Third and Fourth Year Courses
This section lists courses offered at levels three and four. Most students who attend these courses are pursuing an LL.B., but students from outwith the School of Law, and students visiting from abroad, also attend some of the listed courses.Administrative Law [93CB]
Prof. Tom Mullen
Level Four
The course aims (1) to make students familiar with the current debates about the nature and purpose of administrative law; (2) to enable students to assess critically the positions taken in these debates; and (3) to consider the consider the practical implications of these debates (4) to assess the role of material from other jurisdictions and (5) to consider selectively the contribution to understanding administrative law offered by other disciplines such as politics and economics. The course covers a range of topics in administrative law including:
- Introductory: the origins of UK administrative law, constitutional reform, European integration, and the New Public Management Discretion;
- Rulemaking and Participation: discretion, delegated legislation and public inquiries;
- The Role of the Courts: judicial review including doctrines of ultra vires, procedural fairness, review of discretionary powers, the scope of judicial review, the use and impact of judicial review;
- Grievances and Other Issues: non-judicial techniques for redress including tribunals, Ombudsmen, and other less formal processes; financial audit.
Advanced International Law [89YR]
Mr Akbar Rasulov
Level Three
This course examines the character, role, and function of public international law in the context of the existing system of international relations, with a special emphasis on the international dispute settlement mechanisms, North-South relationship, self-determination, trade, development, and the protection of environment and human rights within the WTO system. In the first semester we will focus primarily on the law of international dispute settlement and the various aspects of the North-South balance of power. In the second semester we will turn our attention to the law of international trade and its relationship with other branches of international law. This course is intended as a transitional course between Public International Law (Ordinary) and the specialised international law courses taught at the honours level.
Anti-Discrimination Law in Practice [89HT]
Prof. Muriel Robison
Level Three
This course focuses on the operation of British anti-discrimination law in practice in its European context. The course starts with an overview of the historical perspective and a discussion about theories and concepts of equality. The course then takes an indepth look at the prohibited grounds of sex, race, disability, sexual orientation, religion or belief and age, and also at equal pay. It looks at the legal formulation of the concepts of discrimination and the contexts in which discrimination is unlawful, focusing on employment and the provision of services. It concludes by looking at both individual enforcement through tribunals and courts and collective enforcement through the public sector duties and likely future direction of the law. The focus of the teaching is on the substantive law with a particular emphasis on its application in practice.
Civil Jurisdiction and Evidence [89SX]
Prof. E B Crawford
Level Three
The course aims to familiarise the class with Scots rules of jurisdiction in civil and commercial matters, and to enable members of the class to solve problems of conflicting jurisdictions. The importance of understanding and possessing up-to-date knowledge of rules of civil jurisdiction cannot be over-stressed. A legal right is of no value unless it can be enforced; this course will equip students to advise on where and where best a right may be pursued, and where it can be enforced. The course will include coverage of topics such as the means of recovery and preservation of evidence (e.g. ‘dawn raids’) and proof of foreign law. The natural companion to a study of jurisdiction and judgments is examination of the nature and content of the Scottish rules of civil evidence. All of these topics are of great current interest and importance to commercial practitioners; the course is particularly suited to students intending to enter the legal profession in Scotland or abroad, it being advisable for such students to be able to display knowledge and understanding in these areas of law.
Commercial Banking [89TG]
Prof. Lorne Crerar
Level Three
Starting from a base of the history of banking and its evolution, together with the structure and regulation of the banking industry the course examines the banker-customer relationship in both the domestic and commercial fields; the bankers role as a monetary agent in domestic and international transactions and the law relating to cheques and other negotiable instruments and bankers securities to provide an understanding of the banking market place and the financial instruments and dealings there. Linked to regulation, consideration will be given to the collapse of Barings Bank and BCCI. A lecture will also be devoted to corporate finance issues. The proposals for reform as related to the changing area of the legal structure, the developments in the technology of the banking world such as internet, ecommerce banking, EFTPOS, credit tokens, and other money transfers and its effects upon the law. Also covered in the course will be all modern developments in Banking Law including recent cases and studies associated to practical matters presently affecting the banking industry including the evolution of the duties of care encumbent on bankers.
