Students preparing for their graduation ceremony at Canterbury Cathedral

Law and Philosophy - BA (Hons)

UCAS code MV15

2018

This degree offers you the opportunity to study the closely related disciplines of Law and Philosophy in a three-year programme, with a pathway offering the opportunity to obtain a Qualifying Law Degree.

2018

Overview

Covering the foundations of law alongside compulsory and optional modules in Philosophy (taught by our highly regarded School of European Culture and Languages), you develop an understanding of the law, taught from a critical perspective which allows you to engage in informed debate about contemporary legal issues (with an understanding of its history and development). You also gain an a complementary understanding of some of the major philosophies and philosophers, contributing your own ideas to an ongoing dialogue about philosophy.

Kent Law School is recognised as one of the leading law schools in the UK. It has an international reputation both for its world-leading research and for the innovative, critical and socio-legal education that it provides.

Please be aware that the Solicitors Regulation Authority and the Bar Standards Board are conducting independent reviews of the legal training and education required to qualify as a solicitor or barrister in England and Wales. These reviews cover the ‘Academic Stage’ of training and may impact upon the role of the law degree as part of the training process. Please see the website of each regulator for more information (the Solicitors Regulation Authority and the Bar Standards Board).

Independent rankings

Law at Kent was ranked 14th in The Times Good University Guide 2017 and 15th in The Guardian University Guide 2018. In the National Student Survey 2017, over 93% of final-year Law students were satisfied with the overall quality of their course. Law at Kent was ranked 15th for overall satisfaction.

Law at Kent was ranked in the top 100 in the QS World University Rankings 2017.

In the National Student Survey 2017, over 94% of final-year Philosophy students were satisfied with the overall quality of their course. Philosophy at Kent was ranked 12th for overall satisfaction.

Teaching Excellence Framework

Based on the evidence available, the TEF Panel judged that the University of Kent delivers consistently outstanding teaching, learning and outcomes for its students. It is of the highest quality found in the UK.

Please see the University of Kent's Statement of Findings for more information.

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Course structure

The course structure below gives a flavour of the modules that will be available to you and provides details of the content of this programme. This listing is based on the current curriculum and may change year to year in response to new curriculum developments and innovation. Please note that the first year modules listed for this degree are compulsory.

Please contact us for more detail about the exact composition of this programme of study.

Stage 1

Modules may include Credits

The module will introduce students to critical legal techniques grounded in critical legal and social theory, feminist and queer theory, postcolonial theory and law and the humanities. 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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This module introduces the law of obligations, which comprises the private law of duties and rights to which individuals and organisations are subject. Traditionally, it includes the law of contract and tort (but not property). As well as introducing some of the content (which is covered more extensively in LW650 and LW651), a key focus is on the institution of the common law through which most of the law of obligations has emerged. This aspect is especially explored through the case classes, which run alongside the lectures and seminars.

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15

‘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. It is so simple to say ‘my property’ or ‘this is mine’. This module begins to unpack and examine the ideas and practices of property more closely: How are property claims constructed? What do we mean by ‘ownership’? What happens when a number of competing ‘ownership claims’ in one object exist? 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: art collections or cultural artefacts, land or natural resources dispossessed, land squatted, etc. And why, in our jurisdiction in particular, has such a strong link been made between being a ‘property owner’ (in this context a ‘home-owner’) and a ‘good citizen’.

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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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4

Can I know that I am not dreaming? Am I the same person I was when I was ten years old? Do I have an immaterial mind or immortal soul? Am I a mere machine or do I have a free will? What are the fundamental properties of the world? Does God exist? This module is meant to be an introduction to these and other fundamental problems of philosophy. The module begins with an examination of some themes in Descartes' Meditations on First Philosophy, and moves on to discuss the arguments of other classical philosophers, such as Locke, Berkeley, Hume, Kant, and also of contemporary thinkers. Among the themes addressed are: the nature of knowledge, scepticism, personal identity, the mind-body problem, free will and determinism, primary and secondary qualities, causation, induction, God.

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15

Since Plato's Dialogues, it has been part of philosophical enquiry to consider philosophical questions using logic and common sense alone. This module aims to train students to continue in that tradition. In the first part students will be introduced to basic themes in introductory logic and critical thinking. In the second part students will be presented with a problem each week in the form of a short argument, question, or philosophical puzzle and will be asked to think about it without consulting the literature. The problem, and students' responses to it, will then form the basis of a structured discussion.

By the end of the module, students (a) will have acquired a basic logical vocabulary and techniques for the evaluation of arguments; (b) will have practised applying these techniques to selected philosophical topics; and (c) will have acquired the ability to look at new claims or problems and to apply their newly acquired argumentative and critical skills in order to generate philosophical discussions of them. It will be taught through a combination of lectures and seminars in the first half of the term, and seminars only in the second half of the term.

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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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Stage 2

Modules may include Credits

The module builds on the understanding of constitutional government developed in Public Law 1 to examine the changing nature of the state in new modes of governance and governmentality. The focus is on the shift away from the vertical character of the relationship between state and citizen to a more diffuse mode of governing populations through expertise, techniques of management, and biopolitics.

In recent times there has been a shift away from states governing through legislation as a mode of command and control. Legislation is increasingly understood as enabling administration and governance rather than as the definitive word on a social or political problem. In some respects, this is a continuation of legislation as a mode of authorising the exercise of public power. However, the nature of power deployed and regulated through legislation has changed. Government through officials or agents directly responsible to Ministers or Parliament is increasingly replaced by quasi-government authorities (QUANGOS) whose strength is technical expertise. While the administrative state as it has evolved in the last century views this shift as a new strength in public administration, the key weakness is that accountability in the exercise of public power is lacking. What are the implications of these transformations for public law? How has public law facilitated these developments? What are the socio-legal and critical legal responses to these developments? These are the central concerns of this module. It thus offers a specialised and complementary extension of themes and issues introduced to students in Public Law 1 in Stage 1 of the LLB degree.

The administrative authorities that have emerged in the era of the ‘new administrative law’ – post 1970s - lack the formality of liberal constitutional protections. Consider the relative informality in the administration of ASBOS. Moreover, the traditional public/private divide has broken down - e.g. the privatisation of prisons, private corporations providing public services such as nursing homes or transport. The absence of social consensus, or unitary sovereign power has meant that the governance of gambling, security, the environment, gender and sexuality, science and technology, are not phenomena that can be dealt with through traditional liberal concepts or constitutional mechanisms. This module will examine how public law has been the site of social, political, and legal contestations regarding these issues.

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15

This 15 credit undergraduate law module is designed to introduce law students to foundational legal principles of the European Union (EU). It will place particular emphasis on studying the role and impact of the judicial institution of the EU, namely the Court of Justice of the EU, in interpreting the scope and effects of Union law.

This module builds on the knowledge that students acquire in Public Law 1 where they are provided with a basic introduction to the history of the EU, the main institutions of the EU and key constitutional issues arising from the supremacy of EU law. It will focus predominantly on certain aspects of EU law not addressed in Public 1, including the free movement rules underpinning the single market.

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This module, normally taken in Stage 2, introduces the student to the main principles and doctrines of equity and trusts. It is designed to challenge the somewhat dull image of this area of law and to encourage a critical and imaginative understanding of the subject. The law of equity and trusts is contextualized within a historical, social and jurisprudential inquiry thereby providing a much 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 that between legal outcomes, pragmatic concerns and policy objectives.

Drawing upon the student’s experience of the study of law, in particular that gained from Foundations of Property Law and Property Law, this module examines the trust both as a private legal institution (the trust in family and commercial settings) and a public one (the charitable trust), placing special emphasis on the management of the trust and the powers, duties and obligations of the trustee. Yet in departing from conventional approaches this module does not study equity merely in regards to its role as the original creator of the trust. Equity is instead acknowledged to be what it really is - a vital and fruitful component of the English legal system; a distinct form of legal interpretation possessing its own principles and method of legal reasoning, and comprising an original and continuing source of legal development in the sphere of remedies.

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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 LW315 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 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". This is primarily doctrinal but informed by various theoretical perspectives examining differing notions of justice.

A smaller part of this module will contrast the predominantly case-based Tort of Negligence with various statutory torts. Students will also consider the Land Torts, drawing further attention to the diverse range of harms protected by tort law and to the diverse conceptual structures of different torts.

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15

This module provides an introduction to some of the major works in ancient Greek philosophy in relation to ethics, aesthetics, political theory, ontology and metaphysics. Students will study substantial portions of primary texts by the Pre-Socratics, Plato and Aristotle. The emphasis throughout will be on the philosophical significance of the ideas studied. The module will concentrate on understanding key philosophical arguments and concepts within the context of the ancient Greek intellectual tradition. This means that students will gain a critical distance from normative and modern definitions of philosophical terms in order to understand how Greek philosophy generally approached questions and problems with different suppositions and conceptions of reality, reason and the purpose of human existence.

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30

We typically value justified belief more than simple belief, for very good reasons: a justified belief is more likely to be true than a randomly selected one. Indeed, we value knowledge even more than justified belief, since, arguably, a belief that qualifies as knowledge is true. But when is a belief justified? And what is knowledge? Is any of our beliefs justified? Do we know anything at all? Do we know that it's 8 o' clock if at 8 o' clock we see a broken watch indicating 8 o' clock? Do we know that our cat is sleeping on the sofa, if we don’t know that we’re not brains in a vat? This module investigates these and other epistemological questions, mostly by looking at some deeply puzzling sceptical arguments, some of which areas old as Philosophy is, and all of which have sprung very lively debates in the recent philosophical literature.

