Pre-requisite course
Delict (? course)
Textbook
Fleming: Law of Torts {9th ed.)
Assessment
Essay (1/3); Exam (2/3)
Preliminary Reading
P.S. Atiyah: The Damages Lottery
Course Organiser
Dr. D. Brodie
Members of staff teaching on the course
Dr. D. Brodie and Mr. M. Hogg
EC SUBSTANTIVE LAW
The aim of this course is to develop knowledge and understanding of the legal issues arising from the concept of the single internal market of the European Community and related policy issues.
The Autumn term is concerned essentially with economic activity: the Community as an actor in international trade, the internal movement of goods, monetary movements and the development of EMU. The Spring term is concerned more with the human element of the single market, in areas such as freedom to provide services, free movement of the employed and the self-employed, recognition of qualifications, citizenship and gender discrimination. The course will also look briefly at the CAP as an example of sectoral policy.
Prerequisite
A pass in European Community Law (Ordinary)
Suggested Reading
Green, Hartley and Usher: The Legal Foundations of the Single European Market (OUP 1991) ?
now rather out-of-date, but useful background
Weatherill and Beaumont: EC Law (3rd ed. 1999)
Craig and De Burca: EU Law ? Text, Cases and Materials (2nd ed. 1998)
Assessment
One essay (30% of grade); one written examination (70% of grade).
Course Organiser
Professor J.A. Usher
Staff Teaching the course
Professor J. Usher, Dr. N. Nic Shuibhne and Dr. R. Lane
EUROPEAN COMMUNITY REGULATION OF CULTURE AND THE MASS MEDIA
This course will explore European Community law?s impact on the cultural life of the Member States. Itaims to develop an understanding of: (a) the legal basis for European Community involvement in thecultural domain, focussing, in particular, on the impact of the Treaty articles relating to the Internal Market and competition on key cultural activities suchas sport and television broadcasting; (b) the various regulatory options, ranging from harmonisation to financial assistance, open to the European Community when intervening in the cultural field; and (c) therespective roles of the Member States, the European Community and other international organisations such as the Council of Europe when addressing cultural issues. The course examines whether the application of European Community law has led to greater cultural diversity within the Member States as well as whether it is encouraging the development of a new and distinct sense of European identity. Special attention will be given to initiatives in education and to European citizenship.
Prerequisite Courses
A pass in European Community Law (Ordinary) or a comparable course in European Community law.
Assessment
One essay (30% of total); one written examination (70% of total).
Course Organiser
Dr. R. Craufurd Smith
EUROPEAN INSTITUTIONS
The consititutions and methods of operation of contemporary European institutions, particularly the European Union. The principles and operation of the Treaty of Rome; the Single European Act; the Treaty on European Union. The pillar structure of the Treaty on European Union; the European Communities pillar; Common Foreign and Security Policy; Justice and Home Affairs. The theory and practice of European political, economic and legal integration The policies of the European Union. The European Union in the global context. The role of the institutions of the European Union; the European Commission; the Council of the European Union; the European Parliament; the European Court of Justice.
The course will throughout be concerned with examining the progress towards economic and political integration in Europe. Current topics will be considered, inter alia, enlargement, montery union, Treaty reform. The course is explicitly inter-disciplinary in nature.
Books
Dinan, D.: An Ever Closer Union (MacMillan, 1995)
Lodge, J.: The European Community and the Challenge of the Future (3rd Edition, Pinter)
Assessment
One essay (30% of total); written examination (70% of total)
Course Organiser/Teacher
Mr. A. Scott
FAMILY LAW
This course covers the law relating to ?family relationships?, in the broadest sense, and the resulting effects on individuals inter se and in society. In the first term, the law relating to husband and wife and to cohabitation will be considered. In the second term, the law relating to the child within the family and state intervention in respect of children will be considered. For each meeting of the class, students are expected to read the prescribed materials (often quite substantial) – books, articles, statutes, cases and law reform reports. This preparation will provide the background for a discussion of the selected topic. This course should be avoided by students who are not willing both to prepare the materials and to participate in discussion.
Pre-requisite course
Family Law (? course)
Assessment
10,000 Essay (50%), Unseen Examination (50%)
Student Selection
General academic merit with a preference for students who have a merit in Family Law (Ordinary)
Preliminary reading
Donzelot, The Policy of Families
Glendon, The New Family and the New Property
Gittnes, The Family in Question
Course Organiser/Teacher
Dr. A. Griffiths
FRENCH LAW
French Law provides students with an understanding of the logic of French law, a working knowledge of its sources and an ability to provide solutions to practical cases.
