Undergraduate Module Descriptor

PHL3061: Philosophy of Law

This module descriptor refers to the 2021/2 academic year.

Module Aims

To introduce you to a range of critical perspectives about the nature and justification of modern legal systems.
To develop your capacities for philosophical analysis and reasoning.
To encourage reflection on the moral, economic, and political basis of the modern state.
To prepare you for a wide range of legal and political career paths by showing the relevance of their philosophical training to “real world” practical debates.

Intended Learning Outcomes (ILOs)
This module's assessment will evaluate your achievement of the ILOs listed here – you will see reference to these ILO numbers in the details of the assessment for this module.
On successfully completing the programme you will be able to:
Module-Specific Skills	1. demonstrate the ability to think critically and precisely about the place of law in its broader philosophical context; 2. demonstrate detailed understanding of the key issues in classic debates about the nature of law, the grounds of legal reasoning, and the justification of judicial punishment;
Discipline-Specific Skills	3. apply philosophical reasoning comprehensively to practical disputes outside of academia 4. understand in detail the integrated nature of ethics, political theory, law, and economics;
Personal and Key Skills	5. communicate detailed and complex ideas in clear and precise written and verbal form; and 6. construct, evaluate, and criticise arguments in fine detail.

Module Content

Syllabus Plan

We begin by examining the classic debate between legal positivists and natural law theorists, focussing on the work of figures such as H.L.A. Hart, Ronald Dworkin, Joseph Raz, John Finnis, and Lon Fuller.

Building on this, we survey the main theories of legal reasoning, judicial interpretation, and the evidential character of precedent, particularly in light of Ludwig Wittgenstein’s celebrated analysis of rule-following.

Finally, we investigate the enduring debate over the justification of state punishment, focussing on key retributivist, consequentialist, and abolitionist arguments.

Learning and Teaching

This table provides an overview of how your hours of study for this module are allocated:

Scheduled Learning and Teaching Activities	Guided independent study	Placement / study abroad
22	128

...and this table provides a more detailed breakdown of the hours allocated to various study activities:

Category	Hours of study time	Description
Scheduled Learning and Teaching Activity	11	Eleven one-hour lectures
Scheduled Learning and Teaching Activity	11	Eleven one-hour tutorials
Guided Independent Study	40	Assigned readings associated with each tutorial
Guided Independent Study	88	Preparation of Assigned Essays

Online Resources

This module has online resources available via ELE (the Exeter Learning Environment).