This module is designed to introduce students to some key philosophical notions – such as belief, justification and knowledge – and to some of the most exciting and interesting literature on the subject. The module begins with a brief overview of the literature on the analysis of knowledge – this will introduce students to the main philosophical approaches to justification and knowledge: internalism and externalism. The module will then move on to consider two influential forms of Skepticism: Pyrronian skepticism and Cartesian skepticism. Students will be introduced to the main views on the structure of justification – foundationalism, coherentism and entitlement approaches – as well as to the main semantic accounts of 'know’ – contextualism, dogmatism and relevant alternatives/tracking theories. Some epistemic principles, such as the so-called KK principle, will be introduced via the presentation of epistemic paradoxes, such as the Surprise Examination Paradox.

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We often make claims about the world, whether in Ethics, Aesthetics, Metaphysics, History or Science. These claims might be thought to involve a correspondence between how we think about the world and how the world 'really is'. This course aims to examine questions of realism and anti-realism: does the world outrun our ability to talk about it? Do some ways of talking about the world capture how the world really is? Can we even make sense of there being a world independent of how we think about it?

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What makes it the case that certain actions, such as stealing and sharing, have ethical value? Are ethical values such as goodness and badness, compassion and cruelty, mind-independent ethical properties, properties that exist no matter what anyone thinks, desires, aims at and the like? Or are there no such ethical properties at all and when we call something good we are just expressing our emotions and feelings about a nonethical world? Are there any other positions available?

This course is designed to introduce you to some of the most exciting and interesting philosophical literature in recent years, which brings together ethics and metaphysics with a little epistemology and philosophy of language. The first half of this course will examine (what are often called) "metaethical" questions such as those above. We will then move on to discuss debates concerning moral psychology and motivation. When one says 'charity-giving is good' is it a matter of necessity that one will be motivated to some extent to give to charity? Or is it possible for one to make such a judgement and have no motivation at all (and for such a judgement to count as a legitimate moral judgement)? At the end we will see how these questions concerning psychology are integral to the earlier debates of metaphysics. Throughout, we will be examining these questions and issues by looking at work by authors from the start of the twentieth century (e.g. G. E. Moore) and by more recent writers (e.g. Simon Blackburn, Allan Gibbard, J. L. Mackie, John McDowell and Michael Smith).

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This course is designed to introduce students to a number of philosophical issues arising from medical research and medical practice. Students will consider attempts to define the following terms – health, illness, and disease – and discuss what rests on their definition. Much medical practice proceeds as though medicine were a natural science. This module will probe the limitations of this conception. The placebo effect demonstrates the powerful influence of suggestion on the body and students will consider its relevance to philosophical ideas of the mind-body relation. Finally, students will consider ethical issues arising in medical practice, such as 'medically assisted death'.

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The module will enable students to acquire knowledge and understanding of Wittgenstein's approach to philosophy, and to acquire familiarity with major themes especially in the areas of epistemology, metaphysics, philosophy of mind, and philosophy of language. The module will give students practice in deploying their critical philosophical skills.

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This module studies some central questions in philosophy of religion, drawing on topics in metaphysics, ethics, epistemology, philosophy of language and philosophy of mind. It begins by studying and critically assessing three of the 'classical' arguments for the existence of God—the ontological argument, the cosmological argument and the argument from design —which consider respectively whether reason, science or experience can show us that God exists. It goes on to consider the relationship between religion and morality, examining Kant’s moral argument, which appears to support a case for the existence of God, and Plato’s Euthyphro Dilemma, which appears to tell against it. Finally, it considers some central topics in religious epistemology, language and philosophy of mind, including: miracles, the nature of religious experience, religious language and personal identity. One underlying question the module considers is whether the above arguments and topics could be used to support or tell against an argument for the overall rationality of religious belief.

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30

Language is a wonderful thing. Groups of marks or bursts of sound are just physical entities but, when produced by a writer or a speaker, they are used to point beyond themselves. This is the property of aboutness or intentionality. Other physical entities generally don't have this property. When you hear a sentence, you hear a burst of sound, but typically you also understand a meaning conveyed by the speaker. What is the meaning of a word – some weird entity that floats alongside the word, a set of rules associating the word with objects, an intention in the mind of the speaker….? What is the difference between what your words imply and what you convey in saying them? How are words used non-literally, how do hearers catch on to the meaning of a newly minted metaphor? How can we mean and convey so much when uttering a concise sentence? How is it that learning a second language can be so frustrating and time consuming, whereas we learn our first language with no trouble at all? The questions keep coming. In this module we shall try to find some answers.

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The aim of this course is to engage in the study of specific topics in the philosophy of mind, language, or action and to engage with the criticism of contemporary approaches as it is found in the works of Wittgenstein, Ryle, Anscombe, and/or Austin.

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Logic is the study of the methods and principles used to distinguish correct reasoning from incorrect reasoning and, as such, it is a crucial component of any philosophy course. Moreover, logic has applications other than the testing of arguments for cogency: it is also a widely used and useful tool for clarifying the problematic concepts that have traditionally troubled philosophers, e.g., deductive consequence, rational degree of belief, knowledge, necessary truth, identity, etc. Indeed, much contemporary philosophy cannot be understood without a working knowledge of logic. Given this, logic is an important subject for philosophy students to master.

The module will primarily cover propositional and predicate logic. Regarding propositional and predicate logic, the focus will be on methods for testing the validity of an argument. These methods will allow students to distinguish correct from incorrect reasoning. The module will also cover inductive and modal logics. Regarding inductive and modal logics, the focus will be on clarifying epistemological concepts through the use of these logics.

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The module will study some of the major works in the history of modern philosophy of science. Texts to be studied will be drawn from a list which includes major works by philosophers such as Popper, Kuhn, Lakatos, Salmon, etc. The approach will be philosophical and critical, and will involve the close reading of texts. Students will be expected to engage critically with the works being studied and to formulate and argue for their own views on the issues covered.

Themes to be studied will include: the nature of scientific theory change, the status of scientific claims, the methodology of scientific reasoning, the prospects for automating scientific reasoning.

The course will cover a range of topics such as:

Inductivism versus falsificationism

Research Programmes

Incommensurability

Realism

Instrumentalism

Probabilistic Reasoning

Causal Reasoning

Mathematical Reasoning

Confirmation

Explanation

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The module will study some of the major works in the history of modern philosophy of cognitive science and artificial intelligence. An indicative list of topics is: The Turing test; the Chinese Room argument; the frame problem; connectionism; extended and embodied cognition; artificial consciousness. The approach will be philosophical and critical, and will involve the close reading of texts. Students will be expected to engage critically with the works being studied and to formulate and argue for their own views on the issues covered.

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30

What is art? What is an artwork? Do all types and examples of (what are traditionally classed as) artworks have identifying features in common? If so, what are they? Or, are there such interesting differences between works of literature, pieces of sculpture and the like, that searching for a definition of art is a futile task and this type of question misguided? Do avant-garde works count as art? Can anything count as art, such as food, if it’s presented in the right way or made with the right sort of intention? What does all of this tell us about the nature of definition generally?

These are some of the questions that we will explore at the start of this course. After that we will consider other issues and questions. What is the relation of art to beauty and other aesthetic qualities? What is it for a performance to be ‘authentic’ and is this sort of performance to be privileged in any way? Why is rock music such a part of our lives? Is there anything aesthetically wrong with a forgery? What is the nature of aesthetic experience and of our emotional responses to art? Why do we care so much about the fate of fictional characters? Is there any difference between pornography and erotica? Are artists subject to a different moral code? And what on earth is the point of public art? What is public art?

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How does truth relate to existence? This module looks at the connection between truths and the things that make them true. We consider questions relating to the connection between truth and ontology (or existence) concerning time, persistence, possibility, generality, composition, and causation. We will look at how these issues are discussed in contemporary analytic metaphysics. We will explore both what solutions looking at the connections between truth and ontology might offer, whether this approach to the problems is useful, and how best to communicate the problems we discuss.

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Is it right that the talented profit from their (undeserved) talents? Should the government provide compensation for people who find it hard to meet that special someone? Is the Bill and Melinda Gates Foundation a benevolent charity, or an unelected, unaccountable group wielding enormous political power?

This course is divided into two parts. The first part examines classic topics in political philosophy, such as the sources and scope of political authority, and the ideals of equality and freedom. The second part of the course will explore issues within contemporary political philosophy, such as our obligations to those in the developing world, the circumstances under which one might legitimately employ civil disobedience, and the politics of immigration. We will consider whether we can make sense of political obligation between states as well as within states. We will look at these issues in the context of particular case studies, such as the recent debate over the showing of an anti-Islam film in the House of Lords, and the West's failure to intervene in Rwanda.

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Under what circumstances might it be permissible to use violence to further political goals? What distinguishes different sorts of political violence? Ought the state to have a monopoly on political violence? Are there some methods that should never be used to further political goals? In this course, we will look at the various forms of political violence, and consider how political and legal theorists have tried to regulate violent interaction between states and within states. We will examine the conceptual difficulties that arise when postulating international laws, and consider the role of the United Nations as international mediator and law enforcer. We will also look at the rights of self-determination amongst sub-national groups, and at the obligations of the international community to intervene to prevent humanitarian abuses.

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The module will cover some of the major topics of the theory of reasoning, with a focus on presenting students with new and exciting research. The syllabus will vary from year to year. The approach will be philosophical and critical, and may involve the close reading of texts. Students will be expected to engage critically with the works being studied and to formulate and argue for their own views on the issues covered.

As an indication of the kind of topics covered, the following are three potential syllabi, one of which might operate in any particular year:

1. Probability and probabilistic reasoning. This syllabus will present the major interpretations of probability and their connection with the various kinds of probabilistic reasoning. Topics covered might include: the classical interpretation; the logical interpretation; the subjective interpretation; the frequency interpretation; the propensity interpretation; the objective Bayesian interpretation. The key text will be D.A.Gillies (2000): Philosophical theories of probability, Routledge.

