Mr Essay, Research Paper PROSPECTUS OF HONOURS COURSES 2000/2001 This document contains information on all Honours courses on offer next year together with important information about admission to Honours and assessment in Honours courses. Please retain it for reference throughout the session.

Mr Essay, Research Paper



This document contains information on all Honours courses on offer next year together with important information about admission to Honours and assessment in Honours courses. Please retain it for reference throughout the session.

Douglas Brodie,

Associate Dean.




A)COURSES ON OFFER 2000/2001 5 – 23

B) COURSES NOT ON OFFER 2000/2001 25 – 28



The Common Marking Scheme

Ill Honours Students

Oral Examinations

Appeals Against Marks or Classification of Degrees

Statement about late presentation of Essays


Notification of Honours Results

Appendix – Specimen Illness Self-Certification Form



Plagiarism is the appropriation without attribution of another person?s thoughts or words. As a denial of that independence of thought which it is the aim of higher education to inculcate it is naturally a grave offence against University discipline. At best, the work in which it features is unlikely to contribute any marks to assessment; at worst it could merit expulsion from the University. See the fuller statement on the inside back page.



1.With effect from session 1998-99 Faculty has altered the rules governing admission to Honours. The new rule is that all students who apply for admission to Honours will be admitted if they:

(a)have completed two years of study towards graduation, or, in the case of graduates, have completed one year of study within the Faculty; and

(b)by the end of the September diet of examination they have failed to pass not more than one of the courses (whether a half or a whole course) prescribed for their study in their years or, as the case may be, year in the Faculty.

2.Students who are not admitted to Honours may appeal if there has been a procedural irregularity. Students who wish to appeal should discuss the matter as soon as possible with their Director of Studies and give notice of appeal to the Faculty Officer no later than five days before commencement of the Autumn Term.

3.Application for admission to Honours is made on a form available in the Faculty Office. Applications should be made by the end of July in the year of study in which admission is sought. On the same form students are asked to choose the Honours courses they wish to take. This choice may only be altered by notification to the Faculty Office in writing.

4.In August those who are refused entry to Honours will be advised of the fact. Their cases will automatically be reconsidered following the resit diet of examinations. If they are admitted, only then will their application for entry to particular courses be considered.

5.Candidates entering the final year of Honours may apply for admission to Honours courses on forms available in the Faculty Office from the beginning of May. These applications must be submitted by Friday, 28th July and the choice then made can only be altered by notifying the Faculty Office in writing.

6.Where applications for a course exceed its quota, selection will be made on the grounds of general academic merit with any special criteria noted in the individual course entry.

7.Points are awarded for each degree course passed, whether by examination or exemption. No points are awarded for a pass obtained other than in a first diet of examination (Summer diet) unless the applicant had good reason to sit an examination in the Autumn diet. Previous failure in the course or disinclination to take an examination will not be considered good reason, but illness or extenuating circumstances will be so considered. If you are thinking of adopting this course talk to your Director of Studies in advance. Resitting exams to improve the grade is not permitted. Each pass is awarded points on the following scale:

A grade4 points

B grade3 points

C grade2 points

D grade1 point

A half course is awarded half the number of points stated above. (An A grade pass in a half course would therefore attract 2 points, for example).

Information on grades is available from Directors of Studies.


Once all forms have been received indicating course choice, the Faculty Office makes a list for each course indicating all the students who have put that course as one of their first choice courses. If the total number of students wishing to take the course as a first choice is less than the quota for that course, all those students are given a place. If the total is more, the students are selected up to the quota in order of academic merit.

Those students who have not been successful are then entered into their reserve courses, if there are still spaces left. If there are spaces, but the number of students exceed the spaces, again selection is made on the basis of academic merit. It is possible that some students will not have gained entry into a sufficient number of their first choice and reserve courses, in which case they will then receive a letter from Faculty Office indicating what courses still have places available and asking the student to make a choice from these. Students who are admitted to Honours only after resits in October will miss out on this first round of allocation of places.