Company Law [96GY]
Prof. Iain MacNeil
Level Four
This course covers the theoretical and practical aspects of company law. It focuses on:
- The legal nature and structure of companies;
- Corporate Finance;
- Corporate Governance;
- Legal Issues relating to Financial Markets.
Seminars are drawn from the following topics: constitutional structure; corporate personality and limited liability; attribution of responsibility in civil and criminal law; share capital; loans and security interests; theory and mechanisms of corporate governance; directors’ duties; corporate governance codes; shareholder democracy; shareholders’ remedies; insider dealing and market abuse; takeovers; private equity; hedge funds.
Comparative Law [89TH]
Prof. Esin Örücü
Level Three
This general course is a framework course, examining concepts, tasks, aims and methodological problems of comparative law. Students are introduced to the major legal families and traditions. Micro comparisons will be carried out by students in a number of fields whereby they can develop skills of comparative methodology and analysis. Components of the course are: Introduction and methodology; the civil law tradition; socialist laws; common law tradition; an overview of European legal systems and the European community legal order; and, transfrontier mobility of law and interaction between legal systems.
Computers and the Law [91JA]
Mrs Pauline McBride
Level Four
This course will examine the substantive law that relates to computers, their use and misuse. We will look in detail at how effectively the existing laws regulate use of computers and how they will, or ought, to be improved. To achieve this we will examine:
- Contract and modern mediums of communications
- E-commerce
- Intellectual Property
- Cryptography & Privacy
- Delictual liability and the computer
- Crime, computers and the “Net”
This course is not about computers, the Internet or information technology. It is a law course investigating the legal aspects of computers. Just as the law relating to sport does not require the legal practitioner or student to be an athlete, computer law does not require you to be a programmer. You will be required to introduce yourself to some of the fundamental concepts of computers, the Internet and IT but the only prerequisite computer knowledge is that of the University’s Basic IT course. If any student feels that they would benefit from a “refresher” on IT skills this can be arranged with the course teaching staff.
Constitutional Law [93CG]
Prof. Adam Tomkins
Level Four
In Semester 1, the course considers certain fundamental issues in constitutional theory and practice including the nature of constitutional authority, accountability and responsible government, questions of sovereignty, the rule of law, rights and democracy, the impact of devolution, the failure of the EU’s Constitutional Treaty, and the globalisation of constitutionalism. These issues are discussed at Scottish, UK and EU levels. Semester 2 consists of group presentations (approximately 3 students per group) on leading constitutional texts. During the course, students are also required to complete a research essay (maximum 5,000 words) which is submitted in January.
Conveyancing – Commercial Missives [93BN]
Prof. Robert Rennie
Level Four
The course looks at Missives in general and Commercial Missives in particular depth. The course deals with the legal aspects of missives such as how they are constituted and concluded, suspensive conditions, environmental law , transferring employees under the TUPE regulations, specialities involving limited companies and remedies for breach of missives. The course also looks at particular aspects of different types of missives such as missives for a residential dwelling house, missives for licensed premises, missives in respect of a building site for development, missives for a retail warehouse, missives for the acquisition of industrial property. Finally, the last seminar discusses the nature of the commercial client and the relationship between the solicitor and the commercial client.
Criminal Justice [89SW]
Dr Fiona Leverick
Level Three
This course provides an in-depth and critical examination of the criminal justice system and process. It does so with particular reference to Scotland, but will also draw upon the experiences of other jurisdictions and the case law of the European Court of Human Rights. Over the course of the year, we will start by looking at some of the tools and models by which the criminal justice system can be analysed. We will then look at the whole criminal justice process, beginning with the investigation stage, before moving on to the prosecution system, the trial (and alternatives to the trial), sentencing and appeals. We will also look at criminal justice policy at the European level and at a number of current issues and debates.
