Course Catalogue

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Private law plays a fundamental role in modern Western democracies yet how we justify, explain, and describe it has been contested for centuries. On this course, foundational questions and influential methods of modern Anglo-American private law will be examined, including is private law a means to efficiently allocate resources, is private law merely politics by another means, is private law primarily concerned with ensuring justice between individuals, or does private law generate inequality, unjust power imbalances and contribute to suffering in society.

There will be 10 x 2-hour seminars spread throughout semester 2.

This course is only available to LLB students.

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1. 2,500 word essay: students will submit a critical examination of one theory, theorists or method.

2. 2,500 report: students will submit a report analysing the success, influence or failure of a theory to explain a contemporary doctrine, case or area of private law.

Reassessments are normally available for all courses, except those which contribute to the Honours classification. Where, exceptionally, reassessment on Honours courses is required to satisfy professional/accreditation requirements, only the overall course grade achieved at the first attempt will contribute to the Honours classification. For non-Honours courses, students are offered reassessment in all or any of the components of assessment if the satisfactory (threshold) grade for the overall course is not achieved at the first attempt. This is normally grade D3 for undergraduate students and grade C3 for postgraduate students. Exceptionally it may not be possible to offer reassessment of some coursework items, in which case the mark achieved at the first attempt will be counted towards the final course grade. Any such exceptions for this course are described below. 

1. Introduce students to seminal writings within Anglo-American private law.

2. Engage students in close reading, analysis, and discussion of classical Anglo-American private law texts.

3. Assist students in developing a critical understanding of the relationship between private law theory and decided case law, legislation, and the operation of private law in practice.

4. Help students appreciate the fundamental role played by private law within modern Western societies and the need to evaluate its impact both morally and politically.

5. Enable students to critically discuss and evaluate for themselves the impact of private law's theories and methods upon Western legal systems.

By the end of this course students will be able to:

1. Examine, analyse, and discuss seminal texts within Anglo-American private law theory.

2. Explain, evaluate and comprehend the relationship between private law theory and the functioning of modern Western legal systems.

3.Critically analyse, reflect, and explain the different ways by which private law theory offers insights into the functioning of private law within contemporary society.

Students must submit at least 75% by weight of the components (including examinations) of the course's summative assessment.

An optional formative assignment will be available.