. In the past, courses which have been regularly oversubscribed include: Commercial Law, Company Law, Criminal Law, Criminology, Information Technology and Law, Intellectual Property, Media Law, Medical Jurisprudence, Property Law, Taxation. Courses which are generally round about quota are: Comparative Criminal Procedure, Contract, Constitutional Law, Delict, International Private Law, International Law.

Also, . If the entry for a particular course says that performance in a particular Ordinary course will be looked at in selecting Honours students and your performance in that Ordinary course was not good it is pointless to apply for it. Likewise, if your overall performance in your first two years is not very good, remember that by putting as first choice one of the most popular courses (probably in vain) you may miss out completely on second preference courses to friends who took a more realistic estimate of their chances of selection.


The Law Society of England and Wales have agreed that those students from Edinburgh who have studied Contract, Commercial, Delict, Constitutional and European Community Law (all Ordinary) together with Delict Honours will be exempt from two out of the eight examinable subjects of the CPE including the ?other area of Legal Study?. Accordingly, those students who are contemplating entering the solicitors? branch of the legal profession in England should seek entry to Delict Honours.

It is unlikely that the Council of Legal Education, which governs admission to the English Bar, will recognise our courses.


Civil Law25

Commercial Law25

Comparative Criminal Procedure25


Competition Law25


EC Substantive Law25

European Community Regulation of

Culture and the Mass Media25

20 (plus 10 non-law)

European Institutions20 (plus around 20 non-law)

Family Law25

French Law

Gender and Justice

German Private and Commercial Law

History of Scots Law

Human Rights

Information Technology and Law

Intellectual Property

International Law A

Jurisprudence of Legal Concepts

Justice, Ethics and Law

Labour Law25

20 (plus 10 non-law)







20 (plus 10 non-law)

20 (plus 10 non-law)


Legal Process

Law, Democracy and Citizenship

Media Law

Medical Jurisprudence

Property Law

Punishment and Society


15 (plus 10 non-law)

20 (plus 10 non-law)




20 (plus 10 non-law)



Administrative Law

Agricultural Law

Company Law

Comparative Law

Constitutional Law

Criminal Law


Environmental Law

European Legal History

German Constitutional Law and Government

History of Legal Ideas

International Law B

International Legal Order of the Environment and World Economy

International Private Law

Law and European Economic Integration

Theories of Law and Society

Welfare Law and Administration




The course is divided into one major and two minor units. The major unit (ten two-hour seminars) will be The Roman Law of Damage to Property, based on the Digest title 9.2. (on the Lex Aquilia). The minor units (five two-hour seminars each) will be Law Making in the Later Roman Republic and Early Roman Law. These two units will be linked by focusing to a certain extent on the development of the law on debt.

Recommended advance reading:

O.F. Robinson: The Sources of Roman Law (1997)

B. Nicholas: An Introduction to Roman Law (1962)

Assessment will be by two essays each of about 5,000 words and an oral exam. One essay must be based on the work of the major unit, the other on one of the minor units. Each counts for 50%.

Further details, including a list of the topics to be covered in each seminar, are available from the department, as also advice as to the need for Latin. Many people have successfully taken the course with very little or no Latin. Nor is it necessary to have taken Civil Law Ordinary. Anyone, who has doubts on this score, or on any other, should come along and talk them over.

Course Organiser/Teacher

Mr. G. McLeod.


In this course, we analyse, in depth, selected topics in commercial law. Topics may include securities for advances, personal and corporate insolvency, ranking, loans, banking, guarantees, performance bonds and partnership. Selected aspects of company law may also be considered. Where appropriate, the international aspects of commercial law will be referred to.


One two-hour meeting each week, in the form of a seminar. A worksheet is issued the week before each meeting, containing reading references and questions for consideration.


Examination 60% and essay 40%.


