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Interdisciplinary Study of Law (B-KUL-C01F8A)

6 ECTSEnglishBoth termsCannot be taken as part of an examination contract
Kuczerawy Aleksandra (coordinator) |  N. |  Kuczerawy Aleksandra (substitute) |  Margoni Thomas (substitute)
POC Rechten

Aims

• Develop an insight in the usefulness, scope, limits and methodological issues of interdisciplinary research;
• Preview a number of auxiliary disciplines to the study of law;
• Consider (legal) problems from the perspective of non-legal sciences;
• Develop skills to apply various disciplines to the study of legal problems;- Independently apply and integrate legal research within at least one other discipline.

Is included in these courses of study

Activities

6 ects. Interdisciplinary Study of Law (B-KUL-C01F8a)

6 ECTSEnglishFormat: PracticalBoth terms
N. |  Kuczerawy Aleksandra (substitute) |  Margoni Thomas (substitute) |  Margoni Thomas (substitute)
POC Rechten

Content

The first part of the course has a general nature, introducing students to a number of important auxiliary disciplines to the study of law and examining the merits and limits of the interdisciplinary approach to law. Disciplines treated during the academic year 2006-2007 are the philosophy of law, the sociology of law, law and economics, and the history of law. Some stimulating questions are raised with regard to the methodology of interdisciplinary research, such as its horizons and frontiers; its value and appraisal within the domain of legal studies; or still, feedback from interdisciplinary results to legal research.
 
The second part offers students the opportunity to study a (legal) topic of their interest in depth from one particular disciplinary stance. By means of a written paper and oral presentations, students will be challenged to display their skills in undertaking interdisciplinary research.
 
Calendar
 
A theoretical introduction, limited to one week of classes (one full day and three afternoons or mornings), followed by at least four meetings (plenary and individual), to debate, exchange ideas and monitor progress towards the finishing of the final paper.
 
Students are invited to select a legal topic of their choice which will be studied in-depth, applying an auxiliary scientific discipline. This topic is preferably in line with the focal point of interest throughout the last stage of their study.
 
[attention: all dates are exemplatory]
 
1. Part 1. Theoretical introductions
Monday, March 5: 
- overview of the course structure, assignments, productions and evaluation (10 – 11 h);
- general introduction to the methodology of the interdisciplinary study of law (11 – 13 h);
- introduction to Sociology of Law (14-17 h)
 
Tuesday, March 6:
- introduction to Law and Economics (14-17 h)
 
Wednesday, March 7
- introduction to the History of Law (10-13 h)
 
Thursday, March 8
- introduction to Philosophy of Law (10-13 h);
- concluding comments on the various auxiliary disciplines within the framework of the interdisciplinary study of law (14-17 h)
 
2.  Part 2. Research track
Monday, March 19
- Assignment 1 due.
Tuesday, March 20
- Semi-plenary discussion of individual research plan
(group 1 )
Thursday, March 22
- Semi-plenary discussion of individual research plan
(group 2)
Monday, April 2
- Assignment 2 due.
From Monday, April 2 to Friday, April 6
- Meeting with individual tutor.
Monday, April 23
- Assignment 3 due.
From Monday, April 23 to Friday, April 27
Meeting with individual tutor.
Monday, May 14
Assignment 4 due.
Tuesday, May 15
Semi-plenary presentation of paper with debate
(group 1)
Thursday, May 17
Semi-plenary presentation of paper with debate
(group 2)
Friday,June 8
Assignment 5 due. 
 
The order of assignments coincidences with the actual writing process of an academic paper which is to be prese nted at a(n) (international) conference. A rough research project draft is written and consequently discussed with colleagues. This design is co mpleted, upon which scholars in the field are consulted. In a third stag e, research methods are outlined, pitfalls examined and the final method ology established. The actual writing process starts, culminating in a d raft conference paper, suitedfor presentation at the conference. The fi fth and final mark of this process consists in the finalizing of the pap er, building on critique and suggestions provided at the conference. Thi s final paper is now ready to be published in what is commonly called th e 'proceedings'of a conference, which can be defined as a volume t hat includes all or a selection of papers presented at a conference.
  
- Assignment 1. Research project draft, introducing and commen ting the topic of research, including, amongst other things, a rough res earch plan, preference for a particular auxiliary discipline and the mot ivation to do so (why you have opted for a specific interdisciplinary approach, e.g., why sociology of law and not law and economics?)
 
- Assignment 2.  Project plan update incorporating feedback from first plenary session, culminating in a detailed research plan.
 
- Assignment 3. Content-wise and methodological encounters. First impressions of progress, pitfalls and problems regarding the actual research, related to content as well as to methodology. Comments of individual tutor are taken into account.
 
- Assignment 4. Draft conference paper. A preliminary version of the final paper, bundling all previous pieces into one coherent research report, which has reached a fairly high level of academic quality after yet another encounter with the individual tutor.
               
- Assignment 5. Finalized paper, reworked on the basis of the reactions obtained at the second plenary meeting, which is ready for publication in the (virtual) proceedings.
 
