15 credits
Level 1
First Term
This course is a compulsory course on the LLB degree introducing students to Scottish Criminal Law including its sources and current law. It examines various aspects of substantive law including crimes against the person, crimes of dishonesty, crimes against property and criminal defences enabling students to understand and apply the law in these areas. The course also develops student’s written, verbal and analytical skills utilising written course work and problem solving exercises in tutorial groups.
15 credits
Level 1
First Term
The course provides firstly a map of private law as drawn from the institutional scheme. It then progresses to an equivalent of the medical student’s study of anatomy in the sense that, concentrating on the law of property and obligations, it examines the main concepts of private law and how they operate together as a system to solve everyday legal problems.
15 credits
Level 1
First Term
This course introduces the fundamental components and characteristics of the Scottish legal system. It includes a study skills programme which covers different facets of the study of law along with a series of practical workshops which introduce key legal information sources (both electronic and paper) and appropriate search strategies. Lectures and tutorials will cover topics such as the Scottish legal tradition, formal sources of Scots law, the legislative process, organisation of the courts, judicial precedent, civil procedure, alternative dispute resolution, the European legal order, legal services and access to justice.
15 credits
Level 1
First Term
This module examines, through the use of current, high-profile case-studies, the varying role played by law in wider society. The course departs from the traditional ‘black letter’ approach to studying law and will focus primarily upon current legal problems facing society and the related ethical, economic and social arguments. It will be seen that law is not merely a static body of rules but a mechanism for facilitating and inspiring change in all aspects of our society.
15 credits
Level 1
Second Term
Contract is one of the central subjects of private law and is one of the main branches of the law of obligations, the other being Delict and Unjustified Enrichment. Contract Law covers obligations which are voluntary in nature. Every day we make contracts from buying a newspaper to buying a house. Contract Law is an area where Scots law and English law are very similar, and this course will cover Scots contract law but also highlight where English law differs with the aim of giving students a working knowledge of contract in both countries.
15 credits
Level 1
Second Term
7.5 credits
Level 1
Second Term
This course is a compulsory course on the LLB with English Law degree introducing students to English Criminal Law including its sources and current law. It examines various aspects of substantive law including offences against the person, offences of dishonesty, offences against property and criminal defences enabling students to understand and apply the law in these areas. The course also develops student’s written, verbal and analytical skills utilising written course work and problem solving in tutorial groups.
7.5 credits
Level 1
Second Term
This 7.5 credit course builds on knowledge gained in Legal System. It covers key elements of the English legal system. This includes sources of law, key institutions and roles, criminal and civil processes. It includes topical areas of relevance such as access to justice, the future of legal aid, the diversity of judges and the present and developing nature of the different branches of the legal profession. Assessment is by research exercises.
15 credits
Level 1
Second Term
This course introduces students to two of the key branches of the Scots law of obligations, namely Delict (which governs legal liability for situations such as the negligent infliction of harm upon others, or liability for breach of privacy) and Unjustified Enrichment (which is concerned with questions such as, if I pay you money in error, am I entitled to demand that you return it?).
15 credits
Level 1
Second Term
This course is an introduction to the laws and rules of the UK Constitution. Major topics include the institutions of state, parliamentary sovereignty, the rule of law, the separation of powers, and devolution. This area of law is fast-moving, and an effort is made to address current issues.
15 credits
Level 2
First Term
This course examines the law of the European Union and its relationship with the legal systems of the United Kingdom. Lecture topics include the composition and function of the EU Institutions, sources and effects of EU Law, state liability and judicial review. Other topics covered include human rights in the EU, the fundamental freedoms, and competition law. Each lecture topic includes consideration of the evolving relationship between the legal systems of the United Kingdom and the European Union.
15 credits
Level 2
First Term
This compulsory LLB course is all about things. What items can you own? How do you become owner of property? What can you do as an owner of property? What can you do with the property of other people? And so on. An understanding of Scots property law is crucial to markets, commerce and domestic life. This course will give students a broad overview of the regulation of land, moveable items and incorporeal rights like intellectual property in Scotland.
15 credits
Level 2
First Term
The course aims to systematically and critically introduce the foundations of Public International Law (PIL). The history, nature, legal personality, statehood and recognition, sources, the law of treaties and how PIL interacts with domestic law are considered in-depth. These are followed by topics such as jurisdiction, sovereignty, the role of the United Nations, the law of state responsibility and peaceful settlement of disputes between states. The contents of the course are designed to enable students to understand why and how international law regulates the behaviour of its actors with respect to some specific subject areas.
15 credits
Level 2
First Term
This course will examine in detail both administrative law and civil liberties under the constitution of the United Kingdom. Major topics include judicial review (scope, standing and grounds), the European Convention on Human Rights, the Human Rights Act 1998, voting rights, and common law rights. This area is fast-moving, and an effort is made to address current issues.
15 credits
Level 2
Second Term
This is a second level course, which is compulsory for LLB students planning to become professional lawyers. The course consists of four elements: the law of agency, the law of partnership, company law and insolvency law. The lectures will focus on the creation of agency, partnership and companies of different types; the rules that enable these commercial organisations to function; and the law concerning the termination of these commercial organisations. One reason for these organisations coming to an end is that they become insolvent. The rules on insolvency and bankruptcy will be a significant element of the course.