Pass in Commercial Law Ordinary

The course presupposes a sound understanding of property law and contract law.


There is no textbook for the course. Useful background reading:

Professor Wilson?s Debt;

R. M. Goode?s Commercial Law (1995) 2nd edn.

Michael Brett?s How to Read the Financial Pages.

Course Organiser/Teacher

Professor W. McBryde


Comparative criminal procedure will examine the situation of an accused person from the moment of arrest until sentence and the whole process of the state?s dealing with an accused. This course will mainly concentrate on the Scottish, English and French criminal systems.

No knowledge of a foreign language is required, but those students who have a reading knowledge of French will have access to a wider range of reference material.

Guest speakers, video films, visit to institutions (police station, prison, crown office etc.) will illustrate the theory with the practice.

Topics will be drawn from the following:

(a)Aims of the criminal process

(b)Police powers/the rights of the accused (right to silence, access to lawyer?.)

(c)Prosecution: decision to prosecute, criteria, relation with the police



(f)The legal profession (the judiciary and the defence lawyer)

(g)The trial

(h)Sentencing: aims and objectives, sentencing powers

(i)The criminal process and human rights

(j)Justice and media


There will be one two-hour seminar each week.


By mean of an essay (counting 1/3) and a three-hour written examination (counting for 2/3).

Preliminary Reading

M. Zander, Cases and Materials on the English Legal System (1999)

A. Stewart, The Scottish Criminal Courts in Action (1997)

J. Hatchard, B. Huber, R. Vogler, Comparative Criminal Procedure (1996)

Course Organiser/Teacher

Ma?tre J. Godard


The purpose of the course is to develop an understanding of the rationale behind competition (or ?antitrust?) regulation in a free market economy, primarily the rules governing competition law in the European Community and the United Kingdom. It will therefore consider cartels and other contractual restraints, monopolies, oligopolies and mergers, and the administrative and civil enforcement of the rules. The Community rules have applied since 1962 and constitute the bulk of our present understanding of the discipline; substantive British rules (closely mimicking the Community rules) came into force only in March 2000, which is why the course is offered for the first time in Autumn 2000. The opportunity exists for consideration of the development of a new body of law in its early (faltering?) stages. Throughout there will be comparative consideration of the Community and the British rules; there will also be occasional reference to the comparable principles to be found in American and German law.

Most of the reading will be of primary legislation and case law. There will be some consideration of economics in the course but none which requires more than reasonable common sense.


A pass in Contract (Ordinary); a pass in European Community law (Ordinary) concurrent matriculation in that course

Suggested Reading

D. Swann, The Economics of the Common Market (most recent edition)


One essay (30%) and one written examination (70%)

Course Organiser/Teacher

Dr. R. Lane

N.B. A student who completed the course in EC Substantive Law (Honours) prior to Autumn 2000 will not be admitted to Competition Law


At least since 1681, when Viscount Stair published his Institutions, Scotland has had a general law of contract. The course will examine this general law from a number of angles to see how the different principles interrelate and are applied in practice.

Topics will be drawn from the following:

(a)Obligations: the place of contract in the law of obligations; its relationship with delict and unjustified enrichment; the function of promise; third party rights.

(b)Formation: Offer and acceptance; intention to create legal relations; certainty; formalities; unilateral obligations.

(c)Grounds of Challenge: error and misrepresentation; force and fear; undue influence of bargaining power; unlawfulness.

(d)Contractual Terms: express and implied terms; interpretation; the effect of particular terms (restrictive covenants, retention clauses, arbitration clauses, penalty clauses, exclusion and limitation clauses).; mutuality of terms.

(e)Breach of Contract: recission and repudiation; non-judicial remedies; specific implement and interdict; damages.

(f)Termination: payment and performance; prescription; frustration.

