Social Theory and Law
Course outline
KiLAW Spring semester 2013
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Course name: Social Theory and Law
Course code: 336
Semester: Spring 2013 (February-June 2013)
Teaching days and hours: Monday and Wednesday 2.00-3.30pm (female
students) 3.30-5.00pm (male students)
Location: F233, M220
Instructor: Dr Myra Williamson
Office: 54
Office hours:
Email: [email protected] ; [email protected]
Website: www.drmyrawilliamson.com
Twitter: @MyraWilliamson
Course Description
This course is designed to introduce students to the concept of ‘social theory’ and
its relevance to an understanding of the law. It will encompass the examination
of law as a mechanism of social regulation and as a field of knowledge. The
course covers the main schools of thought in both classic and contemporary
thought. Topics to be covered include natural law and positivist theory, legal
realism and critical legal studies; the relationship between law and society; law
and the rule of law as a social phenomenon; feminist legal theory; critical race
theory and legal pluralism. In each topic, students will be taught the main ideas
and introduced to the main scholars. Students will be encouraged to form their
own opinions on each school of thought and relate it to their own experiences in
Kuwait.
Learning outcomes
By the end of this course, students will:
1. Have developed an understanding of the essential historic and
contemporary schools of legal theory.
2. Be aware of the significance of social theory in understanding law as a
social phenomenon.
3. Be aware of the nature of social theoretic scholarship and of the
differences between research and scholarship in the social sciences and
research and scholarship in law.
4. Be able to read and engage with some primary texts in the area of social
theory.
5. Have developed their ability to think critically and independently in
analyzing the various schools of thought and their impact on law.
6. Have developed their ability to research, write and present their research.
7. Have developed their ability to form and defend their own opinions on
matters concerning the role and purpose of law in society.
Course assessment
Students will be assessed throughout the course. The formal assessment will
occur as follows:
 In-class test – 5%
 Presentation - 10% (5% for the written part, 5% for the oral part).
 Class attendance and participation – 5%
 Mid-term exam – 20%
 Final exam – 60%
 TOTAL – 100%
Presentation: Students may work alone or in pairs. Students should research,
write and present their ideas to the class. Suggested topics will be provided in
class. Both members of the group will obtain the same mark if students work in
pairs. Both members of the group must contribute to both the written AND the
oral presentation. A task sheet and rubric will be handed out in class.
Mid-term exam and final exam: The mid-term and final exams are worth 20%
and 60% respectively. More information will be provided in class nearer the time
of the exam about the structure and content. The mid-term will be held in either
week 9 or week 10 (see below) and the final will be held sometime between 26
May and 5 June. IMPORTANT: there are NO make-up exams. If you miss an
exam you will receive a grade of zero for that exam.
Class attendance and participation: Attendance at all lectures is compulsory.
Failure to attend lectures may mean that students are not allowed to attend the
final exam. Students should be familiar with KiLAW attendance policies. If a
student misses a lecture for a medical reason, they will be marked “absent” but
they should take their medical certificate to the student affairs department who
will deal with their excuse for non-attendance.
“Attendance” means being in class within 10 minutes of the start time. Students
who arrive within the first 15 minutes will be allowed to enter but will be
marked “Late”. Students who arrive after the first 15 minutes may not enter the
classroom, as per KiLAW attendance policies. They will be marked “Absent”.
Course readings and lectures
Course readings will be selected and made available to students by
instructor. These will be taken from various texts and will be selected on
basis that they provide background reading for the material discussed in
lectures. Exams and essays will be based on BOTH the class lectures and
readings.
the
the
the
the
Although there is not one set textbook, we will refer to some chapters of the
following texts:

Pattison, D., A Companion to Philosophy of Law and Legal Theory
(Blackwell, UK: 2010).

Sinha, S. P., Jurisprudence: Legal Philosophy in a Nutshell (West Publishing,
USA: 1993).

Freeman (ed) Lloyd’s Introduction to Jurisprudence 8th ed (Oxford
University Press).

Davies, M., Asking the Law Question (Oxford University Press: 2010)
The first text listed above, Pattison, D., A Companion to Philosophy of Law and
Legal Theory, can be downloaded as an electronic book from a link on my
website (see below). The chapters that we will use will be announced in class.
The second book (Sinha) will be used from time to time, with some extracts
photocopied for use as background reading. The other books are available on
reserve in the law library.
Powerpoint slides will be prepared by the instructor. These will be made
available to students online before the relevant lectures. They will be posted
here: www.drmyrawilliamson.com/students.html. Students are required to visit
this webpage frequently to download and print the lecture slides and other
material. It is the students’ responsibility to access the Powerpoint slides as and
when they wish. It is recommended that students print the slides and bring them
to class with them.
Students should also take their own notes during every lecture.
Lecture schedule
Below is set out a tentative list of topics that, inshaAllah, will be covered during
this course. This is subject to change. It is based on the information available at
the time of writing (2 February 2013). Dates and topics may have to be
rearranged to take into account holidays and other factors. If class discussions
mean that some topics take longer to cover than is indicated here, adjustments
will be made. Changes will be announced in class.
WEEK DATE
TOPIC
READINGS
1
Feb 3-7 Introduction to the Slideshow #1
course;
overview;
glossary
2
Feb
Natural Law
Slideshow #2
10-14
Pattison, D., A Companion to Philosophy of
Law and Legal Theory, Chapter 13
Sinha, S. P., Jurisprudence: Legal
Philosophy in a Nutshell Chapter 4
3
Feb
17-21
4
Feb
24-28
March
3-7
March
10-14
5
6
Legal Positivism:
Pattison, D., A Companion to Philosophy of
Bentham,
Austin, Law and Legal Theory, Chapter 14
Hart
Sinha, S. P., Jurisprudence: Legal
Philosophy in a Nutshell Chapter 6
Legal
Positivism
continued…
Review – test?
Legal Realism and Pattison, D., A Companion to Philosophy of
Legal Formalism
Law and Legal Theory, Chapter 15
Pattison, D., A Companion to Philosophy of
Law and Legal Theory, Chapter 20
7
March
17-21
March
24-28
Legal
Realism
continued…
Legal Realism –
review
9
March
31April 4
10
April
7-11
April
14-18
Law
and Mid-term exam week?
society/role
and
purpose of law/
Theories of Justice
Mid-term
exam
week?
feedback and discussion
Critical legal studies Slideshow #3
8
11
12
13
14
15
16
17
Post-exam
Pattison, D., A Companion to Philosophy of
Law and Legal Theory, Chapter 16
April
Critical
legal Pattison, D., A Companion to Philosophy of
21-25
studies/Feminist
Law and Legal Theory, Chapter 18
Legal Theory
April
Feminist
Legal
28-May Theory/Critical Race
2
Theory
May
Student presentations
5-9
May
Student presentations
12-16
May
Revision and exam preparation
19-23
May
Final exams
26-30
As noted above, this schedule is a guideline only: it is subject to change. Changes,
additions or alterations will be discussed in class as and when necessary.
Plagiarism
“Plagiarism” means using other people’s ideas or words and claiming them as
your own. Plagiarism is considered a serious academic offence. It can result in
receiving a “0” grade for a piece of work and ultimately the loss of credit,
suspension or even expulsion. Students are reminded that there must be correct
attribution of sources whenever other people’s ideas are used. Acknowledge
your sources, whether they are websites, textbooks, articles or anything else, in
footnotes. Include a bibliography with all written work. Furthermore, if a student
submits work which they did not write themselves, they can expect to receive a
“0” grade for that submission.