2. Causality and causal reasoning. This syllabus will present the major theories of causality, including difference-making theories (probabilistic theories, counterfactual theories, agency theories), mechanistic theories (process theories, complex systems theories) and pluralist theories. It will go on to consider methods of causal reasoning in the sciences and the implications of such methods for the metaphysics of causality. In the absence of a comprehensive text, this syllabus will appeal to papers, especially those in the Oxford Handbook of Causation (OUP 2009), and Causality in the Sciences (OUP 2011).

3. Invalid arguments. This syllabus will look in detail at methods of assessing the cogency of deductively invalid arguments. In particular it will present the methods of inductive logic for assessing the plausibility of arguments. It will provide an introduction to probabilistic logics and their semantics, as well as to methods of inference in probabilistic logics, with a focus on elementary methods that can be readily acquired by students with little prior training in logic and no prior knowledge of probability theory. In the absence of a text at a suitable level, this syllabus will be accompanied by a set of detailed lecture notes.

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The curriculum is intended to introduce students to some of the key arguments and debates in contemporary continental political philosophy through the focussed reading and discussion of the works of a number of central thinkers (Charles Taylor, Iris Marion Young, Foucualt, Derrida, Butler) in this field. It is also the aim of this module to consider the works and ideas of philosophers that are often overlooked on undergraduate political philosophy courses e.g. feminist thinkers and Queer theorists.

The curriculum should not be regarded as written in stone but responsive to new publications and developments in this field of research and to events in the wider world.

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This module concerns ideas of two of the most interesting of Western philosophers: Arthur Schopenhauer and Friedrich Nietzsche. Both thinkers developed ideas that transformed much of the intellectual landscape of twentieth century, and both wrote books that prove fruitful for successive generations. They wrote on many themes: ethics, religion, aesthetics, metaphysics, and epistemology. Both take their starting point from those thinkers that came before, notably Kant and Hegel. However, they are interesting to compare because they have such different views on philosophical thought and various themes. In particular, some of Nietzsche’s thought is framed explicitly in opposition to Schopenhauer’s, with the former casting the latter as the great pessimist. An appreciation of their ideas is an important part of the education of many philosophy students. However, both Schopenhauer and Nietzsche can be hard writers to read and understand. This module is designed both to introduce some of their ideas and develop a student’s appreciation of them such that he or she can discuss them with confidence and critical insight.

The module will not cover all of the writings of either or both thinkers. Students will typically read selections from Schopenhauer’s masterwork The World as Will and Representation and then selections from a variety of Nietzsche’s works, or one work in full. These will be read on their own, with ideas from both thinkers compared. Modern writers and commentators will be read in addition to help reveal the importance of Schopenhauer’s and Nietzsche’s ideas.

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This course is designed to introduce students to a number of approaches in what is often referred to as "normative ethics". We face and hear about moral problems every day. These problems range from life and death matters concerning abortion, euthanasia and the like to other types of case such as whether to tell a lie to prevent hurting someone's feelings. At some point we might wonder whether there is a set of rules or principles (such as 'Do not lie') which will help us through these tricky problems; we might wonder whether there is something more simple underlying all of this 'ethical mess' that we can discern. Normative ethics contains a number of theories that attempt to give us such principles and to sort out the mess. In particular, different normative ethical theories are attempts to articulate reasons why a certain course of action is ethically best; they are attempts to say what types of feature we should concentrate on when thinking about ethical problems and why it is that such features are features which have 'intrinsic moral significance'. Of course, ethical theories do not exist in a vacuum. As we shall see, our everyday intuitions about what is morally best are both the origin of normative ethical theories and the origin of thoughts raised against them. In all of this, the course will be examining these theories by starting with their historical roots, particularly focussing on the work of J. S. Mill, Immanuel Kant and Aristotle.

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Many people today are reluctant to identify themselves as 'feminist': either because they see feminism as a useful political movement that has essentially served its purposes; or because they view feminism as a 'single-issue', militant ideology that they cannot identify with. This module is intended to give students an opportunity to reflect philosophically on what claims like this could mean: if we live in a post-feminist era, why do women earn, on average, two thirds of what their male counterparts earn? If we live in post-feminist era, why are women still under-represented in many fields (including politics, science and academic philosophy?). If feminism is a 'single-issue' ideology, why is it that feminists have proposed such a variety of solutions to the above problems, and from such a wide range of political standpoints?

The module explores some key debates in contemporary feminist philosophy, with particularly emphasis on its uncomfortable relationship with liberalism. The course draws attention to feminist critiques of key liberal concepts, such as consent, the social contract, autonomy, universal rights, and the private/public distinction. We go on to apply theoretical debates in feminist thought to the following political issues: prostitution, pornography, feminine appearance, multiculturalism, and human rights.

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The present module will introduce students to classical as well as contemporary discussions in the intersection between politics, philosophy, and economics. Topics to be covered will vary from year to year, in light of the expertise of the person convening it and student feedback from previous years. That said, the relevant variations will be constrained by considerations ensuring that one cohort will not be disadvantaged compared to the next, and are likely to consistently include some sub-set of the following:

• Authoritarianism

• Behavioural economics

• Collective action

• Federal and non-federal unions

• Game theory

• Liberalism, illiberalism, and paternalism

• Markets and trade

• Money and finance

• Philosophy of Power

• Property

• Public choice

• Rational choice

• States and corporations

• Terrorism

• Theocracy

• Voting

• Work and capital

Through these and related topics, students will gain a good understanding of the complementary and in some cases conflicting perspectives and methodologies contained in politics, philosophy, and economics, and enable them to evaluate contemporary issues in a manner that's informed by a comprehensive set of relevant traditions.

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William James (1842-1910) has arguably had a profound impact in the shaping of three contemporary disciplines: philosophy, psychology and the study of religion. This course aims to examine the life and work of William James in depth. It will examine the life of William James and the James family and show how this relates to his work. The course will examine his key texts: Principles of Psychology (1890), The Will to Believe (1897), The Varieties of Religious Experience (1902) and his studies of pragmatism, including Pragmatism (1907), The Pluralistic Universe (1909) and The Meaning of Truth (1909). It will also explore his long term and frustrated attempt to set up a scientific study of psychical phenomena.

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This course brings together a range of theories of love from the history of philosophy and from various traditions, including analytical philosophy, feminism, pragmatism and continental thought. It will explore questions of love, beauty and friendship in Plato, religious models in Aquinas, ars erotica in ancient Indian and Chinese philosophies of love, Romantic traditions of love, the logic of love in Peirce and James, feminist politics of love and maternity, and cognitive models of love. The course will also examine a range of analytical questions of love, including debates about the different types of love (eros, agape and philia), the problems of talking about love in philosophical language, distinctions between self-love and relational love, the relation of love to literature and poetry, love as embodied instinct and mental idea, the relation between love and sex, and connections between love, compassion and caring. The aim of the course is to combine a philosophical history of love with critical analytical skills to think about love as a dynamic feature of human relationships.

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This module has an ambitious but hopefully not ridiculous goal: to teach you something about how to live well. It will do so by introducing you to some of the most prominent philosophical traditions that have tried to offer practical advice on how to live, such as that of the Stoics and the Epicureans, but also the religiously inspired traditions of Buddhists, Confucians and Jesuit philosophers.* Of course, you can't learn to live well simply by reading a few books—not even really good ones. That’s why, as part of the module, you’ll also spend three days living in accordance with one of the traditions covered, and then reporting back your experience to the rest of the class, either through a traditional presentation, or by making a short video about your experience. You might not come out a Stoic sage at the other end of this module (although who knows?), but you’ll have learned quite a few things about what some very interesting people thought about how to live well, some of which you’ll be able to incorporate into your daily life.

* Topics covered will likely vary from year to year. The variations will be guided by the expertise of whichever person happens to be convening the module any given year, and by student feedback on previous years.

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This module will introduce students to philosophical theories of causality and philosophical theories of probability. The module will provide a broad background to the range of available interpretations of causality and probability. Topics to be covered will vary from year to year, in light of the expertise of the person convening it and student feedback from previous years. Students will gain a good understanding of the complementary and in some cases conflicting perspectives and methodologies on causality and probability. The module will enable students to evaluate contemporary issues in a manner that's informed by a comprehensive set of relevant traditions.

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Stage 3

Modules may include Credits

While the curriculum for LW508 Criminal Law Level I and LW601 Advanced Criminal Law Level H is by and large the same in that the same topics are considered, students following the course at level H will consider each discrete topic to a much greater depth making use of, and improving, skills developed in earlier years of their degree programme.

The module is structured to provide students with the opportunity to explore the major issues in criminal law through class presentation, through consideration of essay style topics and to engage in critical analysis of topics by considering criminal law problem questions. Students will be expected to discuss particular issues of criminal law and their implications for a wider social context. At the commencement of the module students are provided with a Seminar Workbook which outlines the weekly seminar topic and task.

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This module will introduce students to philosophical theories of causality and philosophical theories of probability. The module will provide a broad background to the range of available interpretations of causality and probability. Topics to be covered will vary from year to year, in light of the expertise of the person convening it and student feedback from previous years. Students will gain a good understanding of the complementary and in some cases conflicting perspectives and methodologies on causality and probability. The module will enable students to evaluate contemporary issues in a manner that's informed by a comprehensive set of relevant traditions.

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This module is aimed at those students who would like to follow a career as Primary or Secondary School teachers, but is also suitable to those who would like to combine an academic course with work experience. Placements in a school environment will enhance the students' employment opportunities as they will acquire a range of skills. It will also provide the students with the opportunity to develop their knowledge and understanding of Religious Education and Philosophy in the primary or secondary school context. The university sessions and weekly school work will complement each other. Therefore, attendance to university sessions is crucial as it will also give the students the opportunity to discuss aspects related to their weekly placement and receive guidance. The student will spend one half-day per week for ten weeks in a school where each student will have a designated teacher-mentor who will guide their work in school. They will observe sessions taught by their designated teacher and possibly other teachers. Initially, for these sessions the students will concentrate on specific aspects of the teachers’ tasks, and their approach to teaching a whole class. As they progress, their role will be as teaching assistants, by helping individual pupils who are having difficulties or by working with small groups. They may teach brief or whole sessions with the whole class or with a small group of students where they explain a topic related to the school syllabus. They may also talk about aspects of University life. They must keep a weekly journal reflecting on their activities at their designated school.