15 credits
Level 2
Second Term
This course is divided into two principal parts. In the first part, students will be introduced to the key facets of the law governing the formation of adult relationships, including the constitution of marriage and civil partnership, legal rights and duties of spouses and civil partners, same sex marriage, the grounds for divorce and the financial aspects of breakdown of marriage and relationships of cohabitation. The second part focuses on the relationship between children and adults and the legal rights of children, including parental rights and responsibilities, court orders relating to children and the welfare principle.
7.5 credits
Level 2
Second Term
This course aims to provide student with an accessible introduction to some of the central themes of legal theory. The material will be organised around broad themes that will enable students to understand the basic concepts of legal theory. The themes include: the authority of law; the theoretical foundations of legal reasoning and the explanation of judicial decisions.
7.5 credits
Level 2
Second Term
Students studying for the Aberdeen LLB are required to take this course if they wish to use their degree to enter the Scottish legal profession. The course will examine both testate and intestate succession, in the context of the general principles of the law of succession, including legal rights. Furthermore, it will introduce the functions of trusts, the rights of beneficiaries and the powers and duties of trustees. The course is available only to LLB students in Programme year 2 or above and graduates on the 2 year degree.
15 credits
Level 2
Second Term
The course introduces the student to the way in which foreign legal issues affect the domestic litigation and legal practice of selected issues of private law. We examine issues such as establishing and defending jurisdiction, deciding what law should be applied to a given matter, and how to enforce or otherwise use any resulting judgment or settlement across borders in other legal systems. We will look at how Scotland, England & Wales and the EU use private international law to address these issues. Not less importantly, we examine relevant international conventions that have been adopted under the auspices of the Hague Conference on Private International Law.
This is an exempting course for the Faculty of Advocates exam on private international law.
15 credits
Level 2
Second Term
This course is designed to provide non-LLB students with an understanding of the main issues in business law. Topics will cover elements of the Scottish law and legal system concerning Contract Law (including the unfair contract terms), Agency, Delict, Employment Law, Partnership, Bribery Act and Company Law.
7.5 credits
Level 2
Second Term
This is a foundational course that introduces students to the basics of comparative law. The first part of the course focuses on the various methods to analyse differences and similarities between legal rules across nations and cultures. It also introduces students to various efforts to map and explain legal diversity. The second half of the course includes a range of case studies to showcase how the comparative method can be used in different areas of the law and across nations and regions.
7.5 credits
Level 2
Second Term
The aim of this course, open to students who have already studied the Scots law of delict (and compulsory for those on the ‘Law with English Law’ programme), is to extend their expertise to embrace the English law of torts. More particularly, it aims to provide knowledge and understanding of the conceptual structure of this branch of English law in comparison with the corresponding branch of Scots law, and deals in detail with a few specific areas of tort liability, such as environmental torts, occupiers’ liability and trespass to land.
7.5 credits
Level 2
Second Term
This course introduces students to the core features of legal systems of the Romano-Germanic tradition, focusing in particular on legal systems which have been imitated elsewhere in the world, namely those of Germany, France and Spain. The course is a compulsory component of the LLB with German Law, the LLB with French Law and the LLB with Spanish Law.
15 credits
Level 3
First Term
This course deals with the rules of evidence as they apply in the courtroom. The rules in both criminal and civil cases will be analysed. The legal requirements for leading real evidence, documentary evidence and witness testimony are considered. Topics include: relevancy, the corroboration rule, hearsay evidence, expert evidence, confession evidence and search evidence. The subject is highly topical and practically important to all lawyers
15 credits
Level 3
First Term
This course considers Equity and Trusts, which in its content, teaching, and nature of its development makes clear key differences between Scots law and English law. We will consider the history of Equity and its relationship with the common law; the meaning, creation and practical impact of trusts (express, implied, resulting and constructive) with both family disputes and commercial sagas having a key role; charitable and non-charitable purpose trusts; rights of beneficiaries; appointment and responsibilities of trustees; fiduciary relationships, and equitable remedies (in particular injunctions, and freezing and search and seize orders).
15 credits
Level 3
First Term
This course examines, through a series of lectures and tutorials, a number of important areas of Scots commercial and consumer law, including the sale and supply of goods and services, insurance, cautionary obligations and consumer credit. It also, through lectures, workshops and a presentation, introduces students to the skills and techniques of advocacy in the context of a commercial and/or consumer dispute.
15 credits
Level 3
Second Term
Jurisprudence is a course in legal theory. The course looks into the major theoretical traditions that shaped legal thinking in the 20th century: legal positivism, the natural law doctrine, legal realism, the economic analysis of law, etc. It is designed to help students develop a self-conscious and reflective attitude to some of the hotly contested issues of modern law, like the relationship between law and morality, or the ways in which legal education is related to the legal practice.
15 credits
Level 3
Second Term
This course will explore and critically evaluate the concepts of land and property in the law of England and Wales; estates and interests in land (freehold, leasehold, licence, mortgage and easement); freehold covenants; registered and unregistered land and conveyancing of registered land; trusts in land (including co-ownership); adverse possession; landlord and tenant relationships, leasehold covenants, leasehold enfranchisement, and commonhold.
