Land Law, but also LAWS6500 Law of Contract and private law more generally, the module examines equity's contributions to private law and jurisprudence. The module is designed to challenge the somewhat dull image of this area of law and to encourage a critical and imaginative understanding of the subject. Departing from conventional approaches, this module does not study equity merely in regards to its role as originator of the trust. Equity is instead acknowledged to be what it really is a vital component of the English legal system, a distinct legal tradition possessing its own principles and method of legal reasoning, and an original and continuing source of legal development in the sphere of remedies. The law of equity and trusts is contextualised within a historical and jurisprudential inquiry, providing a 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 of that between legal outcomes, pragmatic concerns and policy objectives.

The module begins with the problem of equity as a problem of definition, of jurisprudence, and of jurisdiction – and identifies a set of questions that will animate the course, before turning to the nature and range of equitable remedies. Students will then examine equitable remedies concerned with reviewing intentions so as to undo or unwind transactions, such as gifts and contracts, and remedies concerned with enforcing informally expressed intentions. The course then turns to the trust and fiduciary obligations, looking at the transformation of the trust, both in terms of its functions and its management, and the remedies available to enforce trust and fiduciary obligations. The course ends by returning to the problem of equity and asking, in the context of restitution and contemporary understandings of the role of law, the extent to which equity continues to have a role in modern law.

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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.

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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 LAWS3150 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.

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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.

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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 have been, are, ought to and/or might be expressed in English law.

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This module considers the legal regulation of medical practice in its ethical, socio-economic and historical context, drawing on a range of critical, contextual and interdisciplinary perspectives. Students will be introduced to fundamental principles of medical ethics and the law, before moving on to discuss the wider aspects of ethical theory within selected topics. We concentrate on issues at the beginning of life (including abortion, surrogacy, assisted conception, genetics and embryo research) and at its end (euthanasia, futility and withdrawal of treatment), as well as body ownership, transplantation and organ donation.

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This module seeks not only to familiarise students with the basic concepts and structure of modern 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?

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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.

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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.

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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 course.

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Students on this module must become members of the Kent Law Clinic, and work 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, legal work in two areas 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 sufficient substantial work for the purposes of this module. Students are required to carry out this work to the high professional standards expected of paralegal staff employed by solicitors.

In addition, students must carry out, also under supervision, the usual tasks associated with the conduct of legal casework such as case and file management, statement and précis drafting, legal research, interviewing, legal drafting, corresponding, negotiating, advocating, instructing counsel; and orally (or in briefing notes) presenting, explaining and discussing cases and projects (especially with Supervisors and in Clinic Seminars and Meetings).

Students will read and where relevant apply the Law Clinic's Case Management Guidelines. The first purpose of these Guidelines is to facilitate the proper conduct of clients' cases and of projects. Students will maintain a Student Folder, which will contain all drafts and research papers used by the student in respect of all casework or projects undertaken by that student. These are papers of primary relevance to the student but not the client. They will help to evidence the preparatory and research work undertaken by students, which may not be signalled in the Client Files.

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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

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The module is taken over two terms. It begins with lectures introducing the trajectory of a research project, the use of library resources, primary and secondary material, use of citations and constructing a bibliography etc. This introduces students to a route map through the research process from an initial "problem" to formulating a suitable “research question”, to choosing a method and research design, to conducting the research; from taking notes to drafting chapters; from deciding on the chapter breakdown to the writing of the dissertation; from developing an argument to presenting it in written form. However, the main experience of the module is found in the supervision process between supervisor and student, who between themselves decide on the specific plan for the research programme.

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The module is taken over one term. Students will attend a small number of lectures introducing the trajectory of a research project, the use of library resources, primary and secondary material, use of citations and constructing a bibliography etc. The main experience of the module is found in the supervision process between supervisor and student, who between themselves decide on the specific plan for the research programme.

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This module investigates the relationship between law and social change, and explores the political, economic and social dynamics that affect this relationship over time. The module 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 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 political, economic and social contexts?

• What are the obstacles and limitations to the law contributing to and creating social change? How is the context in which the law operates important in this analysis?

• 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 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 eventually 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.