In discussing the substantive law, two general themes will predominate. First, how far has the general law been croded by the incursion of delict and the growth of detailed rules for individual contracts, and to what extent is a developing law of unjustified enrichment providing solutions to problems previously regarded as contractual? Secondly, to what extent has judicial intervention in reforming the terms the parties themselves have entered into diluted the principle of freedom of contract? At various points, recent initiatives on uniform principles of European contract law will also be discussed.


There will be one two-hour seminar each week. Students are expected to contribute to group discussion.


(a)Examination. 60% (including compulsory ?seen? problem)

(b)Essay. 40%

Student Selection

Selection is made on the basis of general academic merit except that performance in Contract Ordinary is used as a ?tie-breaker? where necessary when allocating the final places.

Preliminary Reading

MacQueen & Thomson, Contract (2000) and Gilmore: The Death of Contract (1974)

Pre-requisite course

Contract (? course)

Course Organiser/Teacher

Mr. M. Hogg


Rather more than half the course will explore the major concepts of the law of negligence such as fault, duty, causation and remoteness. The objects in this part is to go behind material already encountered in the Ordinary course. It seeks to analyse what the concepts mean, their relationship to each other and their implications for the developing law. Topics include, for example, pure economic loss and the role of statutes in the Law of Delict. Negligence law is at present in a state of continuous change and is giving rise to a large quantity of new case law, ideas and academic literature, which are studied in the course.

Pre-requisite course

Delict (? course)


Fleming: Law of Torts {9th ed.)


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


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.


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)


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


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.


One essay (30% of total); one written examination (70% of total).

Course Organiser

Dr. R. Craufurd Smith


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.


Dinan, D.: An Ever Closer Union (MacMillan, 1995)

Lodge, J.: The European Community and the Challenge of the Future (3rd Edition, Pinter)


One essay (30% of total); written examination (70% of total)

Course Organiser/Teacher

Mr. A. Scott


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)


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 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).


There will be one two-hour seminar each week


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.


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


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


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


By 5000 word essay (1/3) and written exam (2/3)


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


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.


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


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.


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.


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.


Weekly 2 hour seminars


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.


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 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.


Weekly 2 hour seminars ? Fridays 11 a.m. ? 1 p.m.


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.


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



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.


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


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.

Preliminary Reading

L. Fuller: The Morality of Law


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


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


One essay (35%), and a written examination (65%).

Course Organiser/Teacher

Dr. D. Brodie


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


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.


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


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.


One two-hour seminar per week, with presentations from students as well as contributions from the class teachers.


One three-hour examination (60%) and one essay (40%).


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


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.]


By essay (33%) and written examination (67%), with oral examinations only as deemed necessary by the examiners.


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)


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


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


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.


There will be one two-hour meeting each week for which students will be provided with a list of required reading.


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


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


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).


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


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.


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.


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.



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.


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.


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.

The course aims to give a modern treatment of company law, concentrating on those aspects which are both intellectually difficult and of practical importance. The course also attempts to place the legal rules in their present commercial context.


The course offers students the opportunity to study in depth the major groupings of the world?s legal systems and the connections which exist between them. The first part of the course includes detailed study of Russian law, German law and Islamic law. The second part focuses upon the comparative study of particular topics, the main emphasis being upon private law.

No knowledge of a foreign language is required, but those students who have a reading knowledge of one or more foreign languages will have access to a wider range of reference material.


This course involves more advanced study of some aspects of the subject, for which Constitutional Law (Ordinary) was the foundation course. A principal focus of study will be the government of Scotland under the Scotland Act 1998. The Scottish Parliament and Executive will be examined, as will their relationships with local government (and other public bodies) and with E.C. institutions. There will be special emphasis on the mechanisms for the allocation of devolved powers and, taking into account comparative material, the adjudication of ?devolution issues?. Other subjects to be considered and examined in 1999/2000 may include such topics as electoral systems and electoral law, second chambers, and processes of legislation, with reference to Scotland, the United Kingdom and comparative material.