Criminal Law: History and Theory [91HY]
Prof. Lindsay Farmer
Level Four
This course will examine the development of theories of criminal law, with particular reference to the development of criminal jurisprudence in Scotland. The course will be divided into two parts. In the first part we will study the development and structure of certain criminal offences in Scottish and Anglo-American law; the second part will study a range of theoretical approaches to understanding the criminal law, looking in particular at the development of general theories of criminal liability.
Domestic Violence [88GG]
Ms M Connelly
Level Four
This course examines the legal response to domestic violence. The seminars will explore policing and prosecution of domestic violence, punishment of perpetrators, civil protection orders, women who kill violent men and will look at innovative legal responses to domestic violence including the domestic violence court and alternative dispute resolution. A visit to the pilot domestic violence court in Glasgow Sheriff Court will form part of this course.
Environmental Law [93BP]
Prof. Kenneth Ross
Level Three
This course aims to familiarise students with Environmental Law, considering the international and European background, its basic principles, the impact of the ECHR, and the methods used to promote environmental protection. The main focus of the course will be substantive Scottish Environmental Law, examining how it has developed, the role of regulatory agencies and the range of enforcement mechanisms. Specific consideration will be given to areas such as waste management, water pollution, renewables and contaminated land.
European Human Rights Project [93UB]
Prof. Jim Murdoch
Level Four
The project was awarded the Slaughter & May Partnership Award for innovation in the teaching and learning of law, and also one of the University’s first ‘Teaching Excellence Awards’ in 2006. This option is offered as an alternative to the regular teaching and assessment arrangements in the class of European Human Rights Law, but seeks to promote academic knowledge through group work rather than through seminar attendance. It will be of particular interest to students with a strong academic background who wish to develop skills in teamwork and self-assessment and who have some interest in human rights.
The project essentially involves the preparation, presentation and evaluation of written and oral pleadings based upon a case raising issues of jurisprudence and policy under the European Convention of Human Rights. Two teams of 5 students act the roles of lawyers for the applicant and for the respondent government, with oral pleadings normally taking place before a Human Rights Court in Strasbourg in March (with the ‘Court’ comprising members of the Court Registry and Human Rights Directorate of the Council of Europe). Teams are therefore responsible for assessing group - and individual - performances over a three-day period following directly after oral presentations. Students must also keep a log of work and experiences to help reflect on the development of teamwork, research, study, communication, time- and project-management skills, and knowledge and understanding of the Convention. Students will also be expected to help with the organisation of any trip overseas.
European Legal History [0CWW]
Dr John Finlay
Level Three
The overall aim of European Legal History is to provide students with a detailed overview of selected developments in law, legal procedure and legal structures in western Europe from the 12th century to the 19th century. The course also aims to prepare students for carrying out independent research at final Honours level through the research essay, the main instrument of assessment, on a topic selected by the student (subject to resources and the course co-ordinator’s approval). The teaching in the course will take place over both semesters. The class is open to LLB and MA (Honours) students. The following is a typical programme, but the programme may change slightly form year to year.
European Legal History (Early Modern Module) [8RHW]
Dr John Finlay
Level Three
This course covers selected developments in European legal history during the period 1500-1900. The particular themes covered may vary but generally would include some of the following. The development of the legal professions of Europe will be investigated, examining some contrasts between England and the rest of the continent. In terms of substantive law, the effect of the Reformation on the law of marriage and divorce is investigated. The general theme of the course is the fragmentation of the medieval ius commune and the development of national law. The importance of natural law and the codification movement is covered, and there is also investigation of the significance of European laws in the development of the law of slavery in the New World during the period.