15 credits
Level 3
Second Term
The energy industry is a particularly important sector of the economy. Fossil fuel sources provide a state with a source of financial revenue and potential to secure energy supplies. This comes at a cost: health and safety risk or environmental degradation. A regulatory and commercial framework has to be provided to facilitate and control these developments. Alternatives to fossil fuels exist, such as hydropower, wind, solar and nuclear. These are preferable from a climate change perspective but these, too, present legal and regulatory challenges, as does the process of providing a secure and affordable energy supply to end-point consumers.
25 credits
Level 4
First Term
This course examines the law of sales in both a Scottish and international context. Seminar topics will give students a good working knowledge of issues that occur when a difficulty arises (e.g., non-conformity of goods, passing of risk, damages, exemption, avoidance) and the role of important European law as well as international treaties and conventions. The precise focus of the course varies from year to year and depending on the teaching staff involved there may be a greater or lesser focus on Scots law.
25 credits
Level 4
First Term
This course looks in depth at certain of the main aspects of the Scottish criminal justice process, focussing upon its mainly adversarial nature. Some comparisons are drawn with the inquisitorial processes of continental Europe. Topics addressed include: prosecution systems; the position of the accused; the status granted to the victim; plea-bargaining; the trial process; and appeals. The emphasis is not so much on ‘black-letter law’ but on the principles and policies, often clashing, which underlie the detailed legal rules and regulations governing the relevant institutions and processes.
25 credits
Level 4
First Term
The issue of how gender impacts upon and interrelates with law and legal processes is topical and socially important, with questions relating to gender equality and violence against women currently attracting a high degree of academic, media and government attention. Through looking at particular topics connected to criminal justice and family law, this course will introduce students to current legal dilemmas and legal responses in these areas, in addition to sociolegal and feminist approaches to law.
25 credits
Level 4
First Term
The course examines abortion law in Scotland, the wider UK, Europe, countries beyond Europe, and international law. It is non-partisan and welcomes students of all viewpoints. Topics will be chosen annually to reflect current legal debates but might include: concepts of ‘rights’ with respect to abortion; roles of fathers; factors which affect access to legal abortion; regulation of the medical profession; or case-studies on legal systems where abortion law has become topical.
25 credits
Level 4
First Term
The course is intended to offer insights into the dynamics of the development of international human rights law. It provides advanced instruction in several key aspects of international human rights law (freedom from torture, freedom of religion, social rights, right to self-determination, etc.) in order to develop a critical understanding of the protection of human rights at the global level. It also seeks to shed light on the way the forces of globalisation and global civil society activism shape the conditions under which human rights law can be created and maintained.
25 credits
Level 4
First Term
The course will provide a clear overview of the commercial law aspects of private international law in international commercial litigation and arbitration. The course will cover issues of jurisdiction, applicable law, recognition and enforcement of foreign judgments in international commercial litigation, and private international law matters in international commercial arbitration.
25 credits
Level 4
First Term
This course considers a number of important topics in contemporary Scots family law. An underlying theme is whether the law in these areas is satisfactory or in need of reform, and what shape reform might take. Topics include: domestic violence, the welfare test, divorce law, assisted reproduction, adoption, and international family relocation. There is a comparative element to some of the seminar topics as relevant Scots law is compared with the position in England and/or other jurisdictions. The effects on Scots family law of the European Convention of Human Rights are also explored.
25 credits
Level 4
First Term
The course is based is intended to develop students’ advanced understanding of public international law, legal arguments writing and oral presentation skills. Throughout the semester the students, under the guidance of the member of stuff, will work on a case, developing advanced knowledge of the relevant areas of public international law application, composing and refining legal arguments, and furthering the critical approach to own and peers’ written and oral submissions.
25 credits
Level 4
First Term
The aim of this course is to introduce students to American constitutional law through the study of landmark Supreme Court decisions on controversial moral issues. The material on the course will be organised in relation to broad themes that will enable students to develop and refine their understanding of major issues in American Constitutional Law. The themes include abortion; homosexuality and same-sex marriage; freedom of religion; affirmative action. The course will also help students to familiarise themselves with the main approaches to constitutional interpretation.
25 credits
Level 4
Full Year
This course, taken over both half sessions by final year honours students, and available only to those students, allows you to write a 10,000 word piece on an aspect of law that you choose with the help of a consultee. Once your topic and plan are approved by the law school you work independently and hand in the dissertation shortly before the Easter Break.
25 credits
Level 4
First Term
This course focuses on selected areas of Roman law including some in which there has been considerable influence on modern legal systems like that of Scots law. Part of the purpose of the course is to introduce participants to the neo-humanistic textual study of Roman law but also to evaluate its continuing importance as exemplified in, for example, a leading case like Donoghue v Stevenson.
25 credits
Level 4
First Term
Unjustified enrichment is a relatively new addition to Scots private law, the courts having only recognised it as a distinctive legal area in the 1990s. As the name suggests, this is an area that sets out to redress enrichments which, in the eyes of the law, are unjustified. In spite of its novelty, or perhaps because of it, unjustified enrichment has attracted a significant degree of academic attention over the past thirty to forty years, having stirred up a number of academic debates, ranging from the national (‘Should Scots law follow the lead of English law in structuring its own law of unjustified enrichment?’) to the existential (‘Does unjustified enrichment even need to exist in a modern legal system?’). This course aims to confront at least some of these debates.
