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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. ADMISSION AND APPLICATION PROCEDURE 2 LIST OF COURSES ON OFFER AND NOT ON OFFER IN 2000 / 2001 4 A) COURSES ON OFFER 2000 / 2001 5 - 23 B) COURSES NOT ON OFFER 2000 / 2001 25 - 28 INFORMATION FOR HONOURS STUDENTS 29 - 35 Appeals Against Marks or Classification of Degrees Statement about late presentation of Essays Appendix - Specimen Illness Self-Certification Form N. B. ALL HONOURS STUDENTS MUST BE IN RESIDENCE AND AVAILABLE TO SEE THEIR DIRECTOR OF STUDIES BY THURSDAY 5 TH OCTOBER 2000. Plagiarism is the appropriation without attribution of another persons 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. RULES GOVERNING ADMISSION TO HONOURS 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, 28 th 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 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. APPLICATION FOR AND ALLOCATION OF PLACES IN PARTICULAR COURSES 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.
EXEMPTION FROM THE COMMON PROFESSIONAL EXAMINATION (CPE) 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. European Institutions 20 (plus around 20 non-law) German Constitutional Law and Government International Legal Order of the Environment and World Economy Law and European Economic Integration 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. 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. 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. The course presupposes a sound understanding of property law and contract law. There is no textbook for the course.
Useful background reading: R. M. Goodes Commercial Law (1995) 2 nd edn. Michael Brett's How to Read the Financial Pages. Comparative criminal procedure will examine the situation of an accused person from the moment of arrest until sentence and the whole process of the states 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: (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) (h) Sentencing: aims and objectives, sentencing powers (i) The criminal process and human rights 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). 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) 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 D.
Swann, The Economics of the Common Market (most recent edition) One essay (30 %) and one written examination (70 %) 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: revision 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 code 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) 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. Mac Queen & Thomson, Contract (2000) and Gilmore: The Death of Contract (1974) 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. Members of staff teaching on the course 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) 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 (3 rd ed. 1999) Craig and De Bureau: EU Law Text, Cases and Materials (2 nd ed. 1998) One essay (30 % of grade); one written examination (70 % of grade). 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 laws impact on the cultural life of the Member States. Items to develop an understanding of: (a) the legal basis for European Community involvement in the cultural domain, focussing, in particular, on the impact of the Treaty articles relating to the Internal Market and competition on key cultural activities such 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) the respective 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. 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). The constitutions 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, money 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 (3 rd Edition, Pinter) One essay (30 % of total); written examination (70 % of total) 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. 10, 000 Essay (50 %), Unseen Examination (50 %) General academic merit with a preference for students who have a merit in Family Law (Ordinary) Glendon, The New Family and the New Property 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 &# 61623; A general introduction: history of civil law, sources of the law, court systems (judicial and administrative) and the legal profession &# 61623; 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).
General academic merit. Knowledge of French is not essential but some French would be beneficial. Bell (J), Boston (S), Whittaker (S), Principles of French Law (1998) 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. A. Morris, Women, Crime and Criminal Justice 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). 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 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. 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.
Members of staff teaching on the course Mr. B. Schfer 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 16 th 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. There is no set preliminary reading but a list of useful background material is available from Mr.
Seller. Although some acquaintance with the general course of Scottish history is an advantage it is not essential. 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. Members of staff teaching the course While preliminary reading is not essential, students might consult, for example: F.
G. Jacobs & R. C. A.
White, The European Convention on Human Rights (2 nd ed. , 1996) 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. 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. Students 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.
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) 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) Phillips & Firth, Introduction to Intellectual Property, (4 th edition 1999 / 2000) Members of staff teaching on the course Dr. G. T.
Laurie, Mrs. C. Waelde and Professor H. Mac Queen 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.
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. 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.
Written examination (75 %) and essay (25 %) 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. 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.
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. Members of staff teaching on the course Professor Z. Bankowski, Dr. E. Christodoulidis and Mr.
B. Schfer 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. Davies and Friedland, Labour Legislation and Public Policy One essay (35 %), and a written examination (65 %). 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...
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Research essay sample on Criminal Justice System Collective Bargaining