European Legal History (Medieval Module) [8RHW]
Dr John Finlay
Level Three
The course covers the period 1000-1500 and investigates the main sources of law in the developed ius commune of late medieval Europe. The course begins by looking at the development of Roman law teaching in the medieval universities of Italy and France, based on the Digest compiled under the Emperor Justinian. The importance of canon law and the hierarchy of church courts in western Christendom is analysed by investigating the IVth Lateran Council in 1215. The practical use of the ius commune, and its interaction with local custom, is investigated both in general with some analysis of early public law concepts and also in regard to the developing laws of war in the late medieval period. The importance of the ius commune internationally, in commercial law and in the development of local sumptuary laws, are also investigated.
European Rules on Competition [96FZ]
Prof. Rosa Greaves
Level Four
This course aims to provide students with an understanding of the competition law and policy of the EC, an interesting and ever-developing field. The course will cover background and theory issues as well as the substantive provisions relating to anti-competitive agreements, co-operative agreements, abuse of a dominant position and mergers. It looks at how these areas of law are implemented and enforced in a political and economic context. The course will also cover the impact of a globalised economy on competition regulation. Students will develop their communication skills, both oral and written through this course. Group work during seminars is encouraged. The overriding aim of the course is to develop the students’ capacity for critical and analytical thought.
European Social Law [96FL]
Dr Jane Mair
Level Four
This course examines one of the most innovative and fast moving areas of European Law - the law relating to employees in the European Union. The syllabus includes aspects of discrimination law and workers rights. The interaction between European and domestic labour law is also considered. We discuss the sources of European Social Law, Treaty rules and selected relevant directives, the position of the UK following the adoption of the Treaty of Amsterdam and conflicting theories of regulation and deregulation in the labour market. Students are also introduced to research techniques in European law.
Forensic Investigation [93BR]
Dr Fiona Wylie
Level Four
This course will be based on the principles taught in the Forensic Medicine Ordinary class. Students will receive instructions on the requirements of the prosecution and the defence in the investigation of a case for court. The topics covered will be: the Role of the Senior Police Officer and the Role of the Forensic Scientist in the Investigation of the Scene of Crime, Ballistics, Vehicle Examination, Finger Prints and Photography, Forensic Haemogenetics, Forensic Serology, Questioned Documents, Fire and Explosion Investigation, Environmental Chemistry, Abuse of Drugs and Solvents, Alcohol, Drugs and Driving and The Forensic Scientist as an Expert Witness.
Fundamental Concepts of Private Law [87JD]
Prof. Johan van der Walt
Level Three
Fundamental Concepts of Private Law, part I (first ten weeks) will lead students through the various stages of the development of private law from Roman law to the classical systems of private law of 19th century Europe, America, England and Scotland. This development will be described in the course materials and outline as The Road to Formalisation, given the formalistic character of the late nineteenth century systems of law in which it culminated. Fundamental Concepts of Private Law, part II (eleventh to fifteenth week) will lead students through the two stages of deformalisation that characterised private law systems of 20 century Europe, America, England and Scotland, hence the descriptive title The Era of De-formalisation envisaged for this part of the course. The two stages of de-formalisation that are at issue here concern firstly the impact of the welfare state and social welfare regulation on the formal concepts of private law and secondly, the impact of the horizontal application of constitutional rights on the formal concepts of private law.
Genetics and the Law [93CD]
Ms. Shanti Williamson
Level Four
The ‘genetic revolution’ has raised some serious questions. Who should have access to an individual’s genetic information, and for what reasons? Should it be possible to use genetic tests to create ‘designer babies’? Should cloning be permitted? Is gene therapy OK? Who owns our genes? This course considers the role of the law in regulating genetics, both generally, and in particular areas such as confidentiality and genetic information, the use of genetic information in insurance and employment, DNA profiling and DNA databases, pre-natal and pre-implantation genetic testing and screening, reproductive and therapeutic cloning, gene therapy and property rights in genes.
History of Scots Law [96FM]
Dr John Finlay
Level Four
Semester 1: Eight seminars, spread over the semester, introducing students to the sources of legal history and mapping the medieval legal system by looking in detail at legal literature, the courts and medieval legal procedure. This part of the course will include a survey of the importance of the law of the church (canon law) and some focus on the Great Cause of 1291/2.