25 credits
Level 4
First Term
The aim of this course is to ensure that participants can develop a good grounding in two important connected fields of law – leases and land law. In particular, the course will cover the following topics:
The philosophy of the lease; the lease as a ‘real’ right; the interaction of common law and statute in the Scottish law of leases; the residential lease – public sector/private sector; recent statutory developments in respect of residential tenancies; agricultural leases; commercial leases; long leases, the registration of leases
Building upon the particular context of the commercial lease, the course then considers a selection of issues arising from contemporary property transactions. This will include investigation of the list of real and public rights available in Scots law (the numerus clausus principle) and its possible extension, the identification of how rights are created and transmitted including positive prescription and land registration, all with with particular reference to the law of real burdens and servitudes and other restrictions on the use of land.
The practical application of the law of lease and conveyancing theory, plus the intersection with planning law, will be discussed in the particular contest of a (hypothetical) retail centre development.
25 credits
Level 4
First Term
The course builds upon the basic understanding of criminal law acquired in LS1020 although it is very important to understand that the topics are approached from a much more theoretical perspective. The course examines in detail selected principles of criminal liability, including the role and limits of the criminal law, the defence of mental disorder, murder, rape, provocation and the limits of excusability. Comparative material from a variety of jurisdictions is included.
25 credits
Level 4
First Term
This course provides students with a knowledge and understanding of certain key points in Scottish legal history. Seminar topics have been chosen to show students how to evaluate primary material as well as to engage with academic debate. Students will also in some seminars engage with research projects based at Aberdeen.
25 credits
Level 4
First Term
This course examines the way in which the law regulates the treatment of animals in Britain. Topics include: historical development; legal and moral status of animals; the basis and nature of regulation; the legal and political framework, including the impact of the WTO and the EU; the legal meaning of unnecessary suffering; the scientific concept of animal welfare; enforcement; and legislation relating to animals in specific contexts. Consideration is also given to relevant political, scientific, ethical and commercial issues which influence the substantive law. Students are expected to undertake significant personal research under the guidance of the course coordinator.
While self-evident from the Course Description, students should be aware that this course includes consideration of the ill-treatment of animals.
Students who are entering Junior Honours in September 2021 and who are considering taking this course as part of their Honours programme should be aware that it is unlikely to run during the 2022-2023 academic session.
25 credits
Level 4
First Term
This course concerns the relationship between law and politics in United Kingdom. In view of the highly topical nature of the subject-matter, the specific issues which are focused upon each year are determined by the members of the course, in consultation with the course co-ordinator. Recent examples include: devolution; response to terrorism; the role of the Prime Minister; reform of the House of Lords. In addition to developing an understanding of particular topics, the course places considerable emphasis on developing research and analytical skills. Students are expected to undertake significant personal research under the guidance of the course coordinator.
25 credits
Level 4
First Term
Historically, markets of the EEC/EU were integrated mainly on the basis of the ECJ case law of using fundamental freedoms as a tool for integration. Today, these freedoms are still an important pillar of the economic constitution, but free trade and competition between Member States’ undertakings have to be supported by other policies and the creation of competition in markets that suffer from market failure. This course looks at the integrating function of fundamental freedoms and fundamental rights. And develops further insights into policies creating the common market (state aids, regulating network industries).
25 credits
Level 4
First Term
This is an optional course at honours level for students interested in how companies finance their business activities and would be suitable for those students seeking to specialise in finance or corporate law. The course examines the law concerning the financing of companies of all sizes, from small and medium-sized companies to the largest public limited companies. Various forms of debt and equity finance will be considered, including share capital and raising finance on stock markets, unsecured borrowing, securitisations and secured finance.
25 credits
Level 4
First Term
The course builds upon the basic understanding of contract law acquired in Contract (LS1520), although it is important to understand that the topics are approached from a more theoretical perspective, and will critically evaluate at an advanced level, a number of themes introduced in LS1520. The course approaches a selection of current problems in contract law doctrine from the theoretical, comparative and philosophical perspectives. The topics will vary annually but will include the philosophical basis of contract law, contractual formation, good faith, promise, contractual remedies, factors vitiating consent, contractual interpretation and risk management through contract (exclusion clauses, penalty clauses etc).
25 credits
Level 4
First Term
Today there is a global dialogue on constitutionalism and judges extensively borrow doctrinal concepts and arguments from each other. This makes the study of comparative constitutional law ever more relevant and has contributed to the rapid evolution of the discipline. The aim of this course is to introduce students to the methods and main themes of comparative constitutional law. The topics include constitutional borrowing; federalism; the comparison of presidential and parliamentary governments; the types of judicial review; different approaches to constitutional interpretation.
25 credits
Level 4
Second Term
The course examines in detail complex areas of the law of succession and trusts with an emphasis being placed on discursive reasoning. The topics considered will include vesting in an executor and beneficiary, the absence of beneficiaries, the nature and roles of an executor and trustee, survivorship of beneficiaries and common calamities, formal and essential validity of wills (including the issue of execution of wills by adults with incapacity), updating out of date wills by means of the various conditiones applied by Scots law and similar rules in other legal systems, limitations on testamentary freedom, forfeiture and unworthiness of heirs.
