Undergraduate Course: The Rule of Law (LAWS10275)
Course Outline
| School | School of Law |
College | College of Arts, Humanities and Social Sciences |
| Credit level (Normal year taken) | SCQF Level 10 (Year 3 Undergraduate) |
Availability | Available to all students |
| SCQF Credits | 20 |
ECTS Credits | 10 |
| Summary | The course examines various dimensions of the idea and practice of the Rule of Law. In particular, it examines, first, its historical development from classical times to the present day; secondly, the philosophical arguments that can be made and have been made to defend the idea of the Rule of Law, and also to criticise it; and thirdly, key contemporary developments that challenge conventional understanding of the Rule of Law, including the development of notions of legality as a regional or global good, and attacks on the Rule of Law in the name of supposedly rival conceptions of authority, such as national or popular sovereignty. The core aim is to provide a rounded, critical overview of a topic that is fundamental to our understanding of the claims that law makes on us. |
| Course description |
This course will cover:
History
1. History of Rule of Law: Classical Foundations
2. Developmental Questions: Rule of Law or Rule by Law?
3. Developmental Questions: Rechtsstaat versus the Rule of Law
Philosophical Questions
4 The Rule of Law and the idea of Constitutional Legitimacy
5 The legalism critique
6 The radical critique
Contemporary Challenges
7 The Rule of Law in global context
8 The Rule of Law in regional context : the case of the EU
9 Post-conflict Rule of Law
10 The Rule of Law and popular democracy
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Entry Requirements (not applicable to Visiting Students)
| Pre-requisites |
|
Co-requisites | |
| Prohibited Combinations | |
Other requirements | None |
Information for Visiting Students
| Pre-requisites | None |
Course Delivery Information
|
| Academic year 2024/25, Available to all students (SV1)
|
Quota: 0 |
| Course Start |
Semester 2 |
Timetable |
Timetable |
| 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 )
|
| Assessment (Further Info) |
Written Exam
0 %,
Coursework
100 %,
Practical Exam
0 %
|
| Additional Information (Assessment) |
5,000 word essay (100%) |
| Feedback |
The preparation of a presentation will act as a formative feedback opportunity, as will the submission of a short practice essay. |
| No Exam Information |
Learning Outcomes
On completion of this course, the student will be able to:
- demonstrate a rounded understanding of a topic that is fundamental to our understanding of the claims law makes on us.
- develop wide-ranging research on a theme that requires historical, comparative and theoretical skills and methodologies
- better conduct autonomous research on complex questions that investigate the non-legal origins and supports of our understandings of legality
- show good communication skills in discussing these questions in class
- apply skills effectively in pursuit of a focused course of research. Communicate effectively and persuasively their findings, demonstrating clarity, coherence and depth in reasoning their conclusions on questions that are strongly contested in academic debate
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Reading List
Key Course Text
Jens Meierhenrich and Martin Loughlin (eds), The Cambridge Companion to the Rule of Law (CUP, 2021)
General Background Reading
Brian Tamanaha, On the Rule of Law: History, Politics, Theory (CUP, 2004)
Gianluigi Palombella and Neil Walker (eds) Relocating the Rule of Law (CUP, 2009):
Fernanda Pirie, The Rule of Laws: A 4,000-year quest for order in the world (Profile Books, 2021) |
Additional Information
| Graduate Attributes and Skills |
The course will encourage the students to develop their research skills.
Students will work on their presentation skills as part of the formative assessment. |
| Keywords | Legal Theory,Rule of Law |
Contacts
| Course organiser | Prof Neil Walker
Tel:
Email: neil.walker@ed.ac.uk |
Course secretary | Mr Ryan McGuire
Tel: (0131 6)50 2386
Email: Ryan.Mcguire@ed.ac.uk |
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