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This module has an ambitious but hopefully not ridiculous goal: to teach you something about how to live well. It will do so by introducing you to some of the most prominent philosophical traditions that have tried to offer practical advice on how to live, such as that of the Stoics and the Epicureans, but also the religiously inspired traditions of Buddhists, Confucians and Jesuit philosophers.* Of course, you can't learn to live well simply by reading a few books—not even really good ones. That’s why, as part of the module, you’ll also spend three days living in accordance with one of the traditions covered, and then reporting back your experience to the rest of the class, either through a traditional presentation, or by making a short video about your experience. You might not come out a Stoic sage at the other end of this module (although who knows?), but you’ll have learned quite a few things about what some very interesting people thought about how to live well, some of which you’ll be able to incorporate into your daily life.

* Topics covered will likely vary from year to year. The variations will be guided by the expertise of whichever person happens to be convening the module any given year, and by student feedback on previous years.

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This course brings together a range of theories of love from the history of philosophy and from various traditions, including analytical philosophy, feminism, pragmatism and continental thought. It will explore questions of love, beauty and friendship in Plato, religious models in Aquinas, ars erotica in ancient Indian and Chinese philosophies of love, Romantic traditions of love, the logic of love in Peirce and James, feminist politics of love and maternity, and cognitive models of love. The course will also examine a range of analytical questions of love, including debates about the different types of love (eros, agape and philia), the problems of talking about love in philosophical language, distinctions between self-love and relational love, the relation of love to literature and poetry, love as embodied instinct and mental idea, the relation between love and sex, and connections between love, compassion and caring. The aim of the course is to combine a philosophical history of love with critical analytical skills to think about love as a dynamic feature of human relationships.

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William James (1842-1910) has arguably had a profound impact in the shaping of three contemporary disciplines: philosophy, psychology and the study of religion. This course aims to examine the life and work of William James in depth. It will examine the life of William James and the James family and show how this relates to his work. The course will examine his key texts: Principles of Psychology (1890), The Will to Believe (1897), The Varieties of Religious Experience (1902) and his studies of pragmatism, including Pragmatism (1907), The Pluralistic Universe (1909) and The Meaning of Truth (1909). It will also explore his long term and frustrated attempt to set up a scientific study of psychical phenomena.

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The present module will introduce students to classical as well as contemporary discussions in the intersection between politics, philosophy, and economics. Topics to be covered will vary from year to year, in light of the expertise of the person convening it and student feedback from previous years. That said, the relevant variations will be constrained by considerations ensuring that one cohort will not be disadvantaged compared to the next, and are likely to consistently include some sub-set of the following:

• Authoritarianism

• Behavioural economics

• Collective action

• Federal and non-federal unions

• Game theory

• Liberalism, illiberalism, and paternalism

• Markets and trade

• Money and finance

• Philosophy of Power

• Property

• Public choice

• Rational choice

• States and corporations

• Terrorism

• Theocracy

• Voting

• Work and capital

Through these and related topics, students will gain a good understanding of the complementary and in some cases conflicting perspectives and methodologies contained in politics, philosophy, and economics, and enable them to evaluate contemporary issues in a manner that's informed by a comprehensive set of relevant traditions.

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Many people today are reluctant to identify themselves as 'feminist': either because they see feminism as a useful political movement that has essentially served its purposes; or because they view feminism as a 'single-issue', militant ideology that they cannot identify with. This module is intended to give students an opportunity to reflect philosophically on what claims like this could mean: if we live in a post-feminist era, why do women earn, on average, two thirds of what their male counterparts earn? If we live in post-feminist era, why are women still under-represented in many fields (including politics, science and academic philosophy?). If feminism is a 'single-issue' ideology, why is it that feminists have proposed such a variety of solutions to the above problems, and from such a wide range of political standpoints?

The module explores some key debates in contemporary feminist philosophy, with particularly emphasis on its uncomfortable relationship with liberalism. The course draws attention to feminist critiques of key liberal concepts, such as consent, the social contract, autonomy, universal rights, and the private/public distinction. We go on to apply theoretical debates in feminist thought to the following political issues: prostitution, pornography, feminine appearance, multiculturalism, and human rights.

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This course is designed to introduce students to a number of approaches in what is often referred to as “normative ethics”. We face and hear about moral problems every day. These problems range from life and death matters concerning abortion, euthanasia and the like to other types of case such as whether to tell a lie to prevent hurting someone’s feelings. At some point we might wonder whether there is a set of rules or principles (such as ‘Do not lie’) which will help us through these tricky problems; we might wonder whether there is something more simple underlying all of this ‘ethical mess’ that we can discern. Normative ethics contains a number of theories that attempt to give us such principles and to sort out the mess. In particular, different normative ethical theories are attempts to articulate reasons why a certain course of action is ethically best; they are attempts to say what types of feature we should concentrate on when thinking about ethical problems and why it is that such features are features which have ‘intrinsic moral significance’. Of course, ethical theories do not exist in a vacuum. As we shall see, our everyday intuitions about what is morally best are both the origin of normative ethical theories and the origin of thoughts raised against them. In all of this, the course will be examining these theories by starting with their historical roots, particularly focussing on the work of J. S. Mill, Immanuel Kant and Aristotle.

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This module concerns ideas of two of the most interesting of Western philosophers: Arthur Schopenhauer and Friedrich Nietzsche. Both thinkers developed ideas that transformed much of the intellectual landscape of twentieth century, and both wrote books that prove fruitful for successive generations. They wrote on many themes: ethics, religion, aesthetics, metaphysics, and epistemology. Both take their starting point from those thinkers that came before, notably Kant and Hegel. However, they are interesting to compare because they have such different views on philosophical thought and various themes. In particular, some of Nietzsche’s thought is framed explicitly in opposition to Schopenhauer’s, with the former casting the latter as the great pessimist. An appreciation of their ideas is an important part of the education of many philosophy students. However, both Schopenhauer and Nietzsche can be hard writers to read and understand. This module is designed both to introduce some of their ideas and develop a student’s appreciation of them such that he or she can discuss them with confidence and critical insight.

The module will not cover all of the writings of either or both thinkers. Students will typically read selections from Schopenhauer’s masterwork The World as Will and Representation and then selections from a variety of Nietzsche’s works, or one work in full. These will be read on their own, with ideas from both thinkers compared. Modern writers and commentators will be read in addition to help reveal the importance of Schopenhauer’s and Nietzsche’s ideas.

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The curriculum is intended to introduce students to some of the key arguments and debates in contemporary continental political philosophy through the focussed reading and discussion of the works of a number of central thinkers (Charles Taylor, Iris Marion Young, Foucualt, Derrida, Butler) in this field. It is also the aim of this module to consider the works and ideas of philosophers that are often overlooked on undergraduate political philosophy courses e.g. feminist thinkers and Queer theorists.

The curriculum should not be regarded as written in stone but responsive to new publications and developments in this field of research and to events in the wider world.

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The module will cover some of the major topics of the theory of reasoning, with a focus on presenting students with new and exciting research. The syllabus will vary from year to year. The approach will be philosophical and critical, and may involve the close reading of texts. Students will be expected to engage critically with the works being studied and to formulate and argue for their own views on the issues covered.

As an indication of the kind of topics covered, the following are three potential syllabi, one of which might operate in any particular year:

1. Probability and probabilistic reasoning: This syllabus will present the major interpretations of probability and their connection with the various kinds of probabilistic reasoning. Topics covered might include: the classical interpretation; the logical interpretation; the subjective interpretation; the frequency interpretation; the propensity interpretation; the objective Bayesian interpretation. The key text will be D.A.Gillies (2000): Philosophical theories of probability, Routledge.

2. Causality and causal reasoning: This syllabus will present the major theories of causality, including difference-making theories (probabilistic theories, counterfactual theories, agency theories), mechanistic theories (process theories, complex systems theories) and pluralist theories. It will go on to consider methods of causal reasoning in the sciences and the implications of such methods for the metaphysics of causality. In the absence of a comprehensive text, this syllabus will appeal to papers, especially those in the Oxford Handbook of Causation (OUP 2009), and Causality in the Sciences (OUP 2011).

3. Invalid arguments: This syllabus will look in detail at methods of assessing the cogency of deductively invalid arguments. In particular it will present the methods of inductive logic for assessing the plausibility of arguments. It will provide an introduction to probabilistic logics and their semantics, as well as to methods of inference in probabilistic logics, with a focus on elementary methods that can be readily acquired by students with little prior training in logic and no prior knowledge of probability theory. In the absence of a text at a suitable level, this syllabus will be accompanied by a set of detailed lecture notes.

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Under what circumstances might it be permissible to use violence to further political goals? What distinguishes different sorts of political violence? Ought the state to have a monopoly on political violence? Are there some methods that should never be used to further political goals? In this course, we will look at the various forms of political violence, and consider how political and legal theorists have tried to regulate violent interaction between states and within states. We will examine the conceptual difficulties that arise when postulating international laws, and consider the role of the United Nations as international mediator and law enforcer. We will also look at the rights of self-determination amongst sub-national groups, and at the obligations of the international community to intervene to prevent humanitarian abuses.

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Is it right that the talented profit from their (undeserved) talents? Should the government provide compensation for people who find it hard to meet that special someone? Is the Bill and Melinda Gates Foundation a benevolent charity, or an unelected, unaccountable group wielding enormous political power?