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This module is designed to provide an understanding of the interrelationship between political theory and law in modernity. Drawing upon political theory it explores ideas of law, power, resistance, community, sovereignty and the subject. The objective is to build a solid understanding of political theory in relation to these key concepts, and then use this understanding to examine contemporary political and juridical questions such as those of democracy and citizenship; multiculturalism, bio-politics, secularism, terrorism, post-colonialism and contemporary formations of Empire. In so doing, the module seeks to equip students with the necessary intellectual tools for deploying insights from political theory and philosophy to the study of law.

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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 for students to be introduced to material they may not be familiar with as well as a chance to pursue an interest they 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.

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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.

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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 cases 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.

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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.

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The curriculum is in three parts:

(1) A historical, sociological and political contextualisation of argument and arguing. The aims of argument will be investigated through these perspectives, enabling students to develop a critical approach to argument, and supplementing the skills of argument by raising students' awareness of the premises and assumptions within which argument takes place. The distinction of argument from other modes of interaction and expression will be considered by relation to these contexts.

(2) The second part of the module treats argument and arguing formally, both by mapping the standard forms of argument, and by showing formally how to pick out a bad argument from a good one. This part of the module thus investigates deductive and inductive reasoning, argument by analogy, and the use of supportive evidence and the structure of justification, and attends carefully to the set of formal fallacies in argumentation. These topics are illustrated throughout by attention to real examples from law and elsewhere, with attention given to how formal argument is constructed and to the skills required to identify formal fallacies. This knowledge base is used by students to develop their own skills of formal argument and their ability to critique the argument of others.

(3) The third part of the module turns to the skills of rhetoric and persuasion, including examination of the ploys and devices that are often used to give bad or weak arguments persuasive force. Attention will be given to aspects of coherence and cogency arising from studies in linguistics and the philosophy of language, and a particular focus will be given to arguments drawing on authority, using law in illustration. Again, students will be expected to develop their own skills in these regards, using rhetoric and other devices both to support good argument and to lend weak argument greater persuasive force.

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Weeks One-Four: Introduction to the broad field of Science and Technology Studies (STS), and how this body of work is relevant for the study of law; introduction to law and anthropology studies that engage STS

Weeks Five-Ten: Specific and topical case studies relating theory to concrete examples, including debates over genetically modified foods; legal-political disputes over ownership of biogenetic materials in context of pharmaceutical industry and agricultural sector; reproductive technologies, and others.

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Block 1. Critical introduction to major theories of morality: virtue theory (incl. feminist ethics of care), deontological theory (incl. natural law theory and 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

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The module is taken over one term. Students will attend a small number of lectures, introducing the trajectory of a research project, the use of library resources, primary and secondary material, use of citations and constructing a bibliography etc. The main experience of the module is found in the supervision process between supervisor and student, who between themselves decide on the specific plan for the research programme.

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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; the national effects of the development project; and the movement 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; and the intersection between security and developmental concerns and discourses.

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This course will afford students the opportunity to explore the moral and ethical questions surrounding legal practice in both a theoretical and a practical way. Starting with some philosophical arguments about whether and how lawyers might have specifically moral responsibilities, they will then be equipped to test such arguments in the context of case studies from real legal practice. This course will provide an intellectually demanding introduction to the academic study of legal ethics, which will push students to hone their skills of argumentation, analysis and critique.

Block 1. Why Legal Ethics? The course will start with an exploration of the moral reasoning and arguments that justify the notion of 'legal ethics'. This first block of seminars will introduce students to the theoretical questions which precede any acceptance of the practice of law as having a moral dimension.

Block 2. Case Studies and the Ethical Issues they raise. Starting with the case of the so-called ‘torture lawyers’ from the ‘war on terror’ of the American Bush administration, students will be asked to reflect on and discuss several case studies as starting points for discussion of issues in ‘legal ethics’ broadly conceived, including: responsibility for ‘doing wrong’, complicity, upholding human rights, conflicts of interest, integrity, the adversarial system as an excuse for moral neutrality or worse and confidentiality.

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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.

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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 to 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.

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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 peculiar problems that emerging business and financial jurisdictions face in their involvement in international trade. It broadly explores the inequities of global integration of international trade law and considers the influences of European Community 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.

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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 socio-legal 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.

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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.

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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.

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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.

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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. This will be achieved through a range of topics and case studies.

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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.

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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.

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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.

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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.

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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.

