Property Theory and Rights LAW4201

  • Academic Session: 2024-25
  • School: School of Law
  • Credits: 20
  • Level: Level 4 (SCQF level 10)
  • Typically Offered: Semester 2
  • Available to Visiting Students: Yes
  • Collaborative Online International Learning: No

Short Description

The course will cover major contemporary property theories, ranging from liberal to feminist, Critical Race Theory and Law & economics approaches. It will also discuss controversial property law cases (from the property of body parts to issues concerning expropriation and right to roam) and invite the students to discuss them through the lenses of the theories covered during the course

Timetable

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

Requirements of Entry

This course is only available to LLB students.

Excluded Courses

none

Co-requisites

None

Assessment

The assessment is made of two components:

20% of a formative essay (1000 words)

80% will be a two-hour exam during the April-May diet (max 2000 words). Two questions on different seminars covered in the course

Main Assessment In: April/May

Are reassessment opportunities available for all summative assessments? Not applicable for Honours courses

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. 

Course Aims

The aim of the course is to invite the students to reflect and understand the legal concept of property right and to understand how this is reflected, theoretically, in our conceptions of the legal order and, practically, how it is used by courts in decisions on property rights

Further aims are:

■ Introduce the students to the most controversial and debated contemporary conceptions of property theory

■ To develop awareness of the comparative dimension of property theory and rights

■ to give the students an opportunity to undertake independent research on topics of current relevance and interest

Intended Learning Outcomes of Course

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

Critically engage with different conceptions of property

Capacity of reading complex and sophisticated texts of property law scholarship and case law

Analyse legal reasoning of judicial decisions concerning property rights

Develop normative arguments to argue in favour of one conception of property law

Minimum Requirement for Award of Credits

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