Preliminary Reading
L. Fuller: The Morality of Law
Assessment
By three hour examination (75%), by a course essay (25%) and oral examination. Members of the class are expected to contribute short essays or presentations for discussion in class sessions, but this work is not assessed towards the degree mark.
Course Organiser
Professor Z. Bankowski
Members of staff teaching on the course
Professor Z. Bankowski, Dr. E. Christodoulidis and Mr. B. Sch?fer
LABOUR LAW
The course will examine the role of the law within a historical and conceptual framework. Consideration will be given to issues of current social and political controversy.
The topics covered in the course will include:
1.Collective Labour Relations A brief outline of labour relations in Britain and the methods of rule making in industry with particular reference to the process of collective bargaining between trade unions and employers. The role of the law as an instrument to promote collective bargaining will be examined as will the effect which collective bargaining and other techniques of rule-making have on the individual contract of employment.
2.Industrial Action Freedom to strike and the need for legislation. The legal provisions which seek to guarantee that freedom.
3.Trade Unions, Trade Union Members? Right and Trade Union Democracy Legal definition and status of a trade union: political activity and its rationale. Common law and statutory control of union rules. The application of these controls to guarantee a right to membership of a trade union and the right of the individual member to participate in the government and management of the union.
4.The Contract of Employment Contract as the vehicle for employment rights; sources of terms and conditions of employment; common law rights and duties of employer and worker; statutory regulation; variation of terms and conditions of employment; termination of the contract; including statutory remedies in respect of unfair dismissal and redundancy.
5.Anti-discrimination legislation Discrimination in employment; Race Relations Act; Sex Discrimination Act; Equal Pay Act.
Preliminary Reading
Davies and Freedland, Labour Legislation and Public Policy
Assessment
One essay (35%), and a written examination (65%).
Course Organiser/Teacher
Dr. D. Brodie
LAW, DEMOCRACY AND CITIZENSHIP
The aim of the course is to encourage students to think critically about the relation of law and politics, the intersections and tensions between the two. Students are introduced to contemporary debates about democracy and its relationship to rights, the relationship between sovereignty and constitutionalism, the challenges to and contemporary defences of the ideal of the Rule of Law, theories of discourse and how they tie in with law on the one hand and the empowerment of civil society and workplace democracy on the other. The following general themes are covered:
(i) Law, Community and Solidarity, (ii) Law, Democracy and the Market, (iii) Constitutionalism, Sovereignty and the EU, (iv) Law, Transition and Risk (covering transitional justice, law and reconciliation, law and revolution) and (v) Law and Communication: theories of discourse, political rights and the economy.
Preliminary Reading
Teitel: Transitional Justice
MacCormick: Constructing Legal Systems: European Union in Legal Theory
Bankowski (ed): ELJ Special Issue: Legal Theory in the EU
Unger: Democracy Realised
Christodoulidis, Law and Reflexive Politics
Selznick: Law, Democracy and Industrial conflict
Selznick: The Moral Commonwealth
Pashukanis: Law and Marxism
Hayek: Law, Legislation andLiberty
Posner: The Economic Analysis of Law
Assessment
Students will be assessed by means of a 5,000 word essay which will count for a third of the final mark and a three hour unseen examination which will count for two thirds of the final mark.
Quota
This course has a quota of 15 Law students and 10 non-Law students – Total 25.
Course Organiser
Dr. E. Christodoulidis
Members of staff teaching on the course
Dr. E. Christodoulidis, Professor Z. Bankowski, Mr. B. Sch?fer and visitors
LEGAL PROCESS
This course examines anthropological and socio-legal approaches to legal process and focuses on methods of dispute resolution. The first half, which is also taken by honours students in Social Anthropology who take it as a one term course on ?Anthropology of Law?, focuses on dispute resolution in developing countries, particularly in Africa. The second half, which is also taken by honours students in Social Policy, who take it as a one term course on ?Law and Social Policy?, focuses on the UK and the USA. Topics covered include introductions to anthropological and socio-legal approaches to law, informal justice, law in the colonial context, legal pluralism, the roles of race and gender in the legal process, legal aid, courts and tribunals, redress and complaints procedures, regulation and the role of the ECHR and other international conventions.
Teaching
One two-hour seminar per week, with presentations from students as well as contributions from the class teachers.
Assessment
One three-hour examination (60%) and one essay (40%).
Quotas
Up to half the places in the class will be allocated to law students. In practice, we hope to accommodate any law student who wishes to take the class.