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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. This is complemented by a clinic element that offers some students the opportunity to gain fist-hand experience of applying immigration law through working the Kent Law Clinic.

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This module is designed to provide an understanding of the interrelationship between postcolonial theory and law in modernity (late nineteenth century to the present). More specifically, drawing upon postcolonial theory and critique it explores the historical relationships of power, domination, practices of imperialism, colonialism and globalization and the role of law in this context. In particular, the module pays attention mainly to two aspects of the relationship between law and postcolonial studies: the ways in which law and legal technique have been utilised in the context of European colonization and what the contemporary implications of this may be, and the ways in which postcolonial theory has influenced critical legal studies, and aided in the development of post-colonial legal theory.

The objective is to build a solid understanding of the relationship between postcolonial theory and law through some of the key texts that have shaped the field of postcolonial studies and law from the Subaltern Studies School to postcoloniality, and to more recent approaches such as globalization and decolonization. The texts used in the module are situated in a diverse range of disciplines, including history, social theory, philosophy, literature, cultural studies and law. They cover key themes such as race, community, identity, 'otherness' gender, sexuality, sovereignty/border making, governmentality, bio-politics, epistemic violence of western regimes of knowledge including legal knowledge, and justice. To students who are interested in undertaking research in the areas of human rights, international law, indigenous rights, jurisprudence and critical legal theory, an understanding of these texts is indispensable.

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This module will 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. In doing so, the module will serve as a forum for discussion, debate, asking questions, and considering diverse perspectives on the concepts being studied, including relating them to specific case studies. The module will encourage students to choose an essay question or research project, and will help prepare them for it by; introducing and guiding students through key legal and interdisciplinary texts, stimulating debate on and engagement with these texts; developing students' skills in the areas of analysis and argumentation, and considering a range of sometimes conflicting perspectives on issues. Students will formulate a plan for their independent research project. The plan will provide an opportunity for students to critically engage with, and reflect upon, substantive feedback. This will be further supported by an oral assessment, in the form of an in-class presentation on a contemporary case study.

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The overall objective of the module is to provide an exposition and appreciation of Sports Law, considering key elements of the legal and institutional framework. Sport in the UK (as elsewhere) is now subject to a very wide range set of systems of supervision involving the application of principles and institutional governance subject to a wide spectrum of legal sources, including public and private law, national and international law as well as sui generis dispute resolution systems such as the Court of Arbitration for Sport based in Switzerland. The module will develop student learning by focusing on a range of legal topics and issues, which constitute integral key components of Sports Law.

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From the introduction of writing in criminal trial processes, right through to use of AI to machine-analyse legal documents, the law has always transformed its own practice through the adoption of "non-legal" technologies. Today, blockchain and other distributed ledger technologies have made possible the creation of new kinds of legal documents—for example, “smart contracts” that are self-executing and self-enforcing. Hand-held mobile devices and instant messaging have transformed lawyer-client relations. Beyond new documents or networked communication mechanisms, however, new technologies like algorithmic machine learning are changing the way lawyers, courts and intermediaries do their work. Tomorrow's lawyers, as recent scholarship has argued, will need a new set of skills and ways of working that are fit for the coming age of human-machine hybridity. This module aims to introduce students to some of the major technologies currently being integrated into legal practice, as well as the ways that they are transforming the way law works—and possibly, according to legal scholars, what we mean by “law” itself. By critically situating these new technologies in relation to previous technological (r)evolutions in legal practice—major changes precipitated by technologies like writing, the invention of forms, or the media technology of legal files—this module asks what implications those technologies might have for the lawyer, the court, and for other governmental institutions whose work has traditionally been defined by the pursuit of justice.

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Surveillance Platform Capitalism (SPC) is the use of highly sophisticated algorithms and artificial intelligence to "mine" or extract commercial value from personal data and information about the behaviour of consumers online. The aim of the module is to examine SPC through a socio-legal lens and to provide students with key concepts and interdisciplinary insights to understand and reflect critically on the on the nature and effects of SPC on individuals and society.

The module is divided into three parts. The first section will define and place SPC in historical and socioeconomic context. It will place SPC within the context of the emergence of the surveillant society, drawing on scholarship from Surveillance and Critical Surveillance Studies. It will then define and explore its ideological logic and algorithmic techniques (e.g., online behavioural tracking and targeting, personalisation and recommendation systems, choice-engineering, nudging) informed by scholarship from Algorithmic Governance Studies.