Semester 2: There will be eight seminars. This term will involve a detailed assessment of the work of legal writers in the early modern era, assessing their significance in the development of Scots Law. The background to these writers, legal education in general and the effect it had on legal writing will also be investigated to demonstrate the continuing significance of continental ideas and influences on legal development. Other topics may include the concept of legal union between Scotland and England in the seventeenth century, the development of the legal profession, Scottish contributions to the development of copyright and literary property in the eighteenth century, and the Court of Session during the period of Enlightenment.
History of Scots Law (Early Modern module) [87AF]
Dr John Finlay
Level Four
The course covers the period 1550-1800. The aim of the course is to examine the development of Scots law against the European background. Topics may vary from year to year, but the following are typical of the course content. The development of the legal profession and the Faculty of Advocates in Scotland; the importance of legal education for lawyers, both domestic (with special emphasis on the university of Glasgow in the eighteenth century) and foreign, with many Scots studying abroad prior to 1750. The various attempts at legal union with England between the union of the crowns in 1603 and the parliamentary union of 1707 are examined. Scotland has a significant history of witch persecution in the seventeenth century and the legal aspects of demonology are covered with a view to highlighting aspects of the development of criminal law. There is also focus on the significant legal writers of the early modern period, from legal humanists in the sixteenth century through to later writers such as Viscount Stair, Sir George Mackenzie and John Erskine.
History of Scots Law (Medieval Module) [87AE]
Dr John Finlay
Level Four
The course covers the period 1100-1550 and its aim is to assess the emergence of Scots law against the background of wider European development. The intention is to demonstrate the relevance of history in the development of legal concepts and also to show the importance which law has had in the development of Scottish society. A range of topics is covered and the precise subject matter may change from year to year. Typical areas investigated include late medieval legal treatises, the organisation of the medieval secular courts, the importance of canon law and the church courts, the development of the law of homicide, and the development of the central court, the College of Justice. The competition for the Scottish crown in 1291-2, known as the Great cause, is also analysed and debated.
The approach to the subject involves the use of primary sources (both printed and manuscript) whenever possible.
Human Reproduction and the Law [96GB]
Ms Sarah Elliston
Ms Joanne Ramsey
Level Four
Fed up with black letter law courses? Prefer discussing controversial, often highly emotive topics, rather than those already predetermined and set in stone? Interested in the conflict between people’s rights to bodily integrity and unwarranted intrusion by the State, often on behalf of ‘children’ yet to be born? If so, Human Reproduction and the Law may be the perfect course for you! This course deals with the legal and ethical problems associated with human reproduction and the role which medicine has to play in that process. Issues include: the rights and wrongs of abortion, assisted conception and access to reproductive technologies, embryo research, surrogacy, the legal and ethical status of contraceptive techniques including sterilisation and the regulation of conduct during pregnancy. Underlying these particular issues will be questions such as fitness to parent and whether there is, or ought to be, a right to reproduce (including the ethical, social, economic and practical limitations on such a right).
Human Rights and Scots Law [89TJ]
Prof. Jim Murdoch
Level Three
In Semester 1, students will study (a) The debate surrounding, and the consequences of, “incorporation” of the European Convention on Human Rights by virtue of the Human Rights Act 1998 and the Scotland Act 1998; (b) the work of the Council of Europe in the promotion of human rights; and (c) certain selected aspects of the European Convention of Human Rights, both as interpreted by the European Court of Human Rights, and as taken into account in decisions of domestic courts since 1999.
In Semester 2, consideration will be given to particular aspects of contemporary Scots Law and practice affecting the enjoyment of civil and political rights (for example, police powers, prisoner’s rights, freedom of expression, freedom of information, religious tolerance).