This course examines some of the major issues in modern criminal law. The topics are treated under four headings: (1) the criminal act (the voluntary act required, attempts); (2) the criminal mind (negligence, recklessness, intoxication, entrapment, error, insanity, etc.); (3) parties to the crime (the problem of art and part guilt); (4) selected offences (culpable homicide, murder, misuse of drugs, fraud, extortion, theft).

The approach is comparative – decisions from other jurisdiction are considered, alongside those of the Scottish courts.


This course focuses upon the nature of crime and criminality in society and the various attempts that have been made to explain both. The first term looks at the development of criminology by examining the main ideas and theories that have been put forward to explain the causes of crime and criminality. The second term explores the contribution of contemporary criminological research to an understanding of a number of areas, such as the relationship between gender and crime, age and crime, race and crime, crime trends, the police, crime prevention, organised crime and white collar crime.


The aim of this course is to develop knowledge and understanding of the law (whether international law, European Community Law or domestic law) relevant to the protection of the environment at global, national and local levels. The course aims for an understanding of environmental problems themselves, of the policy response to them, and then of the role of the institutions and procedures of legal regulation and rules of liability for environmental damage. In doing so, the course straddles traditional disciplinary boundaries but also addresses issues in environmental law which are increasingly confronted in legal practice.

The course consists of (a) a general treatment of threats to the environment and analytical and policy responses to them; (b) national environmental law (especially integrated pollution control, planning law and nature conservation) including, in addition to substantive law, study of regulatory and enforcement strategies in general, access to environmental information and environmental justice; (c) E.C. law and institutions; (d) international environmental law.


This course aims to provide an historical introduction to the European Legal Tradition, and the place of Scots law within that tradition, up to and including the twentieth century. A seminar-type atmosphere is actively encouraged. Key components of the European legal tradition will be studied, including the Civil law, the Canon law, Feudal law and the English Common law. Particular aspects of doctrinal legal history will be studied including marriage and issues in obligations.


This course is divided into four parts: introduction to German constitutional policy; principles and institutions of government; impact of European policy on the constitution; basic rights. The content of the parts may vary from one year to the next. In , coverage of the institutions of government included Chancellor principle, role of and, Federal Constitutional Court; coverage of the basic rights included free speech, immigration and asylum policies and policing issues. The Basic Law (constitution), as interpreted by the Federal Constitutional Court, is considered throughout in its political context, with the result that political as well as legal issues are examined. .


This course deals with the history of philosophical and sociological ideas concerning law. The approach will be through a careful reading of selected texts of historical significance in the development of philosophical and/or sociological theories of law within one or more leading traditions of thought. A distinct body of thought will be reviewed in each of the Autumn and Spring Terms. Materials for each term will be particularly prescribed from year to year, but may for example include:

Buchanan, Locke and Stair

Writings of the Scottish Enlightenment (Hume and Smith an their predecessors and successors)

Ideas of law and economy in the eighteenth and nineteenth centuries

The history of criminology

Formalism and rule-scepticism in Europe and America

The themes will concern eighteenth century legal thought with special regard to the ?Scottish Enlightenment?. The focus in the first term will be on ideas of law, society and history developed during this period by Stair, Kames, Adam Smith, John Millar, Adam Ferguson and others. Their views on the links of law and economy and ?progress? will be particularly considered. The focus in the second term will be first on the ideas of natural law found in the Scottish Institutional writers Stair, Erskine and Kames, compared with Locke?s ideas of natural rights, secondly on doubts about rationalist legal and ethical thought raised by David Hume and others, and finally on ideas of justice utility and common sense developed to deal with these doubts (Writings by Francis Hutcheson, Hume, Adam Smith and Thomas Reid will be considered).