The second part of the module will look at the effects of SPC on individuals and society, using social media as a case study and drawing on New Media & Society Studies. It will examine the effects of SPC on mental health and self-representation and explore its intersection with questions of identity, particularly gender and race. It will then examine the effects of SPC on the production and consumption of journalistic and political communication (e.g. the challenges of echo-chambers, fake news, political advertising).

The final part of the module will look at the regulatory and governance challenges SPC poses, focusing on social media as a case study. It will examine the potential and limitations of different governance models (e.g., state vs self-regulation) to regulate the algorithmic techniques, operators, and digital content of SPC.

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This module builds on the understanding developed in 'LW641Privacy, Data Protection and Cybersecurity Law', which introduces students to the key concepts and issues in the regulatory framework governing including privacy, data protection, and developments in cyber-crime and cyber security. The module promotes in depth, critical enquiry and insight in the subject area using current issues and case studies as a platform for developing specialist knowledge. The module adopts a research led approach engaging students in more tightly focussed study of emerging current issues in the area of data and cyber law than is possible in LW641. The topics treated each year will be subject to annual revision to meet and engage with current issues in the areas of data protection and cyber law.

These topics will take the form of several case studies during the course of the term and will cover such issues as:

• Changes to the use and understanding of privacy.

• Emerging issues in data protection – how do we use of data and what can we consent to?

• For example - tracking apps and health data

• International developments in the protection of data.

• Ethical issues in AI and machine learning

• Cyber law – issues in regulating the internet

• Understanding cyber-crime – prosecuting cyber enabled and cyber dependent crime

The choice of specific case studies in the module will be made annually by colleagues involved in delivery of the module, based on current cases, issues and research projects.

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The law of succession (also known as inheritance) is a core area of legal and socio-economic practice enabling, and sometimes mandating, the transfer of wealth from one generation to another. Common law jurisdictions, such as England, Australia and America, are often described as upholding the principle of 'freedom of testation'. This course provides a critical introduction to the law of succession, in particular the nature of wills, will formation, and the administration of estates; it will assess the problem of intestacy (dying without a will); it will critically evaluate the principle of ‘freedom of testation’ with regard the limitations placed on freedom of testation and through comparative analysis with other jurisdictions.

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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 have been, are, ought to and/or might be expressed in English law.

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The module aims to provide students with: an understanding of the adversarial trial structure and its impact on the content of the law of evidence, particularly in the context of the criminal trial; an understanding of forensic reasoning skills; a familiarisation with the content of some of the key evidential rules; encouragement to identify and debate current issues within the law of evidence with confidence, including the importance of due process and how it relates to notions of truth and fact finding; and the ability to apply the legal rules and principles within a critical framework.

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This module considers the legal regulation of medical practice in its ethical, socio-economic and historical context, drawing on a range of critical, contextual and interdisciplinary perspectives. Students will be introduced to fundamental principles of medical ethics and the law, before moving on to discuss the wider aspects of ethical theory within selected topics. We concentrate on issues at the beginning of life (including abortion, surrogacy, assisted conception, genetics and embryo research) and at its end (euthanasia, futility and withdrawal of treatment), as well as body ownership, transplantation and organ donation.

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This module seeks not only to familiarise students with the basic concepts and structure of modern 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?

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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.

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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.

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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 course.

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Students on this module must become members of the Kent Law Clinic, and work 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, legal work in two areas 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 sufficient substantial work for the purposes of this module. Students are required to carry out this work to the high professional standards expected of paralegal staff employed by solicitors.

In addition, students must carry out, also under supervision, the usual tasks associated with the conduct of legal casework such as case and file management, statement and précis drafting, legal research, interviewing, legal drafting, corresponding, negotiating, advocating, instructing counsel; and orally (or in briefing notes) presenting, explaining and discussing cases and projects (especially with Supervisors and in Clinic Seminars and Meetings).

Students will read and where relevant apply the Law Clinic's Case Management Guidelines. The first purpose of these Guidelines is to facilitate the proper conduct of clients' cases and of projects. Students will maintain a Student Folder, which will contain all drafts and research papers used by the student in respect of all casework or projects undertaken by that student. These are papers of primary relevance to the student but not the client. They will help to evidence the preparatory and research work undertaken by students, which may not be signalled in the Client Files.