This course is divided into two parts. The first part examines classic topics in political philosophy, such as the sources and scope of political authority, and the ideals of equality and freedom. The second part of the course will explore issues within contemporary political philosophy, such as our obligations to those in the developing world, the circumstances under which one might legitimately employ civil disobedience, and the politics of immigration. We will consider whether we can make sense of political obligation between states as well as within states. We will look at these issues in the context of particular case studies, such as the recent debate over the showing of an anti-Islam film in the House of Lords, and the West's failure to intervene in Rwanda.

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How does truth relate to existence? This module looks at the connection between truths and the things that make them true. We consider questions relating to the connection between truth and ontology (or existence) concerning time, persistence, possibility, generality, composition, and causation. We will look at how these issues are discussed in contemporary analytic metaphysics. We will explore both what solutions looking at the connections between truth and ontology might offer, whether this approach to the problems is useful, and how best to communicate the problems we discuss.

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This module provides an introduction to some of the major works in ancient Greek philosophy in relation to ethics, aesthetics, political theory, ontology and metaphysics. Students will study substantial portions of primary texts by the Pre-Socratics, Plato and Aristotle. The emphasis throughout will be on the philosophical significance of the ideas studied. The module will concentrate on understanding key philosophical arguments and concepts within the context of the ancient Greek intellectual tradition. This means that students will gain a critical distance from normative and modern definitions of philosophical terms in order to understand how Greek philosophy generally approached questions and problems with different suppositions and conceptions of reality, reason and the purpose of human existence.

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This module provides an opportunity for independent work within an area of philosophy chosen by the student. THOSE WHO WISH TO TAKE THIS MODULE MUST (1) ENSURE THAT THERE IS A MEMBER OF THE PHILOSOPHY BOARD OF STUDIES WILLING TO SUPERVISE THEIR WORK; (2) SUBMIT AN OUTLINE AND PROVISIONAL TITLE OF THE PROPOSED DISSERTATION, ENDORSED BY THE PROSPECTIVE SUPERVISOR, TO THE MODULE CONVENOR FOR APPROVAL BEFORE BEING ADMITTED ONTO THE MODULE. STUDENTS ARE STRONGLY ADVISED TO JOIN ONE OF THE READING GROUPS (TO BE ANNOUNCED) AND WORK ON THEIR ESSAY AND DISSERTATION WITHIN THAT CONTEXT.The Dissertation should normally be about 9000 (maximum 10000) words long; it may consist either of an essay on a single theme, or of two or three Essays on complementary themes in Philosophy. Please note that the Dissertation is one of the most difficult modules. You should not apply to register for it unless you have a definite project to which you are seriously committed with the support of a member of staff who is willing to supervise you.

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This module provides an opportunity for students to produce a substantial piece of independent philosophical work, and at the same time to improve their skills in essay writing by getting one-to-one supervision and feedback on a specific piece of work. It is available to Single Honours and Joint Honours Philosophy students. It cannot be taken by other students as a 'wild module'. THOSE WISHING TO TAKE THE MODULE MUST ENSURE THAT THERE IS A MEMBER OF THE PHILOSOPHY BOARD OF STUDIES WILLING TO SUPERVISE THEIR WORK. THEY MUST SUBMIT AN OUTLINE OF THE PROPOSED AREA OF STUDY, ENDORSED BY THE PROSPECTIVE SUPERVISOR, TO THE MODULE CONVENOR FOR APPROVAL BEFORE BEING ADMITTED ONTO THE MODULE.

The Extended Essay should not be more than 5000 words long and must be submitted by the first day of the following term. Please note that the extended essay is considered a difficult module. You should not apply to register for it unless you have a definite project to which you are seriously committed with the support of a member of staff who is willing to supervise you.

Note: you can not take PL520 in conjunction with PL507 Philosophy Dissertation

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What is art? What is an artwork? Do all types and examples of (what are traditionally classed as) artworks have identifying features in common? If so, what are they? Or, are there such interesting differences between works of literature, pieces of sculpture and the like, that searching for a definition of art is a futile task and this type of question misguided? Do avant-garde works count as art? Can anything count as art, such as food, if it’s presented in the right way or made with the right sort of intention? What does all of this tell us about the nature of definition generally?

These are some of the questions that we will explore at the start of this course. After that we will consider other issues and questions. What is the relation of art to beauty and other aesthetic qualities? What is it for a performance to be ‘authentic’ and is this sort of performance to be privileged in any way? Why is rock music such a part of our lives? Is there anything aesthetically wrong with a forgery? What is the nature of aesthetic experience and of our emotional responses to art? Why do we care so much about the fate of fictional characters? Is there any difference between pornography and erotica? Are artists subject to a different moral code? And what on earth is the point of public art? What is public art?

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We typically value justified belief more than simple belief, for very good reasons: a justified belief is more likely to be true than a randomly selected one. Indeed, we value knowledge even more than justified belief, since, arguably, a belief that qualifies as knowledge is true. But when is a belief justified? And what is knowledge? Is any of our beliefs justified? Do we know anything at all? Do we know that it's 8 o' clock if at 8 o' clock we see a broken watch indicating 8 o’ clock? Do we know that our cat is sleeping on the sofa, if we don’t know that we’re not brains in a vat? This module investigates these and other epistemological questions, mostly by looking at some deeply puzzling sceptical arguments, some of which areas old as Philosophy is, and all of which have sprung very lively debates in the recent philosophical literature.

This module is designed to introduce students to some key philosophical notions – such as belief, justification and knowledge – and to some of the most exciting and interesting literature on the subject. The module begins with a brief overview of the literature on the analysis of knowledge – this will introduce students to the main philosophical approaches to justification and knowledge: internalism and externalism. The module will then move on to consider two influential forms of Skepticism: Pyrronian skepticism and Cartesian scepticism. Students will be introduced to the main views on the structure of justification – foundationalism, coherentism and entitlement approaches – as well as to the main semantic accounts of 'know’ – contextualism, dogmatism and relevant alternatives/tracking theories. Some epistemic principles, such as the so-called KK principle, will be introduced via the presentation of epistemic paradoxes, such as the Surprise Examination Paradox.

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We often make claims about the world, whether in Ethics, Aesthetics, Metaphysics, History or Science. These claims might be thought to involve a correspondence between how we think about the world and how the world 'really is'. This course aims to examine questions of realism and anti-realism: does the world outrun our ability to talk about it? Do some ways of talking about the world capture how the world really is? Can we even make sense of there being a world independent of how we think about it?

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What makes it the case that certain actions, such as stealing and sharing, have ethical value? Are ethical values such as goodness and badness, compassion and cruelty, mind-independent ethical properties, properties that exist no matter what anyone thinks, desires, aims at and the like? Or are there no such ethical properties at all and when we call something good we are just expressing our emotions and feelings about a nonethical world? Are there any other positions available?

This course is designed to introduce you to some of the most exciting and interesting philosophical literature in recent years, which brings together ethics and metaphysics with a little epistemology and philosophy of language. The first half of this course will examine (what are often called) "metaethical" questions such as those above. We will then move on to discuss debates concerning moral psychology and motivation. When one says 'charity-giving is good' is it a matter of necessity that one will be motivated to some extent to give to charity? Or is it possible for one to make such a judgement and have no motivation at all (and for such a judgement to count as a legitimate moral judgement)? At the end we will see how these questions concerning psychology are integral to the earlier debates of metaphysics. Throughout, we will be examining these questions and issues by looking at work by authors from the start of the twentieth century (e.g. G. E. Moore) and by more recent writers (e.g. Simon Blackburn, Allan Gibbard, J. L. Mackie, John McDowell and Michael Smith).

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This course is designed to introduce students to a number of philosophical issues arising from medical research and medical practice. Students will consider attempts to define the following terms – health, illness, and disease – and discuss what rests on their definition. Much medical practice proceeds as though medicine were a natural science. This module will probe the limitations of this conception. The placebo effect demonstrates the powerful influence of suggestion on the body and students will consider its relevance to philosophical ideas of the mind-body relation. Finally, students will consider ethical issues arising in medical practice, such as 'medically assisted death'.

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The module will enable students to acquire knowledge and understanding of Wittgenstein's approach to philosophy, and to acquire familiarity with major themes especially in the areas of epistemology, metaphysics, philosophy of mind, and philosophy of language. The module will give students practice in deploying their critical philosophical skills.

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This module studies some central questions in philosophy of religion, drawing on topics in metaphysics, ethics, epistemology, philosophy of language and philosophy of mind. It begins by studying and critically assessing three of the 'classical' arguments for the existence of God—the ontological argument, the cosmological argument and the argument from design —which consider respectively whether reason, science or experience can show us that God exists. It goes on to consider the relationship between religion and morality, examining Kant’s moral argument, which appears to support a case for the existence of God, and Plato’s Euthyphro Dilemma, which appears to tell against it. Finally, it considers some central topics in religious epistemology, language and philosophy of mind, including: miracles, the nature of religious experience, religious language and personal identity. One underlying question the module considers is whether the above arguments and topics could be used to support or tell against an argument for the overall rationality of religious belief.

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Language is a wonderful thing. Groups of marks or bursts of sound are just physical entities but, when produced by a writer or a speaker, they are used to point beyond themselves. This is the property of aboutness or intentionality. Other physical entities generally don't have this property. When you hear a sentence, you hear a burst of sound, but typically you also understand a meaning conveyed by the speaker. What is the meaning of a word – some weird entity that floats alongside the word, a set of rules associating the word with objects, an intention in the mind of the speaker….? What is the difference between what your words imply and what you convey in saying them? How are words used non-literally, how do hearers catch on to the meaning of a newly minted metaphor? How can we mean and convey so much when uttering a concise sentence? How is it that learning a second language can be so frustrating and time consuming, whereas we learn our first language with no trouble at all? The questions keep coming. In this module we shall try to find some answers.