INTERNATIONAL LAW B: Inter-State Conflict and Dispute Settlement

The course will cover various topics relating to disputes between states. The principal topics will be such subjects as: general principles of state responsibility; diplomatic and institutional procedures for the settlement of disputes; arbitration; relevant aspects of the law of treaties (such as interpretation of treaties and rules governing breaches of treaties); the functioning of the World Court; international-law remedies; general principles relating to the resort to war and the use of force (including self-defence, the rescue of nationals abroad and humanitarian intervention); economic warfare; security aspects of law of the sea; and the law relating to the conduct of warfare and the protection of victims of war; the law of neutrality.


This is a course about regulation of the global environment and world economy by international institutions. The first part is an overview of international law governing international organisations in general. The second part looks at the principal organisations which deal with the management of the global environment; topics covered include: competence and law-making, UN law, and selected topics relating to the atmosphere, the oceans, biological diversity, nuclear energy and liability. The third part covers selected aspects of the management of the world economy with emphasis on the WTO/GATT legal system. The fourth and final part examines mechanisms available for resolving international environmental and economic disputes.


This course deals with Scottish solutions to problems in the private law sphere which have foreign links. Examples of such problems would be:

(1)A Frenchman wishes to sue a Scot in the Court of Session on a contract entered into between them in Bonn, or in respect of a traffic accident in Paris in which they were both involved. Questions such as the following arise:-

(a)Does the court have jurisdiction?

(b)What legal system is applicable to the dispute?

(2)Mr. Smith, divorced in Mexico, wishes to marry Miss Brown in Edinburgh. Will the Mexican divorce be considered valid in Scotland or is Mr. Smith considered by our system still to be married?

An attempt is made in this course to cover the general theory and major fields of this subject in outline, and a number of specific topics are selected for treatment in depth


This course examines the ways in which law has been and is being used in the European Community to further economic integration. It studies the history, present and future of economic integration in the Community, and of the law governing it by focusing on selected subject areas.


The course aims to give students a thorough understanding of the major social theories of law, beginning with the classic texts of Marx, Weber and Durkheim and moving on to consider the contributions of more recent writers and to focus on the uses and problems of approaching law through sociological frameworks on inquiry. Topics discussed here are among others; the relationship of Law to Risk, Law and Trust, Law and Solidarity Law and the Persons. The overall aim is to combine an awareness of general sociological perspectives with an attention to specific debates, taking particular areas of law and legal development as points of reference.

Teaching takes the form of weekly two-hour discussions premised on the assumption that students will have covered the prescribed reading. Short presentations by students may also be required.


This course begins with a consideration of the historical emergence of the welfare state, and identifies some common features of its development which will be looked at in more detail in examining specific areas. There then follow three blocks of material concerned with three ?pillars? of the Welfare State in which are looked at in turn the law and policy of the Social Security system, the National Health Service and social housing.


As of October 1996 the University has adopted a revised Common Marking Scheme. This is not intended in any way to alter the standards demanded of work or its assessment.. As far as Honours is concerned classification and percentages will correlate as follows:-

MarkHonours Grade

70-1001st Class







The term ?ill students? is used here, but the same rules apply to students prejudiced as a result of accidents or other circumstances beyond their control.

It is imperative that a student obtains a medical certificate if:

(a)he/she suffers from a medical condition which affects his/her performance during the course of the year, e.g. a broken arm, or

(b)he/she is absent through illness for more than seven consecutive days, or,

(c)he/she is ill during the examination diet

(d)illness delays the submission of a piece of written work for more than seven days beyond the due date. For illnesses of less than seven days or similar circumstances causing absence from class or failure in some other respect to comply with requirements you should use an Illness Self-Certification Form (see Appendix to this Prospectus)

2.Illness during the year

Attendance at Honours classes is necessary for due performance of the work of the class.

Every effort is made by the teaching staff to assist students who are ill during the year. In particular, staff consider sympathetically requests from such students for more time in which to produce essays and assignments. (See the statement on the late presentation of essays).

A student, well when he/she produces his/her examination script and other material for assessment, may have been ill for a significan