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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

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The module is taken over two terms. It begins with lectures introducing the trajectory of a research project, the use of library resources, primary and secondary material, use of citations and constructing a bibliography etc. This introduces students to a route map through the research process from an initial "problem" to formulating a suitable “research question”, to choosing a method and research design, to conducting the research; from taking notes to drafting chapters; from deciding on the chapter breakdown to the writing of the dissertation; from developing an argument to presenting it in written form. However, the main experience of the module is found in the supervision process between supervisor and student, who between themselves decide on the specific plan for the research programme.

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The module is taken over one term. Students will attend a small number of lectures introducing the trajectory of a research project, the use of library resources, primary and secondary material, use of citations and constructing a bibliography etc. The main experience of the module is found in the supervision process between supervisor and student, who between themselves decide on the specific plan for the research programme.

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This module investigates the relationship between law and social change, and explores the political, economic and social dynamics that affect this relationship over time. The module 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 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 political, economic and social contexts?

• What are the obstacles and limitations to the law contributing to and creating social change? How is the context in which the law operates important in this analysis?

• 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 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 eventually 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.

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This module is designed to provide an understanding of the interrelationship between political theory and law in modernity. Drawing upon political theory it explores ideas of law, power, resistance, community, sovereignty and the subject. The objective is to build a solid understanding of political theory in relation to these key concepts, and then use this understanding to examine contemporary political and juridical questions such as those of democracy and citizenship; multiculturalism, bio-politics, secularism, terrorism, post-colonialism and contemporary formations of Empire. In so doing, the module seeks to equip students with the necessary intellectual tools for deploying insights from political theory and philosophy to the study of law.

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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 for students to be introduced to material they may not be familiar with as well as a chance to pursue an interest they 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.

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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.

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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 cases 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.

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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.

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The curriculum is in three parts:

(1) A historical, sociological and political contextualisation of argument and arguing. The aims of argument will be investigated through these perspectives, enabling students to develop a critical approach to argument, and supplementing the skills of argument by raising students' awareness of the premises and assumptions within which argument takes place. The distinction of argument from other modes of interaction and expression will be considered by relation to these contexts.

(2) The second part of the module treats argument and arguing formally, both by mapping the standard forms of argument, and by showing formally how to pick out a bad argument from a good one. This part of the module thus investigates deductive and inductive reasoning, argument by analogy, and the use of supportive evidence and the structure of justification, and attends carefully to the set of formal fallacies in argumentation. These topics are illustrated throughout by attention to real examples from law and elsewhere, with attention given to how formal argument is constructed and to the skills required to identify formal fallacies. This knowledge base is used by students to develop their own skills of formal argument and their ability to critique the argument of others.

(3) The third part of the module turns to the skills of rhetoric and persuasion, including examination of the ploys and devices that are often used to give bad or weak arguments persuasive force. Attention will be given to aspects of coherence and cogency arising from studies in linguistics and the philosophy of language, and a particular focus will be given to arguments drawing on authority, using law in illustration. Again, students will be expected to develop their own skills in these regards, using rhetoric and other devices both to support good argument and to lend weak argument greater persuasive force.

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This module will focus on the way in which the law defines and constructs the family, and the way in which it regulates family breakdown. The module will examine, broadly, the institution of marriage and relations between partners, which might include definitions of the family, marriage, civil partnerships and cohabitation, domestic violence, divorce and family dispute resolution. The module will also examine the relationship between parents, children and the state, which might include reproductive technology, parenthood, children's rights, and private law disputes over post-separation arrangements for children.

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Weeks One-Four: Introduction to the broad field of Science and Technology Studies (STS), and how this body of work is relevant for the study of law; introduction to law and anthropology studies that engage STS

Weeks Five-Ten: Specific and topical case studies relating theory to concrete examples, including debates over genetically modified foods; legal-political disputes over ownership of biogenetic materials in context of pharmaceutical industry and agricultural sector; reproductive technologies, and others.

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Block 1. Critical introduction to major theories of morality: virtue theory (incl. feminist ethics of care), deontological theory (incl. natural law theory and 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

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The module is taken over one term. Students will attend a small number of lectures, introducing the trajectory of a research project, the use of library resources, primary and secondary material, use of citations and constructing a bibliography etc. The main experience of the module is found in the supervision process between supervisor and student, who between themselves decide on the specific plan for the research programme.