Immigration and Asylum [89XD]
Ms Maria Fletcher
Level Four
This course examines the UK legal system relating to the highly topical and contentious issues of immigration and asylum. As such, the course will map out and explore the relevant legal sources (asylum and immigration instruments, human rights instruments and free movement legislation) at the international, European and national levels and will enable a critical evaluation of the policy development in these fields. The procedural and substantive dynamics of legal decision-making in these fields will be explored in depth and students will benefit from several guest –lectures offered by experienced practitioners in the field.
Institutions and Judicial Control of the EU [89TD]
Ms Maria Fletcher
Level Three
With the recent failure of the ‘European Constitution’ and the recent enlargements of the EU there is no doubt that the European Union is experiencing an exciting, if challenging period. This course is well-timed to examine and critique the changing institutional and legal framework of the EU. Principles of good-governance will be explored as well as the intricacies and role of decision-making in the EU. The second part of the course will introduce and evaluate the role of the judicial institutions in EU integration, drawing upon relevant cases by way of case-studies.
Intellectual Property [89KK]
Mr Tom Guthrie
Level Three
The course starts with a general look at intellectual property law and the justifications for protecting this type of property, highlighting its differences from other forms of property. Specific types of intellectual property are then examined: copyright, database rights, design rights, patents, trade marks, passing off and confidential information. The course concludes by looking at the relationship between intellectual property rights and EU competition law and the law on free movement of goods. The focus of the teaching is on the substantive law, but issues of current debate will also be considered, e.g. the legal protection of software, the development of a ‘privacy’ right, and the use of trade marks on the internet.
International Law and Problems of the Contemporary World Order [92KD]
Mr Akbar Rasulov
Level Four
This course examines the role of public international law in the constitution of the contemporary world order. It aims to introduce the students to the basic paradigms of international relations theory and the main principles of critical legal analysis in order to help them develop a better understanding of the nature and relevance of international law as an instrument of politics and a lived professional practice. What kind of world are we living in today? Who calls the shots here? How did we get to this stage? How do we know what the current world order is, what constitutes its main problems, and how we should go about solving them? In the first semester we will review the importance of the classical Westphalian mythology in modern international law and the various challenges it faces from legal realism, political realism, and the “order without law” paradigm as well as the rise of international organizations, the development of international criminal justice, and the intensification of the so-called “transnational legal process.” After the winter break we will turn our attention to economic globalisation, international humanitarianism, their impact on the contemporary world order, and the importance of international law’s disciplinary and professional biases and blind spots. We will discuss the internal mechanics of various world order theories, the role played by international lawyers in global politics, and the invisible power of knowledge and expertise.
International Private Law [89XC]
Prof. E B Crawford
Level Four
Two subjects of special study are identified by agreement of the class and co-ordinator. Otherwise topics comprise areas of current general importance or controversy. There will be a balanced review of most areas of Conflict of Laws, including method, theory and current developments in harmonisation of conflict rules, but an emphasis will be placed on choice of law rules in the commercial arena. Students should note that this course is characterised by a high degree of student responsibility for his/her own learning and participation at class meetings. It is expected that students will devote themselves to independent reading and research under the guidance of the co-ordinator. The exacting format of the class is found to produce a commendable level of expertise and understanding of the subject area, and is widely considered by students who have taken the class to give a high degree of intellectual satisfaction.
International Taxation [89XB]
Mr John L R Brown
Level Four
The course aims include (1) enhancing student knowledge and understanding of the core principles of international taxation (2) creating a framework for the analysis of international tax problems and thereby developing skills in legal reasoning and problem solving (3) developing student knowledge of emerging trends in international taxation. The course will cover a range of specific international taxation issues focusing on corporate tax including:
- Principles of international tax law
- The development of the international system of tax treaties
- A detailed analysis of the key articles of a tax treaty
- Transfer pricing tax issues
- Aspects of international corporate tax planning
- Tax haven jurisdictions and the concept of tax competition between states
- The negotiation of a tax treaty between states
- The development of corporate tax harmonisation within the European Union
Law and the Roman World [87KR]
Prof. E Metzger
Level Four
This is an advanced course in Roman law which is concerned with both law and lawmaking. We study the law, but equally we study the way in which the law responded to social and economic issues. Wherever possible we study private documents and discuss how those documents depart from the law presented in the law books. The subjects covered are civil procedure, sale and damage to property.
