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... 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. Mccormick: Constructing Legal Systems: European Union in Legal Theory Bankowski (ed): ELJ Special Issue: Legal Theory in the EU Christodoulidis, Law and Reflexive Politics Selznick: Law, Democracy and Industrial conflict 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.
Members of staff teaching on the course Dr. E. Christodoulidis, Professor Z. Bankowski, Mr.
B. Suffer 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 introduction s 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. Professor Michael Adler, Dr. Anne Griffiths and Dr.
Fran Was off 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) Members of staff teaching the course Professor C.
R. Munro with other contributors 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 (3 rd ed. , 1992); T.
Gibbons: Regulating the Media; (2 nd 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. 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 J.
K. Mason & R. A. McCall Smith: Law and Medical Ethics (1999, 5 th ed. ) London: Butterworths D. W. Meyers: The Human Body and the Law (1990, 2 nd ed. ) Edinburgh University Press T.
F. Beauchamp & J. F. Childress: Principles of Biomedical Ethics (1994, 4 th 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 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 immoveable's 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. 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 (2 nd. ed. ) vol. I chapter 4, and C. G. van der Merwe, The Law of Things.
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.
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.
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 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 A pass in Taxation and Social Security Ordinary. Essay and written paper (33 % and 67 % respectively). 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 (5 th 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. 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 delict ual 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 companys 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 worlds 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. GERMAN CONSTITUTIONAL LAW AND GOVERNMENT 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: Writings of the Scottish Enlightenment (Hume and Smith an their predecessors and successors) Ideas of law and economy in the eighteenth and nineteenth centuries 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. INTERNATIONAL LEGAL ORDER OF THE ENVIRONMENT AND WORLD ECONOMY 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 LAW AND EUROPEAN ECONOMIC INTEGRATION 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: - 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) 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 significant period or periods during the working year. Here the illness has not prevented the student doing himself / herself justice at the examination, but rather has impeded the student in his / her efforts to advance his / her knowledge and skills in the subject during the year.
The view of the Board of Honours Examiners is that the course examiners should assess such a student as they find him / her ; it is then up to the Board to determine whether there can be positive moderation because of an illness. Where a students performance is just below that required for a particular class of degree, illness has been allowed as a justification for positive moderation, provided it has been clear from other evidence such as performance in the other Honours year or in other Honours courses that the students progress has been adversely affected, to a significant extent, by illness. Because illness can be taken into account in this way, it is important that Directors of Studies ensure the extent and duration of illnesses of Honours students are properly recorded and documented and that this information is made available to the Board of Honours Examiners. Where an Honours student fails, because of illness, to write or complete a formal examination, or to produce other material requested for Honours assessment he / she should be invited to attend for an oral.
The mark obtained for each separately assessed element, including the oral, going to make up the final mark, and also, where possible, a recommended final mark, should be reported by the course examiners to the Board of Honours Examiners. The same procedure should be adopted where a student who has written an examination companies that he / she did not do himself / herself justice because he / she was ill at the time of the examination. Specific provision is made in the Faculty's Honours regulations for dealing with the problem of Honours students ill at the examination. The main provisions are to be found in reg. 20 but reg. 17 (reversion to the Ordinary degree) is also relevant. Where a final year student has provided some, but not all, of the material required for assessment and provides evidence that this was by reason of illness, accident or other circumstances beyond his or her control, the Board of Examiners shall investigate the case and where possible arrange for the candidate to be interviewed. On the basis of the information available to them, including evidence of the candidates academic performance during his course the Board shall either recommend the award of a classed Honours degree, or report to the Dean of the Faculty that they have insufficient evidence to enable them to make such a recommendation.
The interview should normally be conducted by the students Director of Studies and the Convenor of the Honours Board of Examiners. Where the student has provided none of the material for assessment, i. e. technically, has taken no part of the examination, the Board of Examiners shall bring the case to the attention of the Dean of the Faculty. In either set of circumstances in which a case is brought to the attention of the Dean, he or she shall report to the Principal and Deans Committee which, after such consultation as it thinks fit, shall recommend either (i) that the candidate be awarded an aegrotat degree, or (ii) that he or she be required to take the examination papers at the next diet either after repeating some or all of the coursework or without repeating any of the coursework, or (iii) in cases involving exceptional hardship, and where the Head of Department or Heads of Departments involved are prepared so to recommend, that the candidate be permitted to take specially prepared examination papers at the September diet immediately following the summer diet which the candidate was unable to attend or complete.
In the case where such a student does not provide all or some of the material required for assessment, and satisfactory evidence is produced that this was for reasons of illness, accident or other circumstances beyond his or her control, the Board of Examiners shall investigate the case and shall report to the Faculty recommending such concession as it deems appropriate. If no concession is recommended (or if Faculty or the Status does not approve such a concession) the candidate shall be required to repeat the course to which the written examination papers relate, and to submit himself or herself to examination in that course in the following year or to present himself or herself for the written examination papers in the course in the following year without having to repeat the course. A student in either year of Honours study may, in certain circumstances, be allowed to transfer to the LL. B. (Ordinary) degree and count work done and exams taken in Honours towards an Ordinary degree. ORAL EXAMINATIONS IN HONOURS CLASSES I. In any Honours course in which the mode of written examination comprises or includes an unseen examination, counting for 50 % or more of the final mark, the examiners are free to adopt a policy of selective orals.
Where, for example, a candidates examination paper and essay (s) give rise to no difficulties of assessment about the level of a candidate work, the examiners may decide to dispense with an oral examination. But the examiners in these subjects will continue to hold oral examinations for candidates whose work is of a borderline quality or outstandingly good or bad, or, generally, if there are doubts of any kind which an oral might help to resolve. In subjects in which a policy of selective orals is adopted, it will obviously not be possible for the examiners to make the usual arrangements for publishing in advance the detailed timetable of oral examinations. The examiners in each subject will however announce in advance the date on which orals in that subject are to be held and will arrange to publish, as early as possible in the Department concerned, a list of those candidates whom they wish to oral. The names on this list will normally be determined after consultation between the internal and external examiners.
II. The primary function of an oral is to enable the examiners finally to resolve any doubts concerning the merits of the candidates work in written parts of the examination, and to assess the general quality of his knowledge and understanding of the subject of the examination. III. In any case in which the mode of written examination comprises or includes an unseen examination, counting for 50 % or more of the final mark, the scope of the questions which may be raised in an oral examination shall be; (a) the whole range of the subjects covered within the course under examination. OR, if the person in charge of the course expressly so announces to the members of the class in question, one or other of: (b) the range of topics covered by the questions in the examination paper or papers set for the examination (including, where appropriate, any questions set for prepared essays to be submitted as part of the final examination), or (c) matters arising from the scripts or scripts, and any essay or essays, submitted by the candidate in the examination. IV.
In any case in which the mode of written examination comprises solely or mainly the pres
Free research essays on topics related to: dispute resolution, sociological theories, criminal justice, social security system, economic integration
Research essay sample on Social Security System Sociological Theories