25 credits
Level 4
Second Term
25 credits
Level 4
Second Term
The course will provide a clear overview of the successful family law conventions made at the Hague Conference on Private International Law, as well as an analysis of the working methods of the Hague Conference in making, reviewing and helping to ensure uniform interpretation of Conventions. Students will acquire a thorough knowledge of the Hague Conventions on child abduction (1980), intercountry adoption (1993) and child protection (1996); a good understanding of private international law relating to surrogacy with an international element, and an appreciation of the options for the legal regulation of family agreements at the global level.
25 credits
Level 4
Second Term
This course considers aspects of international trade law and addresses the legal and practical difficulties that may arise in this context. It focuses on the law and practice relating to international sale of goods, international carriage of goods, insurance, financing of international trade, and international commercial dispute resolution by litigation and arbitration.
25 credits
Level 4
Second Term
The course seminars will engage students with; understanding the rules of evidence and the regulation of the admissibility of evidence; the presumption of innocence and the right to a fair trial; issues surrounding evidence from vulnerable witnesses; issues with expert evidence; hearsay evidence and the reverse burdens of proof; corroboration and similar fact evidence.
25 credits
Level 4
Second Term
This course focuses on the complex problems of establishing a correct legal regulation of competitive conditions in the EU. We examine: the economic theory of competition and the difficulties of translating this into effective legal regulation; the operation of Art 101 TFEU in multi-level and other complex markets; current developments within Art 102 TFEU; reform of the public and the private enforcement of EU Competition law.
25 credits
Level 4
Second Term
This course is useful for students who are interested in consolidating their knowledge of Company Law. It covers a wide variety of topics including the nature and function of limited liability, minority shareholder protection, directors’ duties, company contracts and legal capital. There are numerous career opportunities associated with this course.
25 credits
Level 4
Second Term
Planning Law in Scotland examines urban and rural land use. Set in the context of history, politics and international developments, the law is considered in detail with examples of plans such as the National Planning Framework and topical and controversial planning applications used for illustration. There is a body of case law and intricate legislative provisions and policy sources for all the key areas. This course mixes academic reflection with practical knowledge and application.
25 credits
Level 4
Second Term
The course examines topical legal issues, themes and debates relating to children, young people and crime, within a legal, social and political context. Topics will be chosen annually to reflect contemporary debates but might include: the age of criminal responsibility; children’s participation in the justice system as offenders or witnesses; sexual offences committed by and against children; sentencing; the impact of childhood offending later in life; and case-studies on youth justice issues in other legal systems.
25 credits
Level 4
Second Term
The course addresses international legal issues raised by the increasing need to secure information and communication technology. It explores the modalities of international cyberattacks; discusses data protection in the EU and UK; questions the scope of the obligation of States to secure cyberspace; studies the role of private companies in monitoring online content and reacting to international cyberattacks; analyses how cyberoperations can be attributed to States; examines what cyberoperations violate international law and how States could react to unlawful international cyberoperations; and gives a comprehensive map of the governance and standards organisations in the cyberspace ecosystem.
25 credits
Level 4
Second Term
The course examines the regulation of biometric data and profiling in the European Union and the United Kingdom and it is designed in a way to assess the balance between the development of technology and the regulation process. It also deals with the ethical, social and human rights aspects of the issue, and it is aimed to develop innovative legal thinking which can solve the “privacy paradox”.
25 credits
Level 4
Second Term
The course aims to introduce students to the core aspects of privacy and data protection law, exploring its international, European, and national dimension.
The course addresses the role of data privacy regulation in the digital environment, critically discussing key global challenges, such as: international data transfers; the balance between the right to data protection and other fundamental interests; the explainability of artificial intelligence.
25 credits
Level 4
Second Term
This course builds upon the introduction to Delict provided in LS2025 and LS1536 examines a number of aspects of the law of delict in greater detail. Topics will be discussed in a comparative, historical and/or theoretical context. The specific topics covered will vary on a year-by-year basis as the course aims to examine issues of topical interest. Some of the topics covered in previous years include: causation; product liability; liability for breach of privacy; liability for pure economic loss; psychiatric injury; advocates' immunity and the liability of the police for negligently-conducted investigations.
25 credits
Level 4
Second Term
Changes in medical technology frequently cause changes in ethical attitudes and in the content of the law. The purpose of this course is to explore the interaction between law, ethics and medicine with an emphasis on the ethical aspects.
25 credits
Level 4
Second Term
This course examines the relationship between the law and the exercise of public power. Topics covered include: the nature of public administration and administrative law; mechanisms by which public administrative power is regulated; the development, role and impact of judicial review in both Scotland and England.
25 credits
Level 4
Second Term
Great diversity can be traced in the historical development of the legal systems of modern Europe. Nonetheless, that diversity has been shaped by various common traditions of legal ideas and intellectual movements. These were influential across the continent at different times and in different ways. One aim of this course is to understand how such traditions of legal ideas, such as those found in the scholarship of the medieval Civilians and Canonists, helped to shape contemporary law as it conceptualised, practised and taught in many different jurisdictions. It will focus on the period ca.500 BC – 1800.
25 credits
Level 4
Second Term
Through a series of seminars, this course engages students with a body of ‘media law’ which covers topics such as the freedom of the press, freedom of expression, access to information, open justice principle on the one hand, and on the other hand,the right to fair trial, right to privacy, right of publicity, right against defamation, and the regulation of obscene publications. The focus is on the regulation of media contents. While the course follows the relevant current developments in the law, it also lays the foundation and the broader social and historical contexts within which these developments take place.