Law and Ethics [96GZ]
Mr Colin Gavaghan
Level Four
This course deals with issues at the cutting edge of the relationship between law, ethics and medicine such as euthanasia; assisted suicide; selective non-treatment; resource allocation; advance directives; and organ transplantation.
Law and Social Theory [91WY]
Prof. Lindsay Farmer
Dr Scott Veitch
Level Four
This course will examine a range of contemporary analyses of law and legal institutions which draw on the tradition of social theory. These trends now constitute a discrete area of academic enquiry that is of growing importance and relevance. It examines the basic paradigms of social theory as it relates to law; places the development of law in social, theoretical and historical context; and develops a critical understanding of the relationship between legal and social theory that will enhance the student’s understanding of contemporary law and legal institutions.
Law and Theories of Property [88GE]
Ms Hilary Hiram
Level Four
The law of property forms part of the central core of private law but concepts of property and ownership are also central to a range of other disciplines. The course aims to introduce students to a range of theories of ownership and property relations and contemporary and topical issues relating to them.
The first part of the course is on the general theme of property and ownership and explores how these are related. This involves asking questions about the nature of ownership and the meanings of property; whether the law of property should be considered as the relation between persons and things or as a relation between persons; and the relationship between property and obligations. Readings will include contemporary scholarship in Scots law as well as general theories about the meanings and definition of ownership as between civilian and common law systems.
The theme of the second part of the course is the relationship between persons and things. This involves exploring the distinction between gifts and commodities and the ways in which things – or ‘property’ in its loose sense – function both as aspects of the self and as a means of mediating social and personal relationships. This involves exploring the work of classical and contemporary theorists in private law, philosophy, anthropology and psychology.
Law Justice and Morality [87KQ]
Prof. Emilios Christodoulidis
Level Four
The course is an advanced course in legal reasoning, theories of justice and moral and ethical reasoning. The aim of this course is to deepen students' knowledge and understanding of legal reasoning and to explore the connections between law, justice and traditions of thinking about morality and ethics. Whereas the emphasis of the level-3 course 'Legal theory' is mainly on law and political theory, this course is primarily concerned with law and theories of ethics.
Legal Theory [89TE]
Dr Scott Veitch
Level Three
The aim of this course is to provide an in-depth analysis of a range of theoretical understandings of law. Students will gain a thorough grounding in a series of philosophical theories of law and be expected to think them through in relation to pressing demands on contemporary society. This will be carried out with reference both to theoretical and case studies.
Part One of the course will involve a study of primary texts bearing on ethical and political justifications and critiques of law. Concentrating on key issues of sovereignty and legitimacy it will consider law’s role in relation to founding and revolutionary movements, violence, injustice and ideology, liberty and the rule of law, the obligation to obey the law, and moral conflict.
Part Two then proceeds to analyse the adequacy of the theoretical positions in light of recent demands placed on law and legal institutions. Comparative case studies in legal politics will be drawn from the UK, Australia, South Africa, and Germany on the following issues: genocide and the gross violation of human rights, law and reconciliation, amnesty and mercy, the changing role of the nation-state, terrorism, (post) colonialism and minority rights. These studies will be complemented by theoretical readings specifically devoted to each topic.
Media Law [88GF]
Prof. Jim Murdoch
Level Four
The course aims to provide students with knowledge and understanding of some of the major legal issues and challenges facing the publishing and broadcasting media today, in particular defamation, contempt of court, privacy, copyright and the internet, broadcasting law, freedom of information and data protection; and how these issues relate to human rights considerations.
