PHILOSOPHY OF LAW
- Arts
- 400 level
- 3 credit units
- 128 pages
- 32 units
This course examines basic issues in the philosophy of law, such as the concept and nature of law, sources of law, and theories of law, including naturalist and positivist perspectives. It explores the idea of natural justice, the logic of legal reasoning, legal responsibility, legal rights and obligations, and judicial precedence. The course also includes a philosophical investigation of punishment and justice in law, providing a comprehensive overview of key themes in legal philosophy.
About this course
- Difficulty
- Intermediate
- Study hours
- 416 hours
- Maths
- None
- Content
- Theoretical, case study
- Practical work
- No
- Assignments
- Tutor marked assessments
- Final examination
What you'll read
The real module and unit structure of PHL462, taken from the course material NOUN publishes.
One paragraph, so you can see how it reads
PHL462 · UNIT ONE: NATURE AND MEANING OF LAW
INTRODUCTION This module is made up of four (4) study units. The first addresses the meaning and nature of law, the second explains the idea of Philosophy of Law, Units three outlines the characteristics of Philosophy of law and four focuses on the importance of law.
What you should be able to do
- Identify the nature and meaning of the Philosophy of law
- Isolate and attempt to various issues in the philosophy of law.
- Trace the historical and philosophical development of law
- Enumerate the various theories/ school of thoughts in the philosophy of law.
- Conceptualize the idea of legal reasoning and legal responsibility.
What it prepares you for
- Legal Analyst
- Paralegal
- Legal Researcher
- Policy Advisor
- Law Enforcement
- Law
- Government
- Policy Making
- Judiciary
- Civil Service
Where it gets hard
The units students slow down on, and what makes each one heavy.
- Module Three: Legal Reasoning and Legal Responsibility
Unit 3: Theories of Legal Reasoning
Theories of Legal Reasoning require understanding of abstract concepts and their practical application in judicial decision-making.
- Module Five: Right and Justice
Unit 3: Hohfeld's concept of Right
Hohfeld's concept of rights involves complex relationships between different types of legal entitlements and duties.
A suggested way through it
13 weeks, about 48 hours in total. Yours will differ.
- Week 1Module One: Philosophy of Law in Perspective
Unit 1: Nature and Meaning of Law · 3 hours
Read Unit 1: Understand the nature and meaning of law.. Explore the origin of law and its connection to society.. Reflect on the differences between law and religion..
- Week 2Module One: Philosophy of Law in Perspective
Unit 2: Feature and Characteristics of Law · 3 hours
Study Unit 2: Identify the features and characteristics of law.. Understand law's emanation from a sovereign authority.. Examine the constitutional coercive powers behind laws..
- Week 3Module One: Philosophy of Law in Perspective
Unit 3: The importance of the Law · 3 hours
Read Unit 3: Explore the roles of law in society.. Understand how law defends individuals from evil.. Analyze law's role in promoting common interests and resolving disputes..
- Week 4Module One: Philosophy of Law in Perspective
Unit 4: Understanding the Philosophy of Law · 3 hours
Study Unit 4: Grasp the philosophy of law.. Understand philosophers' perspectives on law.. Reflect on the relationship between philosophy and law..
- Week 5Module Two: Theories of Law
Unit 1: Natural Law · 3 hours
Read Unit 1: Understand the tenets of legal naturalism.. Explore the foundations of legal validity and obedience.. Analyze the relationship between law and morals..
- Week 6Module Two: Theories of Law
Unit 2: Legal Positivism · 3 hours
Study Unit 2: Define legal positivism.. Understand the inseparability thesis.. Analyze J.L. Austin's theory of law..
- Week 7Module Two: Theories of Law
Unit 3: Legal Realism · 3 hours
Read Unit 3: Define legal realism.. Outline the basic assumptions of legal realism.. Compare American and Scandinavian legal realism..
- Week 8Module Two: Theories of Law
Unit 4: Sociological Jurisprudence · 3 hours
Study Unit 4: Analyze sociological jurisprudence.. Discuss the assumptions of sociological jurisprudence.. Articulate the main idea of sociological jurisprudence..
- Week 9Module Three: Legal Reasoning and Legal Responsibility
Unit 1: Philosophical Perspectives of Reason in Human Affairs · 3 hours
Read Unit 1: Articulate the role of reason in human affairs.. Identify the position of the proponent that denial the role of reason in human affairs..
Unit 2: Legal Reasoning in Judicial Process · 3 hours
Study Unit 2: Attempt a conceptualisation of legal reasoning..
- Week 10Module Three: Legal Reasoning and Legal Responsibility
Unit 3: Theories of Legal Reasoning · 3 hours
Read Unit 3: Identify the core of legal formalism.. Explain the legal realism within judicial process..
Unit 4: Between Scientific Reasoning and Legal Reasoning · 3 hours
Study Unit 4: Identify the nexus between legal and scientific reasoning..
- Week 11Module Three: Legal Reasoning and Legal Responsibility
Unit 5: Legal Responsibility and Legal Reasoning · 3 hours
Read Unit 5: Conceptualize the idea of legal responsibility.. Identify the possibility of logicality of legal reasoning..
- Week 12Module Four: Punishment and Responsibility
Unit 1: What is Punishment? · 3 hours
Read Unit 1: Define punishment.. Articulate the basic rationales that midwifed and justify the concept of punishment.. Know the various functions of punishment..
Unit 2: Forms of Punishment · 3 hours
Study Unit 2: Identify and discuss the various forms of punishment..
- Week 13Module Four: Punishment and Responsibility
Unit 3: Theories of Punishment · 3 hours
Read Unit 3: Identify the various theories of punishment.. Know the respective salient ideas that underpin the various theories of punishment.. Meaningful review the theories of punishment studies in this module..
Preparing for the exam
- Create detailed outlines for each module, focusing on key concepts and theories.
- Develop flashcards for legal terms and definitions to aid memorization.
- Practice applying legal theories to hypothetical case scenarios.
- Review and summarize all tutor-marked assignments (TMAs) and feedback.
- Allocate specific study time for each module based on its complexity and weight in the final examination.
- Form study groups to discuss and debate complex legal concepts and theories.
- Focus on understanding the core principles of each legal theory rather than rote memorization.
- Create concept maps linking different modules and units to see the interconnectedness of the course material.
- Practice answering essay questions under timed conditions to improve exam performance.
- Review past exam papers to identify common question types and topics.
Questions students ask about this course
What is PHL462 about?
This course examines basic issues in the philosophy of law, such as the concept and nature of law, sources of law, and theories of law, including naturalist and positivist perspectives. It explores the idea of natural justice, the logic of legal reasoning, legal responsibility, legal rights and obligations, and judicial precedence. The course also includes a philosophical investigation of punishment and justice in law, providing a comprehensive overview of key themes in legal philosophy.
How many units does PHL462 have?
PHL462, PHILOSOPHY OF LAW, has 32 units across 8 modules, over 128 pages of course material. You can read it one unit at a time.
How many credit units is PHL462?
PHL462 carries 3 credit units, at 400 level in Arts.
Is PHL462 hard?
PHL462 is rated intermediate level, with no mathematical content. It is mostly theoretical and case study work.
How long does PHL462 take to study?
About 416 hours of study, spread across its 32 units.
How is PHL462 assessed?
PHL462 is assessed by assignments, tutor marked assessments and final examination.
What can I do with PHL462?
Legal Analyst, Paralegal, Legal Researcher, Policy Advisor and Law Enforcement.