Module Code - Title:
LA4002
-
JURISPRUDENCE
Year Last Offered:
2025/6
Hours Per Week:
Grading Type:
N
Prerequisite Modules:
Rationale and Purpose of the Module:
To acquire a variety of theoretical perspectives on law through an examination of its nature and operation and an analysis of key concepts and issues.
Syllabus:
Schools of jurisprudence: positivism, classical and modern. KelsenÆs pure theory of law. Natural law theories. Historical and anthropological theories. Sociological jurisprudence. Legal realism. Marxist theories of law. Critical legal studies. Economic analyses. The operation of the law: precedent; statutory and constitutional interpretation. Theories of adjudication; DworkinÆs rights thesis. Key legal concepts including theories of justice and Hohfelds analysis. Key issues such as morality and the law and the duty to obey the law.
Learning Outcomes:
Cognitive (Knowledge, Understanding, Application, Analysis, Evaluation, Synthesis)
On successful completion of this module, students will be able to:
- Identify the major historical schools of jurisprudence from the Greeks to the nineteenth century.
- Describe the various historical theories of natural law and legal positivism.
- Assess the relevance of jurisprudence to modern law, especially to legislation and adjudication.
- Evaluate the major schools of jurisprudence from 1850-1970, including the æHistorical SchoolÆ of jurisprudence, anthropological theories of law, sociological jurisprudence, legal realism, and Marxist legal theories.
- Evaluate the major schools of jurisprudence since 1970, including liberalism, feminism, critical legal studies, critical race theory, and economical analysis of law.
- Critique legal positivism and natural law in light of the major contemporary theories of jurisprudence.
Affective (Attitudes and Values)
N/A
Psychomotor (Physical Skills)
N/A
How the Module will be Taught and what will be the Learning Experiences of the Students:
The module can be taught through traditional instruction in the classroom but it may also be taught on-line.
Research Findings Incorporated in to the Syllabus (If Relevant):
Prime Texts:
Other Relevant Texts:
Hart (2012)
The Concept of Law, 3rd ed
, Oxford University Press
Dworkin (1988)
Law's Empire
, Harvard University Press
Finnis (2011)
Natural Law and Natural Rights, 2nd ed
, Oxford University Press
Hart (1884)
Essays in Jurisprudence and Philosophy
, Oxford University Press
Fuller (1977)
The Morality of Law
, Yale University Press
Dworkin (1978)
Taking Rights Seriously
, Harvard University Press
Programme(s) in which this Module is Offered:
Semester(s) Module is Offered:
Spring
Module Leader:
Paul.McCutcheon@ul.ie