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The aim of this course is to engage in the study of specific topics in the philosophy of mind, language, or action and to engage with the criticism of contemporary approaches as it is found in the works of Wittgenstein, Ryle, Anscombe, and/or Austin.

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Logic is the study of the methods and principles used to distinguish correct reasoning from incorrect reasoning and, as such, it is a crucial component of any philosophy course. Moreover, logic has applications other than the testing of arguments for cogency: it is also a widely used and useful tool for clarifying the problematic concepts that have traditionally troubled philosophers, e.g., deductive consequence, rational degree of belief, knowledge, necessary truth, identity, etc. Indeed, much contemporary philosophy cannot be understood without a working knowledge of logic. Given this, logic is an important subject for philosophy students to master.

The module will primarily cover propositional and predicate logic. Regarding propositional and predicate logic, the focus will be on methods for testing the validity of an argument. These methods will allow students to distinguish correct from incorrect reasoning. The module will also cover inductive and modal logics. Regarding inductive and modal logics, the focus will be on clarifying epistemological concepts through the use of these logics.

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The module will study some of the major works in the history of modern philosophy of science. Texts to be studied will be drawn from a list which includes major works by philosophers such as Popper, Kuhn, Lakatos, Salmon, etc. The approach will be philosophical and critical, and will involve the close reading of texts. Students will be expected to engage critically with the works being studied and to formulate and argue for their own views on the issues covered.

Themes to be studied will include: the nature of scientific theory change, the status of scientific claims, the methodology of scientific reasoning, the prospects for automating scientific reasoning.

The course will cover a range of topics such as:

Inductivism versus falsificationism

Research Programmes

Incommensurability

Realism

Instrumentalism

Probabilistic Reasoning

Causal Reasoning

Mathematical Reasoning

Confirmation

Explanation

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The module will study some of the major works in the history of modern philosophy of cognitive science and artificial intelligence. An indicative list of topics is: The Turing test; the Chinese Room argument; the frame problem; connectionism; extended and embodied cognition; artificial consciousness. The approach will be philosophical and critical, and will involve the close reading of texts. Students will be expected to engage critically with the works being studied and to formulate and argue for their own views on the issues covered.

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Argument occurs across the full spectrum of human interaction - in pubs, at home, in seminar classes, and in professional contexts such as those provided by law, science and medicine. However, despite the importance allotted to argument and the desire of those engaged in arguments to win them, little systematic attention is given to the nature of argument and the practical skills required to argue successfully, even though this information is readily available. The ambition of the module is to equip students with this knowledge base and skills, thereby enabling them to enter into argument more confidently and with a greater prospect of success. The module divides into three parts, the first being a very brief historical and theoretical contextualisation of the topic. The second part of the module treats argument and arguing formally, by mapping the standard forms of argument and by developing the skill of picking out a bad argument from a good one, and by showing how to spot the set of common but typically unnoticed mistakes in one’s own argument or in those of others. The third part of the module turns to the skills of rhetoric and persuasion, including examination of the ploys that are often used to give bad or weak arguments persuasive force. The themes of the module are illustrated throughout using real examples from law and elsewhere.

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The media is full of gender controversies: there’s same-sex marriage (or not) in California, violence against women pretty well everywhere, and a whopping 17% gender pay gap in the UK. What do you think about these issues? How do you think the law should respond?

This module focuses on how law interacts with gender and sexuality. It examines, and encourages you to discuss, the interconnections between law, policy, gender, and sexuality. We will start by focusing on key concepts in feminist and queer legal theory, such as heteronormativity (the dominance of heterosexual family and social structures). We will then relate these theories to current dilemmas: same-sex marriage; transgender rights; gay refugees; diverse family formations. Finally, we tackle the really big questions. Should we use the law to change the law? Are rights really any use? What is neo-liberalism and how does this relate to gender?

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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 the major western traditions of ethical theory and the major principles of medical law. They will then pass on to their incorporation in medical negligence, confidentiality, consent and competence, and medical research. They will then draw upon these to engage in critical legal analysis of major areas of medical ethics and law.

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This course will give students the opportunity to explore the ways in which morality has been understood and theorised and then to trace the development of a particular moral concept (namely, that of individual rights), that is central to legal discourse today. The methodology will be historical/contextual as well as theoretical/analytical. We will look at the way in which the idea of individual rights arose (and continues to develop) in a philosophical, political and historical context and we will examine and critically evaluate modern theories of rights and their relationship to law. The concept of a right is deceptively simple. When examined closely is gives rise to all sorts of questions and problems including, for example: how is the idea of a right justified? What is its relationship to the older idea of liberty? Can it survive the discrediting of theories of natural rights tied to natural law? Can it stand alone as a moral concept or is it merely the ‘other side’ of a duty?

Block 1: A critical introduction to the major theories of moral philosophy: virtue theory, duty based (deontological) 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 (incl. ‘interest’ and ‘will’ theories and the legal analysis of Wesley Hohfeld)

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This module, building on Foundations of Property, explores the nature of property as a legal institution and its economic, political and cultural importance in a variety of contexts. It seeks to question the common sense understandings of property as privately owned 'things', in relation to which the role of law is essentially passive and protective. This course will bridge the too often repeated divide in law school curricula between forms of real property (land law) and intellectual property, exploring theoretical approaches alongside concrete examples drawn from both of these fields, and thereby asking what and why holds such different fabrications together (and apart) under the rubric of 'property'. We will look at intangible forms of property, such as intellectual property (eg patents, copyright) and financial property (eg stocks, shares, government bonds), and will explore the active, constructive and political role of law in constituting property and property rights. One of the module's themes will be the complex relationship between property and power. During the course of the module, in a series of case studies, a wide range of different topics in which issues of property and property rights are central will be examined: from issues surrounding corporate rights and power to land rights (especially in the colonial context); from the construction and protection of intellectual property rights to those surrounding housing and access to housing. The module will also explore the cultural dimension of property, and examine the role played by property practices and thinking in the recent financial crisis, and the potential to think and practice property differently under the rubric of 'alternative property practices'(eg in commons, land trusts, mutuals, co-operatives etc).

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This module allows a student to undertake a lengthy writing project on a law -related subject that interests her/him under the supervision of a KLS staff member. It is available to Stage 2 and 3 students taking single or combined honours law programmes. Students wishing to take this module must settle on their topic and find a dissertation supervisor near the end of the Spring term of the academic year previous to the start of this module. During the first term of this module, the convenor will conduct several sessions on how to research and write a law dissertation.

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15

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, and the field 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.

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15

This course will give students the opportunity to explore the ways in which moral reasoning can inform the study and practice of lawyering. Students will be asked to think and argue about the (possible) moral dimension of the practice of law. The course will include a theoretical component during which we will explore ways in which we might justify (or deny) a moral dimension to the practice of law. In the practical component we will use case studies (including that of the US government lawyers who provided legal justifications for the use of torture on ‘War on Terror’ prisoners). This case study and others will be used to discuss and debate issues in legal ethics, broadly conceived. The methodology will combine theoretical discussion of the principles that should inform the notion of legal ethics with analysis and discussion of actual moral and ethical dilemmas faced by lawyers and their resolution.

Block 1: Why Legal Ethics? An exploration of the moral reasoning and arguments behind the idea of ‘legal ethics’. Do lawyers have moral responsibilities as well as legal ones?

Block 2: Case studies and the ethical issues they raise. Answers to moral questions and dilemmas in legal practice.

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15

This module is concerned with theoretical perspectives on race, religion, and ethnicity as concepts; case studies in the social and legal history of race and religion; overview of contemporary legal regulation of these categories in UK law.

Students will undertake contemporary case studies; research training

as part of the module.

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15

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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15

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 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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15

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 involvement of emerging business and financial jurisdictions in international trade. It broadly explores the inequities of global integration of international trade law and considers the influences of European Union 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. Topics to be covered include International Trade within the contexts of public and private international law and international politics; Development and underdevelopment of commercial laws in international trade; mergers and acquisitions; counter trade as an alternative to current system of international business and trade; international franchising and agencies abroad; international commercial dispute settlement mechanisms; international corruption and the bribery of foreign officials; doctrine and practice of the New Lex Mercatoria.

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15

The object of this module is to offer a critical introduction to the legal and theoretical aspects of investments and the globalisation of the world economy. The module considers at the macro-level the legal implications of the changing roles of international economic institutions. This includes an understanding of both the global and regional (European Union, North American Free Trade Agreement) contexts of international economic law. The course pays special attention to the inequities of international trade and seeks to explain the effect of these inequities on the interplay between international and national regulatory frameworks, which is fundamental to an understanding of the globalisation of economic law. It offers a critique of the New International Economic Order beginning in the 1970s. The module offers an overview of the way lawyers and social scientists in the critical legal tradition interpret and conceptualise the changes that are taking place in the global economy such as the judicialisation and autonomisation of trade and investment law. It presents a critical overview of the role that the Bretton Woods institutions (IMF and World Bank) play in the global economy and focuses on efforts to hold multinational companies to account for their activities in developing countries and on selected issues relating to the regulation of international business through codes of conduct. Topics to be covered include: Sources and nature of international economic laws; international economic organizations; the fundamental principles of trade law; subjects of International Economic Law; extraterritorial enforcement of economic law; fragmentation of economic law -the rise of bilateralism; preferential trade agreements (PTAs), bilateral investment treaties (BITs); role of the Bretton Woods institutions (IMF and World Bank) in the global economy; multinational companies and the Law; norm of compensation-for-expropriation; Dispute settlement and sanctions; Feminist legal perspectives to International Economic Law; Alternative visions of development strategies; Most-Favoured-Nation principle and exceptions to Most-Favoured-Nation principle.

