Historical Development of the Common Law [AJ]

Learning Outcomes

Knowledge and Understanding

Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:

• the importance of history and theory in understanding law's development in depth
• a wide range of major questions, issues and conflicts that have shaped the development of the Common Law
• the origins, full scope and development of the Common Law

Subject Specific Intellectual and Research Skills

Having successfully completed this module you will be able to:

• assess critically with skill the fundamental claims and concepts and key theoretical perspectives that emerge in historical pattern in the study of law
• thoroughly analyse the strengths and weaknesses of different arguments and perspectives and their relative merits for promoting and securing meaningful change within and across different areas of law
• comprehensively evaluate the potential of legal historical study for helping to understand, explain and address contemporary legal problems, issues and tensions

Transferable and Generic Skills

Having successfully completed this module you will be able to:

• capably construct, communicate and defend your own argument through a piece of independent research in a specific area under pressure of time
• think critically and contribute with knowledge and ability to informed debate on a wide variety of current issues
• locate and analyse a wide range of relevant primary and secondary resources, together with relevant historical, philosophical and political materials
• skilfully identify and summarise different types and forms of argument

The subject areas covered during the module may differ from year to year but may include:

• Henry II and the formation of the Common Law
• Magna Carta: origins, legacy, myth
• Property rights and the Charter of the Forest
• Medieval Contract Law from Assumpsit to the Statute of Frauds
• Constitutional crises and conflicts of laws
• World Wars and human rights
• Terrorism, the rule of law and the preservation of liberty

Teaching methods include:

Lectures (Weekly) and Tutorials (Fortnightly).

The module is taught by a series of ten 2-hour weekly lectures and five 2-hour tutorials, which provide you with an overview of each substantive topic, highlighting key points and an opportunity to engage in discussion of key issues and problems, and an opportunity to explore key topics/areas in further detail. The overriding emphasis is on the development of critical reflection and analysis through consideration of major events, themes and topics. The lectures/tutorials are supported with a range of 'handouts' (made available electronically via 'Blackboard'), which outline critical issues and required reading and provide questions and guidance for further study. You are encouraged to explore a wide range of both legal and non-legal resources from a variety of different legal, moral, political, historical and social perspectives.

Learning activities include:

• Directed Reading (as per distributed reading lists).
• Preparing and writing formative coursework, with critical self-reflection on your own performance throughout this process.
• Preparation for lectures/tutorials.
• Participating in class discussion (including small group work).

Formative

This is how we’ll give you feedback as you are learning. It is not a formal test or exam.

Essay

• Assessment Type: Formative
• Feedback: You will receive written feedback on one 1,500 word formative essay on a standard School form and, where appropriate, your answers will also be annotated. Additionally, a feedback session will be provided where general essay questions, approaches and answers will be discussed more fully.
• Final Assessment: No
• Group Work: No

Summative

This is how we’ll formally assess what you have learned in this module.

Referral

This is how we’ll assess you if you don’t meet the criteria to pass this module.

Repeat

An internal repeat is where you take all of your modules again, including any you passed. An external repeat is where you only re-take the modules you failed.