Course Organiser
Dr. Anne Griffiths
Course Teachers
Professor Michael Adler, Dr. Anne Griffiths and Dr. Fran Wasoff
MEDIA LAW
This course is concerned with the law relating to the arts and mass media in this country, including the press, broadcasting, cinema, video, theatre, books and art. Special regimes and laws affecting particular media such as cinema, video and broadcasting are studied, along with mechanisms for quality control and accountability. The news media are considered, and their reporting of politics and legal matters. There is examination of the limits on the freedom of expression which are imposed by the general law, in order to protect public interests (such as the administration of justice or official secrecy), personal interests (such as reputation and privacy) or societal values (such as decency and religion). The policy of the law is considered, in such matters as the ownership and financing of the media, and the motives and means of regulation.
[Other Honours courses which are to some extent complementary are European Community Regulation of Culture and the Mass Media, Human Rights, Information Technology and Law (where regulation of the internet is covered), and Intellectual Property.]
Assessment
By essay (33%) and written examination (67%), with oral examinations only as deemed necessary by the examiners.
Pre-requisite
A pass in Constitutional Law (Ordinary)
Course Organiser
Professor C. R. Munro
Members of staff teaching the course
Professor C. R. Munro with other contributors
Preliminary Reading
No preliminary reading is required, but interested students might consult these books, which will be included in the recommended reading:-
G. Robertson and A. Nicol, Media Law (3rd ed., 1992);
T. Gibbons: Regulating the Media; (2nd ed., 1998)
MEDICAL JURISPRUDENCE
This course relates, in the main, to the effect of the law on medical practice. Its essential motivation lies in an examination of the advances in medical technology which are currently so rapid as to outstrip the existing law; as a result, the foundation of the course lies as much in moral philosophy as in medical law. In addition, attention is paid to the increasing recourse to medical litigation and to an analysis of its cause.
The main subjects cover the inter-relationship of ethical and legal issues in medicine. Particular importance is attached to the concept of personhood and its significance as regards the rights of the in vitro embryo, the fetus and the neonate. The increasing importance of genetic research is emphasised. Controversial issues in private law that are covered include the control of fertility and abortion and all respects of assisted procreation; the autonomy of the patient in respect in respect of consent to or refusal of treatment is considered throughout. Medical negligence, the allocation of resources and the treatment of the aged receive specific attention as does mental health law in both the civil and criminal fields. A strong comparative element, with special reference to Commonwealth and American practice, is included.
The course is not an advanced course in forensic medicine and there is no requirement for a pass at Ordinary level in the latter subject.
The format of the course is of twenty two-hour sessions of which the first hour generally consists of a formal presentation and is followed by class discussion. A considerable amount of personal reading is, however, required.
Preliminary Reading
Students will not benefit from this course unless they have an elementary knowledge of the human anatomy and physiology – this need hardly be beyond that needed for intermediate level human biology. A useful elementary book is:
J. K. Raeburn & H. A. Raeburn: Anatomy, Physiology and Hygiene, London: John Murray
Prescribed Text
J. K. Mason & R. A. McCall Smith: Law and Medical Ethics (1999, 5th ed.) London: Butterworths
Other useful General Reading
D. W. Meyers: The Human Body and the Law (1990, 2nd ed.) Edinburgh University Press
T. F. Beauchamp & J. F. Childress: Principles of Biomedical Ethics (1994, 4th ed.) Oxford Univ. Press
M. Brazier: Medicine, Patients and the Law (1992) Harmondsworth: Penguin
J. K. Mason: Human Life and Medical Practice (1989) Edinburgh University Press
Assessment
Essay (30%) and examination without materials (70%) with oral as necessary.
Members of staff responsible for the course
Dr. G.T. Laurie and Professor J.K. Mason
Course Organiser
Dr. G.T. Laurie
PROPERTY LAW
This course offers the chance to study in greater detail a number of topics which were considered more superficially during the Ordinary course in Property Law. Among the topics which may be studied in 1999/2000 are the following: real rights; transfer of ownership; land registration; possession; vindication; real conditions; aspects of trust law; and aspects of succession law. The law of both moveables and immoveables is covered. Use is made of materials from other civilian and mixed legal systems.
Teaching
There will be one two-hour meeting each week for which students will be provided with a list of required reading.
Assessment
By unseen examination (67%) and by essay (33%). The topic for the essay will be made available in November and the completed essay, of 5,000 words, must be submitted by the end of January.
