Undergraduate Course: Human Rights and Private Law (LAWS10164)
Course Outline
| School | School of Law |
College | College of Humanities and Social Science |
| Credit level (Normal year taken) | SCQF Level 10 (Year 3 Undergraduate) |
Availability | Available to all students |
| SCQF Credits | 20 |
ECTS Credits | 10 |
| Summary | This course will introduce students to the increasing importance of human rights jurisprudence to the understanding of private law. Students will examine how human rights have affected established areas of private law such as the law of property, obligations, and the law of succession. The course will also examine how new impetus has been given to other areas of private law to the extent that novel rules and concepts have been developed such as, for example, the law of privacy. There will also be an opportunity to examine the implications for the traditional distinction between public and private law, and to consider how traditional approaches to public law are gaining a foothold in private law. While it is envisaged that the course will concentrate on the Scottish context it will also encompass comparative material. |
| Course description |
Seminar 1: Introduction
Seminar 2: Principles/dimensions of constitutionalisation
Seminar 3: Contract 1
Seminar 4: Contract 2
Seminar 5: Property 1
Seminar 6: Property 2/Housing law
Seminar 7: Privacy/confidentiality
Seminar 8: Delict
Seminar 9: Family law
Seminar 10: Thematic discussion/comparative rights instruments/role of courts
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Information for Visiting Students
| Pre-requisites | None |
Course Delivery Information
| Not being delivered |
Learning Outcomes
On completion of this course, the student will be able to:
- 1. Knowledge and Sources of Law:
- an advanced understanding of different dimensions of human rights concepts
- an advanced understanding of the application of human rights concepts in private law
- an advanced understanding of the general concept of private law
- an advanced understanding of the constitutionalisation of private law
- an advanced understanding of the implications of constitutionalisation
- an appreciation of competing fundamental rights theories and the implications that they might have for private law
- a deeper knowledge of the operation of rights documents, in particular the European Convention on Human Rights and the ECtHR.
- a deeper knowledge of the areas of private law addressed, such as, for example, property and contract law
- consolidate knowledge and understanding of the hierarchies of legal sources that inform private and public law
- consolidate students' knowledge of appropriated primary and secondary source material
- provide students with a knowledge of topical developments in the field and any broader repercussions in society.
- 2. Subject-specific Skills:
- an ability to analyse, evaluate and interpret relevant source material
- identifying the material legal issue under discussion
- developing an advanced approach to critically addressing complex legal questions
- apply knowledge of legal rules/concepts/principles to solve legal problems
- critique conventional legal rules and doctrines
- further develop an awareness of the need to provide evidence for assertions and in argument, in particular appropriate legal authority.
- 3. General Transferable Intellectual Skills:
- developing complex evaluative and critical reasoning
- developing creative thinking
- develop an ability to apply knowledge outcomes to complex questions in written and oral form
- develop an advanced ability to present arguments for and against a proposition in a dispassionate manner
- develop the faculty of assessing and presenting the relative weight to be accorded to arguments
- develop doctrinal and taxonomical skills in a logical manner
- using electronic legal resources at an advanced level
- 4. Key Personal Skills:
- develop advanced written communication skills by way of formative assessment, and examination, including the ability to compose written work in conformity with a prescribed format.
- formatting and presentation skills by virtue of word processing
- oral communication skills developed in seminar discussions
- group work and the importance of appreciating different dynamics within a group, and learning to respect the opinions of other people even if there is disagreement.
- 5. Subject-specific Legal and Ethical Values:
- explaining the broad economic context of the constitutionalisation of private law
- fostering an awareness of the moral and philosophical questions posed by the course
- provide students with a space to reflect on their view of fundamental rights against a backdrop of their practical application
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Additional Information
| Graduate Attributes and Skills |
Not entered |
| Keywords | Not entered |
Contacts
| Course organiser | Mr Daniel Carr
Tel:
Email: |
Course secretary | |
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