25 credits
Level 4
Second Term
This course examines theories that attempt to explain why people act in a deviant or criminal manner. We will consider theories that explain deviance (in whole or in part) as the product of (1) biological features of the deviant; (2) economic forces; (3) environmental conditions; and (4) the 'labels' social groups assign to certain types of conduct. We will also look at the means by which criminal statistics are gathered, and the extent to which they are accurate. The course is taught through six 90-minute seminars. The assessment consists in a first essay (2000 words) worth 40% of the total grade for the course and a second essay (2500 words) worth 60% of the total grade for the course.
25 credits
Level 4
Second Term
The course aims to develop an in-depth and critical appreciation of current issues in the area of the use of armed force in International Law.
The course will first analyse the fundamental principle of the prohibition of the use of force between States. It will then examine the current exceptions to this principle; further, what types of arguments States tend to use to “justify” the recourse to force - and how scholars of International Law have addressed this question. The course will also study how the international community has reacted to the most recent cases involving the use of force on the international plane (in particular, in Afghanistan, Iraq, Kosovo, Libya, Ukraine, and Syria) and what the implications are for the evolution of International Law in the field of recourse to force.
25 credits
Level 4
Second Term
This constitutional law course considers how core political freedoms are protected by human rights law in the UK. The course takes the form of seminar discussion, based on prescribed reading, of civil liberties such as freedom of expression; freedom of thought; freedom to protest; and the right to vote. Students are encouraged to reflect critically on how the law guarantees those rights. The broader context of class discussion includes the relationship between the law of the ECHR and domestic law on human rights; and the balance of power between courts, Parliament and government to determine the scope of civil liberties.
30 credits
Level 4
First Term
This course examines the law of sales in both a Scottish and international context. Seminar topics will give students a good working knowledge of issues that occur when a difficulty arises (e.g., non-conformity of goods, passing of risk, damages, exemption, avoidance) and the role of important European law as well as international treaties and conventions. The precise focus of the course varies from year to year and depending on the teaching staff involved there may be a greater or lesser focus on Scots law.
30 credits
Level 4
First Term
This course looks in depth at certain of the main aspects of the Scottish criminal justice process, focussing upon its mainly adversarial nature. Some comparisons are drawn with the inquisitorial processes of continental Europe. Topics addressed include: prosecution systems; the position of the accused; the status granted to the victim; plea-bargaining; the trial process; and appeals. The emphasis is not so much on ‘black-letter law’ but on the principles and policies, often clashing, which underlie the detailed legal rules and regulations governing the relevant institutions and processes.
30 credits
Level 4
First Term
The issue of how gender impacts upon and interrelates with law and legal processes is topical and socially important, with questions relating to gender equality and violence against women currently attracting a high degree of academic, media and government attention. Through looking at particular topics connected to criminal justice and family law, this course will introduce students to current legal dilemmas and legal responses in these areas, in addition to sociolegal and feminist approaches to law.
30 credits
Level 4
First Term
The course examines abortion law in Scotland, the wider UK, Europe, countries beyond Europe, and international law. It is non-partisan and welcomes students of all viewpoints. Topics will be chosen annually to reflect current legal debates but might include: concepts of ‘rights’ with respect to abortion; roles of fathers; factors which affect access to legal abortion; regulation of the medical profession; or case-studies on legal systems where abortion law has become topical.
30 credits
Level 4
First Term
30 credits
Level 4
First Term
The course will provide a clear overview of the commercial law aspects of private international law in international commercial litigation and arbitration. The course will cover issues of jurisdiction, applicable law, recognition and enforcement of foreign judgments in international commercial litigation, and private international law matters in international commercial arbitration.
30 credits
Level 4
First Term
The aim of this course is to introduce students to American constitutional law through the study of landmark Supreme Court decisions on controversial moral issues. The material on the course will be organised in relation to broad themes that will enable students to develop and refine their understanding of major issues in American Constitutional Law. The themes include abortion; homosexuality and same-sex marriage; freedom of religion; affirmative action. The course will also help students to familiarise themselves with the main approaches to constitutional interpretation.
30 credits
Level 4
First Term
This course, that is only available to final year honours students, allows you to write a 10,000 word piece on an aspect of law that you choose with the help of a supervisor. Once your topic and plan are approved by the law school you work independently and hand in the dissertation shortly before the Easter Break.
30 credits
Level 4
First Term
This course focuses on selected areas of Roman law including some in which there has been considerable influence on modern legal systems like that of Scots law. Part of the purpose of the course is to introduce participants to the neo-humanistic textual study of Roman law but also to evaluate its continuing importance as exemplified in, for example, a leading case like Donoghue v Stevenson.
30 credits
Level 4
First Term
Unjustified enrichment is a relatively new addition to Scots private law, the courts having only recognised it as a distinctive legal area in the 1990s. As the name suggests, this is an area that sets out to redress enrichments which, in the eyes of the law, are unjustified. In spite of its novelty, or perhaps because of it, unjustified enrichment has attracted a significant degree of academic attention over the past thirty to forty years, having stirred up a number of academic debates, ranging from the national (‘Should Scots law follow the lead of English law in structuring its own law of unjustified enrichment?’) to the existential (‘Does unjustified enrichment even need to exist in a modern legal system?’). This course aims to confront at least some of these debates.