Entrance requirements
A pass in Property Law (Ordinary)
Preliminary Reading
The principal textbook for the course is K.G.C. Reid: The Law of Property in Scotland, and some browsing there would do no harm. It would also be useful to look at E. J. Cohn Manual of German Law (2nd. ed.) vol. I chapter 4, and C. G. van der Merwe, The Law of Things.
Course Organiser
Professor G.L. Gretton
Members of staff teaching on the course
Professor G.L. Gretton and some guest lecturers
PUNISHMENT AND SOCIETY
The aim of this course is to examine punishment in contemporary societies. The course examines the formal aims and objectives of modern penal systems (such as retribution, incapacitation and reform) and also the different types of punishment in use today (such as prisons, probation, fines, the death penalty and electronic ?tagging?). The course studies the extent to which different punishments are used, as well as evidence as to their effectiveness, and finishes by studying the leading sociological theories of the relationship between punishment and society.
Preliminary Reading
P. Young (1997): Crime and Criminal Justice in Scotland
P. Duff & N. Hutton (eds) (1999): Criminal Justice in Scotland
D. Garland (1990): Punishment and Modern Society
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).
Quota
This course has a quota of 15 Law student and 10 non-Law students – Total 25.
Student selection
Admission to the course will depend upon past academic record. Students who are not registered for an LL.B. should note that they may study the course for the first term only but that 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.
Members of staff teaching on the course
Dr. R. Jones and Mrs. L. McAra
Course Organiser
Dr. R. Jones
TAXATION
The course is divided into two uneven parts. The first and slightly shorter part looks at principles and practice of tax and estate planning. Building on the ordinary course, we shall look at particular areas in which tax may help shape the transaction, but now keeping all tax angles in mind rather than just one. In particular, we shall look at business tax planning in selected areas, family and estate planning, and the taxation of trusts.
The second half of the course moves away from a consideration of particular rules of UK taxation and considers tax in a social and economic context, and from an international perspective. What is tax trying to do? How do you identify a ?good? tax system? How does the UK system in general measure up? We shall consider these questions first theoretically, and then through the consideration of specific issues, such as the taxation of wealth, local authority taxation, the relationship of the tax and social security system. There will also be an introduction to principles of international tax, and the impact of membership of the EU on UK taxation
Entrance requirements
A pass in Taxation and Social Security Ordinary.
Assessment
Essay and written paper (33% and 67% respectively).
Student Selection
Selection is made on the basis of general academic merit, except that performance in Taxation and Social Security is used as a ?tie-breaker? where necessary when allocating the final places.
Preparation
Kay and King, The British Tax System (5th ed) is now ten years old but, despite showing its age, still cannot be beaten as a basic text. Try to pick up a second hand copy. New from OUP it is ?18.99. Any reading from this will be useful.
Course Organiser/Teacher
Ms. S. Eden.
B)COURSES NOT ON OFFER 2000-2001
ADMINISTRATIVE LAW
This course is designed to examine the scope and functioning of administrative law within its constitutional context; to examine the relation between law and government in Britain; and to explore the means by which government power is exercised and the legal methods by which it is controlled. Administrative law is a subject of growing importance to practitioners, so the course has a practical utility, but it also involves consideration of more theoretical issues.
A large part of the course will be concerned with study of the judicial control of administrative action, including aspects such as , natural justice and fairness, misuse or abuse of discretionary powers, error, exclusion of review, , and judicial review procedures. The main emphasis is on the current law of Scotland, but English law and European Community law will also be considered for comparative purposes, and occasionally other systems. Another area to be considered is the liability of public authorities, including delictual liability, statutory compensation, compensation, and the European dimension. There will also be examination of other, non-judicial, means of supervision of the executive and its activities, with particular reference to Ombudsman techniques.
AGRICULTURAL LAW
The primary aim of the course is to enable students to acquire a working knowledge of the law relating to agricultural tenancies in Scotland and, in particular, to become familiar with and gain confidence in applying, the provisions of the relevant legislation (especially the Agricultural Holdings (Scotland) Act 1991) which is both complex and idiosyncratically drafted. More generally, the course is designed to enable students to explore various techniques of statutory interpretation and to trace the legislative development of, and judicial attitudes towards, particular statutory provisions over a period of more than 110 years, during which time social and political attitudes towards agricultural production, and the economic context in which the activity is carried on, have changed dramatically. Aspects of the Common Agricultural Policy of the European Union will be considered.
COMPANY LAW
The principles of company law, including the consequences of incorporation, the company?s organs and agents, the concept of capital and its maintenance, the nature and class of company securities, the rights and obligations of shareholders (including minorities), the powers and obligations of directors and the impact of the EC.