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15

The provision of a Clinical Option with a focus on criminal justice is an opportunity for students to consider the most crucial aspects of the rule of law namely power, control and accountability. Criminal Justice as a branch of state power and paternalism opens many questions for debate not least the imposition of rules by the state and the degree to which those are balanced, fair and open to challenge.

Students on this module must become members of the Kent Law Clinic and work under solicitor supervision on client's cases that have been taken on by the Clinic. The proposed module will be based on the LW543 Clinical Option casework model.

Students are expected, from the second week of the Autumn term onwards until the end of the Spring term, to undertake the conduct of one substantial case under supervision or a project on an area of law relevant to the field of Criminal Justice and relevant to the objects of the Clinic. Students will normally work on cases rather than projects.

Students will be supervised on a one to one basis for between one and two hours per week. This may increase dependant on the stage a case has reached and supervision may increase considerably if the need to work intensively on the case arises. There may also be periods of little or no weekly supervision dependant on the demands of the case. Student will maintain client files in accordance with Case Management Guidelines and Student Folders containing drafts and research materials.

Putting law into practice in this way increases knowledge of the relevant law, procedure and legal practice and in turn further the aims and ethos of the Kent Law Clinic most importantly in the provision of a crucial public service.

Interactive seminars of 1.5 hours length are proposed due to the small number of students. Allowing additional time will allow flexibility in the structure of the session. For example in some weeks a proportion of the session will be used as a lecture on the area substantive law and the remainder for a discussion incorporating the required reading and informed by the private study undertaken. Other weeks may be presentations by students on their cases and the issues they have identified allowing for a discussion in which we will build on the knowledge and study from earlier substantive law seminars.

In summary, the primary aim of the module is to introduce students to the functions of key players in the CJS including police, prosecution, judiciary, probation and defence. This overarching understanding of the roles and regulation of each is advantageous to those interested in pursuing a career within the CJS. Through casework and research students will have the opportunity to apply the law, to consider appropriate legal strategies to help the client and to critically reflect on the laws and procedures they have encountered. The module should appeal to those students intending to practise in the areas of criminal law and civil liberties but is aimed too at those not intending to pursue a legal career.

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30

This module examines the intersections between forms of legal regulation or 'government', conceptions of power and power-spatial configurations. It traces elements of such intersections accessibly with the aid of insights from a variety of the most relevant sub-fields (including legal geography, architectural history and theory, critical planning studies, urban design, spatial studies, anthropology, legal theory and philosophy). It interrogates the intersections in question both through a thorough introduction to all the contemporary relevant theories and practices of spatial power configuration and with a focused 4-week seminar preparation of a unit theme, each year, on a particular city or relevant event or project which informs the assessment set.

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15

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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15

A central question of this module is whether, and to what extent, there is anything distinctive about legal reasoning compared to reasoning in general. 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.

It is a premise of the module that any competent advocate, or indeed lawyer, must demonstrate a proficient grounding in elementary logic. As such, the module will explore, and students will be expected to demonstrate, the role played inferential logic within legal reasoning. The module will also consider logical and other fallacies. For example, and drawing on Schauer, by asking whether authority-based reasoning (ie the doctrine of precedent) is a fallacy; and, drawing on Kahneman, by investigating the role played by psychological heuristics in all forms of decision-making including legal forms.

In addition to the conventional categories of inferential reasoning, the module will consider other forms of reasoning including, but not limited to, practical, statistical, and marginal/economic forms. In the latter context, and drawing on Farnsworth, it will consider the differences between ex post and ex ante forms of reasoning: the first response being about cleaning up after things have gone wrong, and the second about the effects of decisions in the future. The latter perspective leads naturally to a broader consideration of policy-based reasoning in general.

Students will explore the role played by different forms of reasoning in different contexts; for example by considering and demonstrating the use of logical deduction and probable inference in the context of legal proof (evidence) and the role of other forms of reasoning, including rhetoric, in the formulation of legal arguments.

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 ranging from skeleton arguments, oral presentations, mock trials and/or applicationsand/or mooting (subject to availability). Students will be expected to reflect critically on their learning practice by producing a self-reflective portfolio.

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15

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.

An indicative list of topics studies follows:

• The history of international law

• Sources of international law

• The relationship between international law and domestic law

• Jurisdiction and Immunities

• Statehood

• Self-determination

• State responsibility

• International dispute settlement

• The International Court of Justice and International Organisations

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15

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.

The topics covered may include:

• The prohibition of the threat or use of force and the right to self-defence in international law

• Principles of International Humanitarian Law

• UN Peacekeeping and UN-authorised Peace Enforcement

• Humanitarian intervention and the 'Responsibility to Protect'

• Other doctrines of unilateral intervention

• Combatants and civilians

• Weapons and Methods of Warfare

• War Crimes

• The role of international humanitarian law in international criminal trials

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15

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.

An indicative list of topics is as follows:

• The History of Human Rights Law and Contemporary Approaches to Human Rights Law.

• United Nations Treaty Bodies and Special Procedures.

• Regional Human Rights Systems and Approaches.

• The International Bill of Human Rights: The Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.

• The Prohibition of Torture.

• Human Rights in Times of Crisis.

• Rights of Women.

• Rights of the Child.

• Minority Rights.

• Indigenous People's Rights.

• Forced Migration and Displacement.

• Right to Development.

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15

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.

By necessity these topics will vary, but an indicative list follows:

• International legal methods, critical histories and theoretical perspectives

• History and historiography of international law

• Reconciliation, transition and conceptions of justice

• International criminal law

• Territorial disputes

• Inequality, poverty and international law

• Natural resource use and extraction

• International law and the global political economy

• International trade and biosecurity

• International law and international relations

• Key cases in international law

• International Law and Violence

• International Law and Migration

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• Social understandings of home and homelessness.

• The history of contemporary homelessness law and policy.

• England's current legal framework of homelessness law.

• Comparative legal and policy perspectives.

• Street homelessness and its regulation.

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15

This module focuses on the way law defines, constructs and regulates the family and familial relations. Autumn term deals broadly with the institution of marriage and relations between partners, including definitions of the family, marriage, civil partnerships and cohabitation, domestic violence, divorce and family dispute resolution. Spring term deals with the relationship between parents, children and the state, including reproductive technology, parenthood, children’s rights, private law disputes over post-separation arrangements for children, child support, and public law provisions for the care, supervision and adoption of children

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30

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 are, or might be, expressed in English law.

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30

The role of evidence in a courtroom is technical but its rules reflect core principles of the due process of law. These are becoming more significant with the implementation of the Human Rights Act 1998. The module considers matters such as the functions of judge and jury, standards and burdens of proof, the competence and examination of witnesses, the exclusionary rules relating to character, opinion and hearsay, improperly obtained evidence. The module also introduces students to the process of inferential logic.

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30

This module seeks not only to familiarise students with the basic concepts and structure of modern British 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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30

Over the academic year, a wide range of topics will be covered, these may include the following:

- The History of Comparative Law

- The Strengths and Weaknesses of Comparative Law

- The Politics of Comparative Law

- Method: Comparative Law's Quandary

- The Relationship Between the (Legal) Self and the Other

- Reading Foreign Law: The Possibilities and Limits of Legal Translation

- Common Law and Civil Law: Not so Different?

- How Legal Concepts Travel (or Not) Across Legal Cultures

- Can Western Comparative Law Work in Asia?

- The Use of Foreign Law in Constitutional Interpretation

- The Debate Over Harmonization and Uniformization of Laws

- Towards a Global Legal Order? Comparative Law’s Contribution

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30

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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30

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 programme.

The following topics will be covered:

• The History of Policing

• Modern organisation of the Police

• Transnational Policing

• Policing Strategies

• The Constitutional Role and Accountability of the Police

• Fighting crime

• Police Powers and Police Discretion

• Interrogation and Confessions

• Prosecution and Policing

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15

Students on this module must become members of the Kent Law Clinic, and work under Supervisors 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, the conduct of at least two substantial cases (or the equivalent), involving proceedings in courts or tribunals or other legal forums, or projects on an area 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 two substantial cases (or the equivalent) for the purposes of this module.

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30

This module will focus on the leading topic areas of intellectual property law (including practical aspects), namely:

• Copyright

• Patents

• The uses of IP, remedies for infringement and enforcement

• International intellectual property

• Trade marks

• Passing off

• Breach of confidence

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30

This module allows a student to undertake a lengthy writing project on a law -related subject that interests her/him under the supervision of a KLS staff member. It is available to Stage 3 students taking single or combined honours law programmes. Public Law II is a compulsory prerequisite module. Entry to this module will be based on gaining a Merit in stage 1, however, if they achieve a 2:1 in the Public Law 2 special study they may be admitted subsequently. Students wishing to take this module must settle on their topic and find a dissertation supervisor near the end of the Spring term of the academic year previous to the start of this module. During the first term of this module, the convenor will conduct several sessions on how to research and write a law dissertation.

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30

This module allows a student to undertake a lengthy writing project on a law -related subject that interests her/him under the supervision of a KLS staff member. It is available to Stage 2 and 3 students taking single or combined honours law programmes. Students wishing to take this module must settle on their topic and find a dissertation supervisor near the end of the Spring term of the academic year previous to the start of this module. During the first term of this module, the convenor will conduct several sessions on how to research and write a law dissertation.

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15

This module investigates the relationship between law and social change, and explores the political, economic and social dynamics that affect this relationship over time. We 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 can the law be harnessed for 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 social, economic and political dynamics?

• What are the obstacles and limitations to the law contributing to and creating social change?

• 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 some 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 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. The module wraps up with a student-led session on their essay-in progress.