30 credits
Level 4
First Term
The aim of this course is to ensure that participants can develop a good grounding in two important connected fields of law – leases and land law. In particular, the course will cover the following topics:
The philosophy of the lease; the lease as a ‘real’ right; the interaction of common law and statute in the Scottish law of leases; the residential lease – public sector/private sector; recent statutory developments in respect of residential tenancies; agricultural leases; commercial leases; long leases, the registration of leases
Building upon the particular context of the commercial lease, the course then considers a selection of issues arising from contemporary property transactions. This will include investigation of the list of real and public rights available in Scots law (the numerus clausus principle) and its possible extension, the identification of how rights are created and transmitted including positive prescription and land registration, all with with particular reference to the law of real burdens and servitudes and other restrictions on the use of land.
The practical application of the law of lease and conveyancing theory, plus the intersection with planning law, will be discussed in the particular contest of a (hypothetical) retail centre development.
30 credits
Level 4
First Term
The course builds upon the basic understanding of criminal law acquired in LS1020 although it is very important to understand that the topics are approached from a much more theoretical perspective. The course examines in detail selected principles of criminal liability, including the role and limits of the criminal law, the defence of mental disorder, murder, rape, provocation and the limits of excusability. Comparative material from a variety of jurisdictions is included.
30 credits
Level 4
First Term
This course provides students with a knowledge and understanding of certain key points in Scottish legal history from the 14th to the 18th centuries. Seminar topics have been chosen to show students how to evaluate primary material as well as to engage with academic debate. Students will also in some seminars engage with the research projects based at Aberdeen.
30 credits
Level 4
First Term
This course examines the way in which the law regulates the treatment of animals in Britain. Topics include: historical development; legal and moral status of animals; the basis and nature of regulation; the legal and political framework, including the impact of the WTO and the EU; the legal meaning of unnecessary suffering; the scientific concept of animal welfare; enforcement; and legislation relating to animals in specific contexts. Consideration is also given to relevant political, scientific, ethical and commercial issues which influence the substantive law. Students are expected to undertake significant personal research under the guidance of the course coordinator.
While self-evident from the Course Description, students should be aware that this course includes consideration of the ill-treatment of animals.
30 credits
Level 4
First Term
This course concerns the relationship between law and politics in United Kingdom. In view of the highly topical nature of the subject-matter, the specific issues which are focused upon each year are determined by the members of the course, in consultation with the course co-ordinator. Recent examples include: devolution; response to terrorism; the role of the Prime Minister; reform of the House of Lords. In addition to developing an understanding of particular topics, the course places considerable emphasis on developing research and analytical skills. Students are expected to undertake significant personal research under the guidance of the course coordinator.
30 credits
Level 4
First Term
Historically, markets of the EEC/EU were integrated mainly on the basis of the ECJ case law of using fundamental freedoms as a tool for integration. Today, these freedoms are still an important pillar of the economic constitution, but free trade and competition between Member States’ undertakings have to be supported by other policies and the creation of competition in markets that suffer from market failure. This course looks at the integrating function of fundamental freedoms and fundamental rights. And develops further insights into policies creating the common market (state aids, regulating network industries).
30 credits
Level 4
First Term
This is an optional course at honours level for students interested in how companies finance their business activities and would be suitable for those students seeking to specialise in finance or corporate law. The course examines the law concerning the financing of companies of all sizes, from small and medium-sized companies to the largest public limited companies. Various forms of debt and equity finance will be considered, including share capital and raising finance on stock markets, unsecured borrowing, securitisations and secured finance.
30 credits
Level 4
First Term
Today there is a global dialogue on constitutionalism and judges extensively borrow doctrinal concepts and arguments from each other. This makes the study of comparative constitutional law ever more relevant and has contributed to the rapid evolution of the discipline. The aim of this course is to introduce students to the methods and main themes of comparative constitutional law. The topics include constitutional borrowing; federalism; the comparison of presidential and parliamentary governments; the types of judicial review; different approaches to constitutional interpretation.
30 credits
Level 4
Second Term
30 credits
Level 4
Second Term
The course will provide a clear overview of the successful family law conventions made at the Hague Conference on Private International Law, as well as an analysis of the working methods of the Hague Conference in making, reviewing and helping to ensure uniform interpretation of Conventions. Students will acquire a thorough knowledge of the Hague Conventions on child abduction (1980), intercountry adoption (1993), child protection (1996) and maintenance (2007); a good understanding of private international law relating to surrogacy with an international element, and an appreciation of the options for the legal regulation of family agreements at the global level.
30 credits
Level 4
Second Term
This course considers aspects of international trade law and addresses the legal and practical difficulties that may arise in this context. It focuses on the law and practice relating to international sale of goods, international carriage of goods, insurance, financing of international trade, and international commercial dispute resolution by litigation and arbitration.
30 credits
Level 4
Second Term
The course seminars will engage students with; understanding the rules of evidence and the regulation of the admissibility of evidence; the presumption of innocence and the right to a fair trial; issues surrounding evidence from vulnerable witnesses; issues with expert evidence; hearsay evidence and the reverse burdens of proof; corroboration and similar fact evidence.
30 credits
Level 4
Second Term
This course is useful for students who are interested in consolidating their knowledge of Company Law. It covers a wide variety of topics including the nature and function of limited liability, minority shareholder protection, directors’ duties, company contracts and legal capital. There are numerous career opportunities associated with this course.