The course is divided into two parts
· A general introduction: history of civil law, sources of the law, court systems (judicial and administrative) and the legal profession
· An application of French Law (law of persons, right to privacy, succession, obligation etc. and any
topics which the class has a particular interest in).
Seminars
There will be one two-hour seminar each week
Assessment
By means of an essay (counting for 1/3) and a three hour written examination (counting for 2/3).
Student Selection
General academic merit. Knowledge of French is not essential but some French would be beneficial.
Preliminary reading
Bell (J), Boyron (S), Whittaker (S), Principles of French Law (1998)
Course Organiser/Teacher
Ma?tre J. Godard.
GENDER AND JUSTICE
The main aim of the course is to examine crime, the criminal law and the practice of the criminal justice system in relation to gender.
The first term examines differential patterns of criminal involvement between men and women and assesses explanations for these patterns. It also provides an overview of the operation of the criminal justice system as it relates to gender.
The second term provides a more detailed examination of specific types of crime such as homicide, incest and child sexual abuse. (This will include consideration of: patterns of victimisation; characteristics of perpetrators and explanations for their behaviours; and the nature and effectiveness of specialist programmes which have been developed to deal with perpetrators). It also examines the social and political processed underpinning the sanctioning of behaviours. Particular topics will include: prostitution; homosexuality; pornography and obscenity.
Preliminary Reading
A. Morris, Women, Crime and Criminal Justice
F. Heidensohn, Women and Crime
C. Smart, Feminism and the Power of Law
Assessment
By a three hour unseen examination (75%) and a course essay (25%). Oral examinations will be used on a selective basis. Non-law students taking the course as a one term module will be assessed by means of a course essay (see below).
Student Selection
Admission to the course will depend upon past academic record. Students who are not registered for an LL.B. may study the course for the first term only but preference will be given to those candidates who wish to study the course for two terms; students will not be allowed to join the course in the second term
Course Organiser/Teacher
Mrs. L. McAra
GERMAN PRIVATE AND COMMERCIAL LAW
The course aims to give students a basic understanding of German private law and to enable them to carry out independent research in German law to the extent necessary for problems in international private law or cross-border commercial negotiations. Knowledge of German is not a prerequisite. The course will cover: Introduction to the German Legal system in a European and comparative context. History of German law. Studying law in Germany and the legal profession. Basic notions of property law, contract and delict. Partnerships and Companies. Credit security and insolvency; corporate governance. Labour law.
Pre-requisite Courses
Property Law and Contract
Preliminary Reading
Nigel Foster: German Legal Systems and Laws, chap. 1
Assessment
By 5000 word essay (1/3) and written exam (2/3)
Quota
This course has a quota of 15 Law students and 10 non-Law students – Total 25.
Course Organiser
Mr. B. Sch?fer
Members of staff teaching on the course
Mr. B. Sch?fer and Professor G. Gretton
HISTORY OF SCOTS LAW
The aim in the first term of this course is to introduce the student to the techniques of historical scholarship and to consider in outline the development of Scots law until the 16th century. In the second term it is possible to study some areas of legal history in greater depth. Topics considered in the past have included Celtic law, legal writers, and areas of substantive law such as the constitution and dissolution of marriage, landownership, succession and homicide.
Students are encouraged to study law in its wider social context and, wherever possible, to make use of primary source material. A number of formal lecture-type sessions are unavoidable, but the preferred teaching method is by way of informed group discussion.
Assessment
The method of assessment is by unseen examination and one class essay of about 5,000 words. Essay topics are agreed at the end of the first term for submission at the start of the third term.
Preliminary reading
There is no set preliminary reading but a list of useful background material is available from Mr. Sellar. Although some acquaintance with the general course of Scottish history is an advantage it is not essential.
Course Organiser/Teacher
Dr. J.W. Cairns
HUMAN RIGHTS
This course begins with the conceptual analysis of human rights and proceeds to a consideration of important case studies in international human rights law (a background knowledge of public international law would be an advantage in this regard). In the second half of the course, the principal focus is on the European Convention on Human Rights and (to a lesser extent) protection of rights in the European Union and by other European instruments.
Assessment
By essay (33%) and written examination (67%), with oral examinations only as deemed necessary by the examiners.
Course Organiser
Mr. S. Tierney
Members of staff teaching the course
Mr. S. Tierney and Mr. W. Finnie
Preliminary Reading
While preliminary reading is not essential, students might consult, for example:
F.G. Jacobs & R.C.A. White, The European Convention on Human Rights (2nd ed., 1996)
Selection criterion
Academic merit as evinced by all earlier results in the degree course, including third year results when applicable (but with no preference as between third and fourth year students). Performance in other courses will be given extra weight only if necessary as a tie-breaker.