Semi-plenary discussion. Students are invited to present their research project and findings in a plenary meeting. However, to stimulate debate and interaction between students, two groups are created on the basis of auxiliary discipline and selected topics. The presentations thus take place in group 1 or 2, each containing about half of the total number of students participating in the course -hence the epitheton semi. You will be assigned to either group 1 or 2, implying that you are not expected to take part in the semi plenary sessions of the other group.
 
Meeting with individual tutor. As in classic Oxfordian tutorship, you will be coached by a tutor throughout the research process. Your tutor and you will come together two times (sometimes more) to discuss progress. The individual tutors are the instructors from the theoretical part of the course. It is self-evident that they will guide students within their field of expertise, respectively sociology of law, law and economics, history of law or still, philosophy of law.

Course material

Philosophy of Law
 
Jeremy Waldron (x) ‘Legal and Political Philosphy’ in x, p. 352-380.
 
Ronald Dworkin (2003), ‘Terror & the Attack on Civil Liberties’, New York Review of Books, 8 November.
 
Judith Jarvis Thomson (1971), ‘A Defense of Abortion’, in Ronald Munson (ed.) (1996), Intervention and Reflection: Basic Issues in Medical Ethics, 5th ed., pp. 69-80.
 
Sociology of Law
 
Roger Cotterrell (2006), ‘Why Must Legal Ideas be Interpreted Sociologically?’ in Roger Cotterrell (2006), Law, Culture and Society, Aldershot: Ashgate, p. 45-63.
 
Roger Cotterrell (1995), ‘The sociological concept of law’ in Roger Cotterrell (1995), Law’s Community. Legal theory in sociological perspective, Oxford: Clarendon Press, p. 23-40.
 
Steven Vago (1988), ‘Sociological Research of Law in Society’ in Steven Vago (1988), Law and Society, 2nd ed., New Jersey: Prentice Hall, p. 296-321.
 
Marc Galanter (1974), ‘Why the “Haves“ come Out Ahead: speculations on the limits of Legal Change’, Law and Society Review, 9, p. 95-114., adapted in Colin Campbell & Paul Wiles (1979), Law and Society. Readings in the Sociology of Law, Oxford: Martin Robertson, p. 160-168.
 
Stewart Macaulay (1963), ‘Non-contractual relations in business: a preliminary study’, American Sociological Review, 28, p. 55-67, adapted in Colin Campbell & Paul Wiles (1979), Law and Society. Readings in the Sociology of Law, Oxford: Martin Robertson, p. 168-174.
 
Francis Van Loon, Stephane Delrue and Wim Van Wambeke (1995), ‘Sociological Research on Litigation: Perspectives and Examples’, European Journal of Law and Economics, 2, p. 379-385.
 
Legal History
 
E.H. Carr (1961), What is history?, London: Palgrave, p. 1-24.
 
John Lewis Gaddis (2002), ‘The interdependency of variables’ in John Lewis Gaddis (2002), The Landscape of History. How historians map the past, Oxford: Oxford University Press, p. 53-70.
 
Randall lesaffer (2003), ‘The Grotian Tradition Revisited: Change and Continuity in the History of International law’, in The British Year Book of International Law, Oxford: Clarendon Press, p. 103-139.
 
Law and Economics
 
E. Mackaay (2000), ‘History of Law and Economics’, in B. Bouckaert and G. de Geest (eds.) (2000), Encyclopedia of law and Economics, Volume I. The History and Methodology of Law and Economics, Cheltenham: Edward Elgar, p. 65-94 [full text and references available on the web].
 
Guido Calabresi (1961) ‘Some Thoughts on Risk Distribution and the Law of Torts’ 70 Yale Law Journal 499, p. 499-553.
 
Uri Gneezy and Aldo Rustichini (2000), ‘A Fine is a Price’,Journal of Legal Studies Vol. XXIX (January 2000), p. 1-17.
 
Id, ‘Reply to Ariel Rubinstein’s critique of “A fine is a price”.
 
Scope and limits of the Interdisciplinary Approach 
 
Koen Van Aeken (2005), ‘Legal Instrumentalism Revisited’ in Luc Wintgens (2005), The Theory and Practice of Legislation, Aldershot: Ashgate, p. 67-92.
 Roger Cotterrell (1995), ‘Law and sociology: the constitution and confrontation of disciplines’ in Roger Cotterrell (1995), Law’s Community. Legal theory in sociological perspective, Oxford: Clarendon Press, p. 23-40.

Evaluation

Evaluation: Interdisciplinary Study of Law (B-KUL-C21F8a)

Type : Exam outside of the normal examination period

Explanation


Based on a weighted average of the following assessments: 
1) the student’s participation in the course week and the assignment completed in that week (track II), entailing a presentation of the results (33,33%), and 
2) within track I, the student’s work throughout the semester (outline, class discussions, peer review, final presentation: 33,33%) and the final paper (33,33%).