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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; the national effects of the development project; and the movement 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; and the intersection between security and developmental concerns and discourses.

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This course will afford students the opportunity to explore the moral and ethical questions surrounding legal practice in both a theoretical and a practical way. Starting with some philosophical arguments about whether and how lawyers might have specifically moral responsibilities, they will then be equipped to test such arguments in the context of case studies from real legal practice. This course will provide an intellectually demanding introduction to the academic study of legal ethics, which will push students to hone their skills of argumentation, analysis and critique.

Block 1. Why Legal Ethics? The course will start with an exploration of the moral reasoning and arguments that justify the notion of 'legal ethics'. This first block of seminars will introduce students to the theoretical questions which precede any acceptance of the practice of law as having a moral dimension.

Block 2. Case Studies and the Ethical Issues they raise. Starting with the case of the so-called ‘torture lawyers’ from the ‘war on terror’ of the American Bush administration, students will be asked to reflect on and discuss several case studies as starting points for discussion of issues in ‘legal ethics’ broadly conceived, including: responsibility for ‘doing wrong’, complicity, upholding human rights, conflicts of interest, integrity, the adversarial system as an excuse for moral neutrality or worse and confidentiality.

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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.

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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 to 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.

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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 peculiar problems that emerging business and financial jurisdictions face in their involvement in international trade. It broadly explores the inequities of global integration of international trade law and considers the influences of European Community 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.

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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 socio-legal 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.

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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.

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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.

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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.

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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. This will be achieved through a range of topics and case studies.

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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.

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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.

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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.

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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.

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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.

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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. This is complemented by a clinic element that offers some students the opportunity to gain fist-hand experience of applying immigration law through working the Kent Law Clinic.

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The module will assume prior knowledge and understanding of the foundational levels of tort law taught in LAWS3150 and LAWS5970/LAWS6510. 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.

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This module is designed to provide an understanding of the interrelationship between postcolonial theory and law in modernity (late nineteenth century to the present). More specifically, drawing upon postcolonial theory and critique it explores the historical relationships of power, domination, practices of imperialism, colonialism and globalization and the role of law in this context. In particular, the module pays attention mainly to two aspects of the relationship between law and postcolonial studies: the ways in which law and legal technique have been utilised in the context of European colonization and what the contemporary implications of this may be, and the ways in which postcolonial theory has influenced critical legal studies, and aided in the development of post-colonial legal theory.

The objective is to build a solid understanding of the relationship between postcolonial theory and law through some of the key texts that have shaped the field of postcolonial studies and law from the Subaltern Studies School to postcoloniality, and to more recent approaches such as globalization and decolonization. The texts used in the module are situated in a diverse range of disciplines, including history, social theory, philosophy, literature, cultural studies and law. They cover key themes such as race, community, identity, 'otherness' gender, sexuality, sovereignty/border making, governmentality, bio-politics, epistemic violence of western regimes of knowledge including legal knowledge, and justice. To students who are interested in undertaking research in the areas of human rights, international law, indigenous rights, jurisprudence and critical legal theory, an understanding of these texts is indispensable.

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This module will 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. In doing so, the module will serve as a forum for discussion, debate, asking questions, and considering diverse perspectives on the concepts being studied, including relating them to specific case studies. The module will encourage students to choose an essay question or research project, and will help prepare them for it by; introducing and guiding students through key legal and interdisciplinary texts, stimulating debate on and engagement with these texts; developing students' skills in the areas of analysis and argumentation, and considering a range of sometimes conflicting perspectives on issues. Students will formulate a plan for their independent research project. The plan will provide an opportunity for students to critically engage with, and reflect upon, substantive feedback. This will be further supported by an oral assessment, in the form of an in-class presentation on a contemporary case study.

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The overall objective of the module is to provide an exposition and appreciation of Sports Law, considering key elements of the legal and institutional framework. Sport in the UK (as elsewhere) is now subject to a very wide range set of systems of supervision involving the application of principles and institutional governance subject to a wide spectrum of legal sources, including public and private law, national and international law as well as sui generis dispute resolution systems such as the Court of Arbitration for Sport based in Switzerland. The module will develop student learning by focusing on a range of legal topics and issues, which constitute integral key components of Sports Law.