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15

This module focuses on governance, regulation, norm-maintenance and rule non-compliance within communities and institutions. It provides a distinct perspective to general questions of law, socio-legal theory, and jurisprudence. Key questions include: when do norms count as law? How do communities govern themselves, and what role do law and social norms play in this process? What authority do intentional communities possess when it comes to rule-breaking? What is the relationship between community rules and state law? Can communities function without rules? And is institutional law-breaking (or non-compliance) analogous to individual disobedience? Topics include: legal pluralism and legal consciousness, Foucault and governmentality, norm-following among strangers, etiquette within public sex communities, virtual worlds, governing through local currencies, nudism, self-regulation in a free school, and Speakers Corner.

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15

The following key themes will be covered in the module:

I. Legal Sources of Immigration, asylum and refugee law: British, EU, Council of Europe, international, comparative.

II. Historical Evolution of the government and regulation of immigration, asylum and refugee subjects.

III Asylum and Refugee law: (1) International, ECHR and EU standards on asylum and refugee protection (2) Key aspects of British law and practice on asylum.

IV. Select aspects of Immigration law (British, EU and ECHR standards will be integrated)

V. Key contemporary problems in each of the fields of immigration, asylum and refugee law (as case studies).

VI. Key interdisciplinary contemporary debates and contributions to the study of immigration, asylum and refugee law.

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30

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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30

The module addresses the regulation of consumer markets. This module is aimed at students who wish to have an understanding of substantive law, policies and institutional framework concerning the regulation of consumer markets. The topic which will be covered in the module include:

• Consumer society and the rise of consumer protection policy

• Rationales for regulating consumer markets

• Techniques for regulating consumer markets

• The regulation of advertising and marketing practices

• The regulation of unfair commercial practices

• The regulation of unfair contract terms

• The regulation of consumer credit

• The regulation of food safety and quality

• The regulation of product safety and quality

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30

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 to be introduced to material you may not be familiar with as well as a chance to pursue an interest you 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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15

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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15

This area of law considers a developing jurisprudence that involves international treaties, laws, ethics, and policy considerations relating to the art market and cultural heritage. This module aims to define art and cultural heritage/cultural property; to identify the need for national and international regulation of the art trade (theft, illegal export, trafficking) both in time of peace and in time of war as well as the issue of restitution of wrongfully displaced objects. It will also explore areas of the art trade that need regulation such as consumer protection (fakes and forgeries); the role of experts (opinion and liability), artists (his rights, his freedom and his life), dealers (auction houses and private dealers), and museums (role and collection management) in the trade. Finally, the module addresses the essential question of the need to change the law to accommodate the specific needs of protection of cultural heritage and it aims to give coherence to a complex body of rules at the intersection of civil law, property law, criminal law, public law, private international law and public international law.

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30

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 case 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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15

Environmental Law I involves lectures covering the following topics:

• Introduction: basic concepts in Environmental Law

• Public health origins and statutory nuisances

• Regulatory approaches at national, European Community and international levels

• The legal protection of the aquatic environment

• Waste management and the legal protection of land quality

• The legal protection of air quality

• The integration of pollution control

• Enforcement at national and European Community levels

• Alternative approaches to environmental protection

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15

Environmental Law II involves lectures covering the following topics:

• Civil law and the protection of the environment

• Environmental human rights

• Planning law and land use

• Environmental impact assessment

• The legal status of flora and fauna

• Conservation Law in national, EC and international law

• The protection of species

• The protection of habitats

• The interface between planning and conservation

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The module will assume prior knowledge and understanding of the foundational levels of tort law taught in LW315 and LW597/LW651. 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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Teaching and assessment

Law

Kent Law School emphasises research-led teaching which means that the modules taught are at the leading edge of new legal and policy developments. Kent Law School is renowned nationally for research quality, being ‘world-leading’ or ‘internationally excellent’. All of our research-active staff teach, so you are taught by influential thinkers who are at the forefront of their field. We also have one of the best student-staff ratios in the country, which allows small, weekly seminar-group teaching in all of our core modules, where you are actively encouraged to take part.

Most modules are assessed by end-of-year examinations and continuous assessment, the ratio varying from module to module, with Kent encouraging and supporting the development of research and written skills. Some modules include an optional research-based dissertation that counts for 45% or, in some cases, 100% of the final mark. Assessment can also incorporate assessment through oral presentation and argument, often in the style of legal practice (such as mooting), and client-based work and reflection through our Law Clinic.

Philosophy

Teaching is by lectures, seminars, class discussions, and individual and group research, which is discussed in class.

All modules are assessed by 100% coursework (essays, in-class assignments, seminar participation) throughout the year.

Programme aims

For programmes aims and learning outcomes please see the specification for each subject below. Please note that outcomes will depend on your specific module selection:

Careers

Law

The University has an excellent employment record, with Kent Law School graduates commanding some of the highest starting salaries in the UK.

Law graduates can go into a variety of careers, including working as: solicitors or barristers in private practice; lawyers in companies, local authorities, central government and its agencies, or in the institutions of the European Union; non-legal careers, such as banking, finance and management.

Kent Law School has an active careers programme that sees a number of leading law firms and prominent members of the legal profession (including Kent alumni) visit the University to meet and speak with students. The Law School also gives students the opportunity to develop legal skills while at Kent, through modules in mooting and negotiation, and through involvement in the Law Clinic. We also actively work with employers to create work placement opportunities for our students.

Philosophy

Through your studies, you gain the key transferable skills considered essential by graduate employers. These include excellent communication skills, both written and oral, the ability to work in a team and independently, the ability to analyse and summarise complex material and devise innovative and well thought-out solutions.

Recently, our graduates have gone into areas such as teaching, publishing, journalism, media, marketing, the civil service and the legal profession.

Independent rankings

For graduate prospects, Law at Kent was ranked 7th in The Complete University Guide 2018, 11th in The Times Good University Guide 2017 and 15th in The Guardian University Guide 2018. Of Law students who graduated from Kent in 2016, over 97% were in work or further study within six months (DLHE).

Of Philosophy students who graduated from Kent in 2016, over 97% were in work or further study within six months (DLHE).

Professional recognition

This programme leads to a Qualifying Law Degree (QLD). A QLD is currently recognised by the Solicitors Regulation Authority and the Bar Standards Board as satisfying the first stage of training required to qualify as a solicitor or barrister in England and Wales.

Please note: The Solicitors Regulation Authority has announced its intention to introduce the Solicitors Qualifying Examination (SQE) for prospective solicitors, doing so by 2020 at the earliest. 

Transitional arrangements will enable students who start a Qualifying Law Degree before the introduction of the SQE to finish and qualify under the current or new system. Please see our Admissions FAQs for more information.

Entry requirements

Home/EU students

The University will consider applications from students offering a wide range of qualifications. Typical requirements are listed below. Students offering alternative qualifications should contact us for further advice. 

It is not possible to offer places to all students who meet this typical offer/minimum requirement.

New GCSE grades

If you’ve taken exams under the new GCSE grading system, please see our conversion table to convert your GCSE grades.

Qualification Typical offer/minimum requirement
A level

AAA-ABB

Access to HE Diploma

The University will not necessarily make conditional offers to all Access candidates but will continue to assess them on an individual basis. 

If we make you an offer, you will need to obtain/pass the overall Access to Higher Education Diploma and may also be required to obtain a proportion of the total level 3 credits and/or credits in particular subjects at merit grade or above.

BTEC Level 3 Extended Diploma (formerly BTEC National Diploma)

The University will consider applicants holding BTEC National Diploma and Extended National Diploma Qualifications (QCF; NQF; OCR) on a case-by-case basis. Please contact us for further advice on your individual circumstances.

International Baccalaureate

34 points overall or 17 points at HL

International students

The University welcomes applications from international students. Our international recruitment team can guide you on entry requirements. See our International Student website for further information about entry requirements for your country.

If you need to increase your level of qualification ready for undergraduate study, we offer a number of International Foundation Programmes.

Meet our staff in your country

For more advice about applying to Kent, you can meet our staff at a range of international events.

English Language Requirements

Please see our English language entry requirements web page.

Please note that if you are required to meet an English language condition, we offer a number of 'pre-sessional' courses in English for Academic Purposes. You attend these courses before starting your degree programme. 

General entry requirements

Please also see our general entry requirements.

Fees

The 2018/19 annual tuition fees for this programme are:

UK/EU Overseas
Full-time £9250 £15200
Part-time £4625 £7600

For students continuing on this programme, fees will increase year on year by no more than RPI + 3% in each academic year of study except where regulated.* 

Your fee status

The University will assess your fee status as part of the application process. If you are uncertain about your fee status you may wish to seek advice from UKCISA before applying.

General additional costs

Find out more about accommodation and living costs, plus general additional costs that you may pay when studying at Kent.

Funding

University funding

Kent offers generous financial support schemes to assist eligible undergraduate students during their studies. See our funding page for more details. 

Government funding

You may be eligible for government finance to help pay for the costs of studying. See the Government's student finance website.

Scholarships

General scholarships

Scholarships are available for excellence in academic performance, sport and music and are awarded on merit. For further information on the range of awards available and to make an application see our scholarships website.

The Kent Scholarship for Academic Excellence

At Kent we recognise, encourage and reward excellence. We have created the Kent Scholarship for Academic Excellence. 

For 2018/19 entry, the scholarship will be awarded to any applicant who achieves a minimum of AAA over three A levels, or the equivalent qualifications (including BTEC and IB) as specified on our scholarships pages

The scholarship is also extended to those who achieve AAB at A level (or specified equivalents) where one of the subjects is either Mathematics or a Modern Foreign Language. Please review the eligibility criteria.

Full-time

Part-time

The Key Information Set (KIS) data is compiled by UNISTATS and draws from a variety of sources which includes the National Student Survey and the Higher Education Statistical Agency. The data for assessment and contact hours is compiled from the most populous modules (to the total of 120 credits for an academic session) for this particular degree programme. 

Depending on module selection, there may be some variation between the KIS data and an individual's experience. For further information on how the KIS data is compiled please see the UNISTATS website.

If you have any queries about a particular programme, please contact information@kent.ac.uk.