30 credits
Level 4
Second Term
Planning Law: its decision making, practice and plans: Scotland, UK and international comparators.
A seminar based course on UK planning law. Planning or getting planning permission is regarded a risk factor in high profile projects, yet it brings together the regulation of design , development, social environmental, economic issues. Planning is at the forefront of public participation and community engagement and often has a political dimension.
This course will examine planning in context and its policy directions by the UK government. Multiple planning Acts have been augmented by case law and this will be considered under key topics of plans, planning permissions, sustainable development , community engagement conservation of the natural and built environment and planning for large infrastructure and master planning. A case study approach will be adopted with extensive UK examples and international comparators.
30 credits
Level 4
Second Term
The course examines topical legal issues, themes and debates relating to children, young people and crime, within a legal, social and political context. Topics will be chosen annually to reflect contemporary debates but might include: the age of criminal responsibility; children’s participation in the justice system as offenders or witnesses; sexual offences committed by and against children; sentencing; the impact of childhood offending later in life; and case-studies on youth justice issues in other legal systems.
30 credits
Level 4
Second Term
The course addresses international legal issues raised by the increasing need to secure information and communication technology. It explores the modalities of international cyberattacks; discusses data protection in the EU and UK; questions the scope of the obligation of States to secure cyberspace; studies the role of private companies in monitoring online content and reacting to international cyberattacks; analyses how cyberoperations can be attributed to States; examines what cyberoperations violate international law and how States could react to unlawful international cyberoperations; and gives a comprehensive map of the governance and standards organisations in the cyberspace ecosystem.
30 credits
Level 4
Second Term
The course examines the regulation of biometric data and profiling in the European Union and the United Kingdom and it is designed in a way to assess the balance between the development of technology and the regulation process. It also deals with the ethical, social and human rights aspects of the issue, and it is aimed to develop innovative legal thinking which can solve the “privacy paradox”.
30 credits
Level 4
First Term
The course aims to introduce students to the core aspects of privacy and data protection law, exploring its international, European, and national dimension.
The course addresses the role of data privacy regulation in the digital environment, critically discussing key global challenges, such as: international data transfers; the balance between the right to data protection and other fundamental interests; the explainability of artificial intelligence.
30 credits
Level 4
Second Term
This course builds upon the introduction to Delict provided in LS2025 and LS1536 examines a number of aspects of the law of delict in greater detail. Topics will be discussed in a comparative, historical and/or theoretical context. The specific topics covered will vary on a year-by-year basis as the course aims to examine issues of topical interest. Some of the topics covered in previous years include: causation; product liability; liability for breach of privacy; liability for pure economic loss; psychiatric injury; advocates' immunity and the liability of the police for negligently-conducted investigations.
30 credits
Level 4
Second Term
Changes in medical technology frequently cause changes in ethical attitudes and in the content of the law. The purpose of this course is to explore the interaction between law, ethics and medicine with an emphasis on the ethical aspects.
30 credits
Level 4
Second Term
This course examines the relationship between the law and the exercise of public power. Topics covered include: the nature of public administration and administrative law; mechanisms by which public administrative power is regulated; the development, role and impact of judicial review in both Scotland and England.
30 credits
Level 4
Second Term
Great diversity can be traced in the historical development of the legal systems of modern Europe. Nonetheless, that diversity has been shaped by various common traditions of legal ideas and intellectual movements. These were influential across the continent at different times and in different ways. One aim of this course is to understand how such traditions of legal ideas, such as those found in the scholarship of the medieval Civilians and Canonists, helped to shape contemporary law as it conceptualised, practised and taught in many different jurisdictions. It will focus on the period ca.500 BC – 1800.
30 credits
Level 4
Second Term
Through a series of seminars, this course engages students with a body of ‘media law’ which covers topics such as the freedom of the press, freedom of expression, access to information, open justice principle on the one hand, and on the other hand,the right to fair trail, right to privacy, right of publicity, right against defamation, and the regulation of obscene publications. The focus is on the regulation of media contents. While the course follows the relevant current developments in the law, it also lays the foundation and the broader social and historical contexts within which these developments take place.
30 credits
Level 4
Second Term
This course examines theories that attempt to explain why people act in a deviant or criminal manner. We will consider theories that explain deviance (in whole or in part) as the product of (1) biological features of the deviant; (2) economic forces; (3) environmental conditions; and (4) the 'labels' social groups assign to certain types of conduct. We will also look at the means by which criminal statistics are gathered, and the extent to which they are accurate. The course is taught through six 90-minute seminars. The assessment consists in a first essay (2500 words) worth 40% of the total grade for the course and a second essay (3000 words) worth 60% of the total grade for the course.
30 credits
Level 4
Second Term
The course aims to develop an in-depth and critical appreciation of current issues in the area of the use of armed force in International Law.
The course will first analyse the fundamental principle of the prohibition of the use of force between States. It will then examine the current exceptions to this principle; further, what types of arguments States tend to use to “justify” the recourse to force - and how scholars of International Law have addressed this question. The course will also study how the international community has reacted to the most recent cases involving the use of force on the international plane (in particular, in Afghanistan, Iraq, Kosovo, Libya, Ukraine, and Syria) and what the implications are for the evolution of International Law in the field of recourse to force.
30 credits
Level 4
Second Term
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