Undergraduate Module Descriptor

PHL2061: Philosophy of Law

This module descriptor refers to the 2022/3 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 Skills1. demonstrate the ability to think critically about the place of law in its broader philosophical context;
2. demonstrate 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 Skills3. apply philosophical reasoning to practical disputes outside of academia;
4. understand the integrated nature of ethics, political theory, law, and economics;
Personal and Key Skills5. communicate complex ideas in clear and precise written and verbal form; and
6. construct, evaluate, and criticise arguments.

Module Content

Syllabus Plan

Whilst the module’s precise content may vary from year to year, it is envisaged that the syllabus will cover some or all of the following topics:

 Positivism v Natural Law Theory (e.g. Hart, Dworkin, Raz, Finnis, Fuller)

Legal Realism, Critical Legal Studies and Critical Race Theory

Legal Reasoning and Judicial Interpretation

Theories of Punishment (e.g. retributivism, deterrentism, abolitionism)

Learning and Teaching

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

Scheduled Learning and Teaching ActivitiesGuided independent studyPlacement / study abroad
22128

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

CategoryHours of study timeDescription
Scheduled Learning and Teaching Activity22Weekly 2-hour lectures/seminars or 1 hour lecture + 1 hour seminar
Guided Independent Study40Assigned readings associated with each tutorial
Guided Independent Study88Preparation of Assigned Essays

Online Resources

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