INFORMATION TECHNOLOGY AND LAW
This course has two parts. The first part is concerned with the substantive legal issues associated with software, hardware, the computer industry and in particular the Internet. Particular topics of current interest will be selected for in depth analysis, drawn from areas such as e-commerce; computers and intellectual property rights (e.g. copyright on the Web); electronic contracting and terms in software contracts; free speech on the Internet; crime on the Internet; and privacy rights in relation to electronic information. The need for a ?law of cyberspace? will be considered. The second part of the course deals with how computer technology can assist lawyers and judges in advising and deciding on solutions to legal issues. Students will emerge with both theoretical knowledge about AI and law, and the practical ability to build a legal knowledge based expert system. A small expert system built mainly during four class hours in a specified legal domain will be assessed as course work. Students will critically examine whether computer programmes can successfully model legal reasoning strategies such as deduction and analogy.
Teaching
Weekly 2 hour seminars
Assessment
Examination 60%
Students can choose either to write a 6,000 word essay to build an expert system in an approved legal domain with notes on the implementation methodology not exceeding 6,000 words. In either case this element is worth 40% of assessment.
Pre-requisites
Sudents taking this course must have a pass in Commercial Law Ordinary and Contract Law Ordinary. An interest in technology/artificial intelligence is desirable but no knowledge of computer programming is required.
Preliminary Reading
Edwards and Waelde (eds.), Law and the Internet: Regulating Cyberspace (Hart Publishing 1997)
Law and the Internet: A Framework for Electronic Commerce (Hart Publishing 2000)
Zeleznikow and Hunter, Building Intelligent Legal Information Systems (Kluwer, 1994)
Course Organiser
Ms. L. Edwards
Members of staff teaching the course
Ms. L. Edwards, Ms. C. Waelde and other members of the Law Faculty.
INTELLECTUAL PROPERTY LAW
Intellectual Property is the generic term for patents, copyright, trade marks, design rights and various other branches of law such as breach of confidence and passing off. The subjects has always been one of intrinsic interest, and its commercial significance has grown greatly in the last 20 years. The course will focus on UK law, but will also deal with international and EC aspects. Emphasis is given to current issues, including copyright in computer programs and databases, biotechnology patents, and the scope of design protection.
Seminars
Weekly 2 hour seminars ? Fridays 11 a.m. ? 1 p.m.
Assessment
Examination 60% and Essay 40% (7,500 words)
Preliminary Reading
Phillips & Firth, Introduction to Intellectual Property, (4th edition 1999/2000)
Course Organiser
Dr. G. T. Laurie
Members of staff teaching on the course
Dr. G. T. Laurie, Mrs. C. Waelde and Professor H. MacQueen
INTERNATIONAL LAW A: The Individual and International Law
The course will cover various topics relating to the role of individuals (including companies) in the international legal system. The principal topics will be such subjects as: diplomatic protection of nationals abroad; international human rights law; expropriation of property; state immunity; the foreign act of state doctrine; extradition; international criminal law (including such subjects as war crimes, piracy, hijacking, torture and terrorism); and international cooperation in the administration of justice.
Assessment
One essay ( to be submitted in the second or third term), plus a written examination.
Student Selection
No particular bias in favour of fourth year students, but a student who has performed well in one of the other honours courses in the area of international law in his or her third year will be regarded favourably.
Course Organiser
Dr. S. Neff
Members of staff teaching the course
Dr. S. Neff , Professor W. Gilmore and Ms. S. Stirling
JURISPRUDENCE OF LEGAL CONCEPTS
Aims
To encourage students to develop a clear picture of the overall conceptual framework within which legal activities and legal thoughts operate. To develop a critical approach to the values which inhere in legal institutions.
Decription
The course will discuss the conceptual framework of contemporary systems of private and public law, including general theories of rights, duties and powers. In this context certain main institutions of law will be considered such as property, ownership and possession; contract and promising; legal personality, delict, negligence and risk; responsibility and punishment, evidence and procedure; citizenship; rights and right creation. In each case there will be consideration of the extent to which particular legal or social values are presupposed by or flow from particular institutions.
Method of Assessment
Written examination (75%) and essay (25%)
Selection of Students
This course is compulsory for certain Joint Honours students who have not taken Ordinary Jurisprudence. They have first claim on places. Thereafter general academic merit. The quota is 25 students.
Course Organiser
Mr. B. Sch?fer
JUSTICE, ETHICS AND LAW
The course is concerned with theories and problems of justice, the right and the good in relation to law. The course will focus on the nature of moral values and their relevance to law (whether providing an intrinsic element of law, or a critical standard for its appraisal); theories of justice with special reference to legal problems; ethics and the legal process.