Medico-Legal Problems [96HF]
Ms Sarah Elliston
Ms Joanne Ramsey
Level Four
Ever wondered what your rights as a ‘patient’ are? Or whether your doctor is as forthcoming with information concerning your health and medical choices as he/ she should be? Does the idea of the pharmaceutical industry profiting at the expense of some members of society fill you with contempt? Perhaps you are concerned by the use of the criminal law to prosecute those who transmit the HIV virus? If you are interested in pursuing a relatively new area of law which is both challenging and topical, then the Medico-legal Problems course may be the one for you. This course deals with the legal and ethical problems associated with medical care and treatment and in particular with the professional organisation of medicine and the legal response to it. Topics covered include confidentiality, access to medical records, negligence, information disclosure and consent to medical treatment, pharmaceutical products liability and the possible legal approaches to the transmission of HIV/AIDS. Underlying these particular issues are the interactions between law, medicine and society and the nature of the doctor/patient relationship. A comparative approach is a strong element of this course.
Obligations [93CN]
Dr M. Godfrey
Level Four
This course examines and debates current issues in contract, delict and unjustified enrichment, and the way that these parts of the law of obligations relate to each other. The first semester is primarily devoted to contractual issues, and to a lesser extent delictual ones, whilst the second semester is devoted to unjustified enrichment and the ‘revolution’ which Scots law has recently experienced in this area. The course is taught by Dr Godfrey, with the possibility of some guest lecturers taking one or two seminars.
Issues which may be considered include the theoretical basis for enforcing contracts, pre-contractual liability, the purpose of contractual damages, restitutionary damages, rules on remoteness of damage and whether the rules in contract and delict should be the same, illegal contracts, development of duty of care in negligence, liability in delict for nervous shock and pure economic loss, concurrent liability in contract and delict, third party rights in contract, the structure of unjustified enrichment in Scots law, the nature of remedies in unjustified enrichment, and the interaction of enrichment law with the law of contract.
Politics of Labour Law [87HS]
Ms Ruth Dukes
Level Four
This course provides an advanced level investigation into theories of labour law and current legal and policy issues arising in the field. We aim to start by placing the development of labour law and industrial relations concepts in theoretical, historical and political context and then, building on these discussions, to focus on particular questions of labour law and policy.
Topics are likely to include Work, Dignity and Equality; Work and the Market; Work and Conflict; Work and Democracy.
Professional Negligence [87AD]
Prof. Robert Rennie
Level Four
The course looks at Professional Negligence in general as part of the law of delict and contract. The reason for the dramatic increase in claims is examined as well as the concept of duties owed by professional people, such as lawyers, doctors, surgeons, and accountants. There will be a detailed examination of new heads in professional negligence claims and a detailed examination of how a claim is pursued and defended in the case of alleged negligence by a solicitor.
Reception of Laws [99PM]
Prof. Esin Örücü
Level Four
This course aims to study one of the most important components of comparative law; the transfrontier mobility of legal institutions, one of the results of which is the birth of mixed jurisdictions. There is an investigation into the reception of Roman law in Europe and Scotland and its influence in England as well as the spread of the common law. Causes and particular circumstances of adoption of foreign ideas are examined. Expansion of legal families and the consequences are looked at. Experiences of mixed jurisdictions such as Louisiana, Quebec, South Africa and Hong Kong are studied to enhance understanding of Scottish legal system. Some Central and Eastern European countries may also be looked at especially in the context of EU enlargement. Students will prepare case studies looking at systems of their choice.
United Nations Law [90BD]
Mr James Sloan
Level Four
So much of what is currently relevant in international law stems from the activities of the United Nations. It is, therefore, essential for a student who wants to progress beyond basic international law principles to gain a fuller and deeper understanding of the legal and political factors that govern the functioning of the organisation. The course will focus on the activities of the principal organs of the organisation, including the Security Council, the General Assembly, the Secretary-General and the International Court of Justice. The background and legal status of the organisation will be considered, as will the interrelation among the various organs. Particular focus areas include peacekeeping, the resolution of disputes and the use of collective security. Students will be expected to keep abreast of current developments in the United Nations for discussion purposes in class.