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From the introduction of writing in criminal trial processes, right through to use of AI to machine-analyse legal documents, the law has always transformed its own practice through the adoption of "non-legal" technologies. Today, blockchain and other distributed ledger technologies have made possible the creation of new kinds of legal documents—for example, “smart contracts” that are self-executing and self-enforcing. Hand-held mobile devices and instant messaging have transformed lawyer-client relations. Beyond new documents or networked communication mechanisms, however, new technologies like algorithmic machine learning are changing the way lawyers, courts and intermediaries do their work. Tomorrow's lawyers, as recent scholarship has argued, will need a new set of skills and ways of working that are fit for the coming age of human-machine hybridity. This module aims to introduce students to some of the major technologies currently being integrated into legal practice, as well as the ways that they are transforming the way law works—and possibly, according to legal scholars, what we mean by “law” itself. By critically situating these new technologies in relation to previous technological (r)evolutions in legal practice—major changes precipitated by technologies like writing, the invention of forms, or the media technology of legal files—this module asks what implications those technologies might have for the lawyer, the court, and for other governmental institutions whose work has traditionally been defined by the pursuit of justice.

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Surveillance Platform Capitalism (SPC) is the use of highly sophisticated algorithms and artificial intelligence to "mine" or extract commercial value from personal data and information about the behaviour of consumers online. The aim of the module is to examine SPC through a socio-legal lens and to provide students with key concepts and interdisciplinary insights to understand and reflect critically on the on the nature and effects of SPC on individuals and society.

The module is divided into three parts. The first section will define and place SPC in historical and socioeconomic context. It will place SPC within the context of the emergence of the surveillant society, drawing on scholarship from Surveillance and Critical Surveillance Studies. It will then define and explore its ideological logic and algorithmic techniques (e.g., online behavioural tracking and targeting, personalisation and recommendation systems, choice-engineering, nudging) informed by scholarship from Algorithmic Governance Studies.

The second part of the module will look at the effects of SPC on individuals and society, using social media as a case study and drawing on New Media & Society Studies. It will examine the effects of SPC on mental health and self-representation and explore its intersection with questions of identity, particularly gender and race. It will then examine the effects of SPC on the production and consumption of journalistic and political communication (e.g. the challenges of echo-chambers, fake news, political advertising).

The final part of the module will look at the regulatory and governance challenges SPC poses, focusing on social media as a case study. It will examine the potential and limitations of different governance models (e.g., state vs self-regulation) to regulate the algorithmic techniques, operators, and digital content of SPC.

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This module builds on the understanding developed in 'LW641Privacy, Data Protection and Cybersecurity Law', which introduces students to the key concepts and issues in the regulatory framework governing including privacy, data protection, and developments in cyber-crime and cyber security. The module promotes in depth, critical enquiry and insight in the subject area using current issues and case studies as a platform for developing specialist knowledge. The module adopts a research led approach engaging students in more tightly focussed study of emerging current issues in the area of data and cyber law than is possible in LW641. The topics treated each year will be subject to annual revision to meet and engage with current issues in the areas of data protection and cyber law.

These topics will take the form of several case studies during the course of the term and will cover such issues as:

• Changes to the use and understanding of privacy.

• Emerging issues in data protection – how do we use of data and what can we consent to?

• For example - tracking apps and health data

• International developments in the protection of data.

• Ethical issues in AI and machine learning

• Cyber law – issues in regulating the internet

• Understanding cyber-crime – prosecuting cyber enabled and cyber dependent crime

The choice of specific case studies in the module will be made annually by colleagues involved in delivery of the module, based on current cases, issues and research projects.

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The law of succession (also known as inheritance) is a core area of legal and socio-economic practice enabling, and sometimes mandating, the transfer of wealth from one generation to another. Common law jurisdictions, such as England, Australia and America, are often described as upholding the principle of 'freedom of testation'. This course provides a critical introduction to the law of succession, in particular the nature of wills, will formation, and the administration of estates; it will assess the problem of intestacy (dying without a will); it will critically evaluate the principle of ‘freedom of testation’ with regard the limitations placed on freedom of testation and through comparative analysis with other jurisdictions.

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