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DRPS : Course Catalogue : School of Law : Law

Postgraduate Course: The Canon Law of Marriage in Scotland: 1500 - 2006 (LAWS11290)

Course Outline
SchoolSchool of Law CollegeCollege of Humanities and Social Science
Course typeStandard AvailabilityAvailable to all students
Credit level (Normal year taken)SCQF Level 11 (Postgraduate) Credits20
Home subject areaLaw Other subject areaHistory
Course website None Taught in Gaelic?No
Course descriptionThe course will offer an overview of the history of the Canon law of marriage in Scotland from the later middle ages to the present day. The central themes of the course will be the relationship between theology and law in medieval Canon law, the idea of the spiritual jurisdiction, the reception of Canon law into Scots law during the Reformation era, the gradual decline of Canon law principles in Scottish consistorial and family law from the nineteenth century onwards. The history of the courts by which family law was enforced in Scotland will be studied (i.e. pre-Reformation Officials' courts, post-Reformation commissary courts, the role of sheriff courts and the Court of Session from the nineteenth-century onwards). Other themes will include the centrality of the institution of marriage in Scottish society generally, and in peerage and feudal law specifically, and the effect of religious change on marriage law (i.e. setting law reform within the context of Scotland's transition from Catholic to Protestant to secular nation).
Entry Requirements (not applicable to Visiting Students)
Pre-requisites Co-requisites
Prohibited Combinations Other requirements None
Additional Costs none
Information for Visiting Students
Displayed in Visiting Students Prospectus?No
Course Delivery Information
Delivery period: 2013/14 Semester 2, Available to all students (SV1) Learn enabled:  No Quota:  25
Web Timetable Web Timetable
Course Start Date 13/01/2014
Breakdown of Learning and Teaching activities (Further Info) Total Hours: 200 ( Seminar/Tutorial Hours 20, Programme Level Learning and Teaching Hours 4, Directed Learning and Independent Learning Hours 176 )
Additional Notes
Breakdown of Assessment Methods (Further Info) Written Exam 0 %, Coursework 100 %, Practical Exam 0 %
No Exam Information
Learning Outcomes
On completion of this course, the student will be able to:
1. Knowledge and understanding:

Demonstrate and/or work with:
& Knowledge that covers and integrates most, if not all, of the main areas of a subject discipline $ including their features, boundaries, terminology and conventions.
& A critical understanding of the principal theories, principles and concepts.
& A critical understanding of a range of specialised theories, principles and concepts.
& Extensive, detailed and critical knowledge and understanding in one or more specialisms, much of which is at, or informed by, developments at the forefront.
& A critical awareness of current issues in a subject/discipline and one or more specialisms.

2. Practice: applied knowledge and understanding:

Use a significant range of the principal skills, techniques, practices and/or materials which are associated with a subject/discipline.
Use a range of specialised skills, techniques, practices and/or materials which are at the forefront of, or informed by, forefront developments.
Apply a range of standard and specialised research or equivalent instruments and techniques of enquiry.
Plan and execute a significant project of research, investigation or development.
Demonstrate originality or creativity in the application of knowledge, understanding and/ or practices.
Practise in a wide and often unpredictable variety of professional level contexts.

3. Generic cognitive skills:

Apply critical analysis, evaluation and synthesis to issues which are at the forefront of, or informed by, developments at the forefront of a subject/discipline.
Identify, conceptualise and define new and abstract problems and issues.
Develop original and creative responses to problems and issues.
Critically review, consolidate and extend knowledge, skills practices and thinking in a subject/discipline.
Deal with complex issues and make informed judgements in situations in the absence of complete or consistent data/information.

4. Communication, ICT and numeracy skills:

Use a range of advanced and specialised skills as appropriate to a subject/discipline,for example:
& Communicate, using appropriate methods, to a range of audiences with different levels of knowledge/expertise.
& Communicate with peers, more senior colleagues and specialists.
& Use a wide range of software to support and enhance work at this level and specify new software or refinements/improvements to existing software to increase effectiveness.
Assessment Information
100% Essay
Special Arrangements
Additional Information
Academic description This course is designed to be an elective within the Ll.M (R) in History and Philosophy of Law. It is also available to students of Divinity and History at a PG level.
Syllabus 11 Seminars (2 hrs each) covering a selection of the following topics:

Medieval Canon law and church courts in Scotland; the relationship between theology and the Canon law of marriage; the impact of the Scottish Reformation upon the administration of consistorial law and upon the law itself; the Commissary Courts and the courts of the Protestant Kirk; sources for the reconstruction of post-Reformation marriage law; the commissary courts and Scottish consitutional theory down to the Glorious Revolution; the nineteenth-century abolition of the Commissary courts; the history of the Canon law in Scotland during the twentith (and early twenty-first) century.
Transferable skills Engagement with primary sources, including unpublished material. Evaluation of secondary sources.
Reading list As per coursebook to be determined later.
Study Abroad N/A.
Study Pattern N/A
KeywordsCanon law Scots consistorial law Family law Medieval Papacy Church courts Commissary courts Scottish
Course organiserDr P Du Plessis
Tel: (0131 6)50 9701
Course secretaryMiss Aimie Little
Tel: (0131 6)50 2010
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