Postgraduate Course: Europe, Empire and the Law (LAWS11550)
Course Outline
| School | School of Law |
College | College of Arts, Humanities and Social Sciences |
| Credit level (Normal year taken) | SCQF Level 11 (Postgraduate) |
Availability | Not available to visiting students |
| SCQF Credits | 20 |
ECTS Credits | 10 |
| Summary | The process of European integration ¿ reflected in the post-war establishment of the Council of Europe and the European Union (EU) ¿ is widely viewed as a triumph for peace, democracy, and human rights. Yet, for much of its history, key players in this process ¿ among them, France, Italy, and the Netherlands ¿ were simultaneously engaged in the violence, exploitation, and dispossession characteristic of Europe¿s colonial empires. How (if at all) did these latter practices inform the process of European integration? Has European law now been fully 'decolonised'? Or does it continue to preserve the legacies of European colonialism and imperialism to this day?
This course explores the past and present role of empire in shaping European law. In doing so, the course exposes students to a range of critical perspectives on EU law, European human rights law, and the broader entanglement between law and empire in Europe and beyond. |
| Course description |
The first part of the course considers the historical role of law in European empires, focusing on the dynamics of imperialism, colonialism, and decolonisation. The second part explores how these dynamics shaped the development of European integration. The final part examines the ongoing legacies of empire in substantive areas of European law.
Indicative seminar outline:
Introduction
Law and imperialism
Law and colonialism
Law and decolonisation
The origins of European integration
The European Economic Community
An ever closer union
Trade and investment
Migration
Sustainability and the environment
Please note that classes for this course will be jointly taught with Honours level students. Although students at both levels will study the same course materials, assessments will be graded according to the relevant benchmark appropriate to the level of study.
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Entry Requirements (not applicable to Visiting Students)
| Pre-requisites |
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Co-requisites | |
| Prohibited Combinations | |
Other requirements | None |
Course Delivery Information
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| Academic year 2026/27, Not available to visiting students (SS1)
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Quota: 15 |
| Course Start |
Semester 1 |
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 )
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| Assessment (Further Info) |
Written Exam
0 %,
Coursework
100 %,
Practical Exam
0 %
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| Additional Information (Assessment) |
The summative assessment will take the form of a 'decolonial judgment' (3,000 words; 60%) and accompanying commentary (2,000 words; 40%). Inspired by the Feminist Judgments projects (e.g. sfjp.law.ed.ac.uk), the decolonial judgment exercise invites students to draft an imaginary concurring or dissenting opinion in a case of their choosing at the European Court of Justice or the European Court of Human Rights, drawing on anti/decolonial principles. The accompanying commentary offers students an opportunity to contextualise the case and explain their approach to writing a decolonial judgment. |
| Feedback |
Students will receive oral feedback through interactive discussions during the weekly seminar. Written feedback will be provided through a formative assessment, which will take the form of a draft decolonial judgment (see summative assessment). |
| No Exam Information |
Learning Outcomes
On completion of this course, the student will be able to:
- Demonstrate advanced knowledge and understanding of the role of law in enabling and justifying European colonialism and imperialism
- Demonstrate advanced knowledge and understanding of the role of European colonialism, imperialism, and decolonisation in the history of European integration
- Critically assess and develop independent perspectives concerning the ongoing influence of European colonialism, imperialism, and decolonisation on European Union law and European human rights law
- Conduct independent research to find, contextualise and critically analyse primary legal sources, including treaties, legislation, and case law
- Construct, substantiate, and convey arguments orally and in legal writing
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Reading List
Weekly reading lists will be provided in advance of each seminar.
Key texts (available via the library) include:
Folúk¿¿ Adébísí, Decolonisation and Legal Knowledge (Bristol University Press 2023)
Megan Brown, The Seventh Member State (Harvard University Press 2022)
Marco Duranti, The Conservative Human Rights Revolution (Oxford University Press 2017)
Nadine El-Enany, (B)ordering Britain (Manchester University Press 2020)
Giuliano Garavani, After Empires (Oxford University Press 2012)
Peo Hansen and Stefan Jonsson, Eurafrica (Bloomsbury 2014)
Kalypso Nicolaïdis, Berny Sèbe and Gabrielle Maas (eds), Echoes of Empire (Bloomsbury 2014)
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Additional Information
| Graduate Attributes and Skills |
Research and Enquiry
¿ Analyse, synthesise, critically and methodically appraise thoughts to break down complex problems into manageable components
¿ Capability to evaluate information thoroughly; identifying assumptions, detecting false logic or reasoning and defining terms accurately
¿ Conduct research and enquiry into relevant issues, the collection and analysis of primary sources, synthesising and reporting
Personal and Intellectual Autonomy
¿ Be critically self-aware and self-reflective
¿ Thinking independently and creatively
¿ Developing higher-order thinking and sound reasoning
Communication
¿ Articulating and effectively explaining information orally and in writing
¿ Communicate and persuade, both orally and in writing
¿ Produce clear, structured written work |
| Keywords | Empire,colonialism,imperialism,European Union law,European Convention on Human Rights |
Contacts
| Course organiser | Mr Timothy Jacob-Owens
Tel:
Email: tjacobo@exseed.ed.ac.uk |
Course secretary | Miss Amy Purves
Tel:
Email: apurves2@ed.ac.uk |
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