The Law School

Inbound International Exchange & Erasmus Students Module Options for 2015 - 2016 University of Exeter

The Law School, The College of Social Sciences and International Studies March 2015

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Table of Contents When can I make my option choices? .................................................................................................... 3

How many credits can I take? ................................................................................................................. 3

What do the prerequisites mean? .......................................................................................................... 3

I want to take a module that I cannot see listed here ............................................................................ 3

What is the difference in level ‘2’ & ‘3’ coded modules? ....................................................................... 4

How are decisions made? ....................................................................................................................... 4

15 Credit Modules Semester/Term 1 ..................................................................................................... 4

Gender, Sexuality and Law ....................................................................................................................

Islamic Law and Society ...................................................................................................................... 4

Company Law Foundation .................................................................................................................. 5

Corporate Social Responsibility and Law ............................................................................................ 6

Lethal Force, the ECHR and Democracy .............................................................................................. 6

Research Paper ................................................................................................................................... 7

15 Credit modules – Semester/Term 2 ................................................................................................... 8

Alternative Dispute Resolution ........................................................................................................... 8

Unjust Enrichment .............................................................................................................................. 9

Research Paper ................................................................................................................................... 9

30 Credit modules – Semesters/Terms 1 and 2 .................................................................................... 10

Commercial Law ................................................................................................................................ 10

Family Law......................................................................................................................................... 10

Public International Law ................................................................................................................... 11

Employment Law .............................................................................................................................. 12

Company Law .................................................................................................................................... 12

International Law, Conflict and Strategy .......................................................................................... 13

Human Rights Law: The European Convention on Human Rights .................................................... 14

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Module Options 2015-16

This guide to optional modules is designed to help you through the process of module option choices, providing you with an overview of the modules available, information about where to find out more about these modules and the important dates you need to know for applying for modules. This guide does not contain all the information about each module, only an overview. The descriptions and assessments listed here are all subject to change. For each module there is also a short (5-10 minute) podcast, so you can get more of a flavour of what the module will be like. To access these podcasts simply click on the Video Description Link. Full module descriptors can be found online by a search on the University Home page.

When can I make my option choices? For students starting in September 2015, the Study Abroad Inbound Team will need to receive your ranked module options in your ‘Study Plan’ by the application deadline which is 30 April 2015 for International Exchange students and 31 May 2015 for Erasmus students. Please ensure to complete your Study Plan as part of your online application process. Incomplete applications submitted without your Study Plan and other supporting documents will experience a delay in processing. If you have any queries about which modules you can take, please email ssis-lawoffice@exeter.ac.uk before you submit your application. Students starting in Semester 2/term 2 (January 2016) will need to submit completed applications by a 31 October deadline.

How many credits can I take? One semester students must take 60 Exeter credits. Please note that 30 credit optional modules are spread across semester/term 1 & 2. Students are permitted to take semester/term 1 or semester 2 only of the module but you will then be assessed via an alternative assessment (not the assessment specified in this handbook). If you are electing to do a 15 credit version of a 30 credit module please specify this clearly on your Study Plan. Full year students must take 120 Exeter credits (60 per semester). This is equivalent to 60 and 30 ECTS credits respectively. You cannot take more than 120 Exeter credits.

What do the prerequisites mean? This is when prior knowledge is needed to take the module. For instance many modules will list the first year core modules and in most instances, a prior knowledge of the subject area from your home university will be sufficient. If you require further guidance on the suitability of the module, please contact the relevant module convenor for guidance.

I want to take a module that I cannot see listed here There are some modules that cannot accommodate incoming exchange students for either reason that there is not capacity or the subject matter is not appropriate. This is the case on all core Law modules and thus we are not able to offer these: LAW1022 - Legal Foundations LAW1003 - Criminal Law LAW1004 - The Law of Contract LAW1035 - Constitutional and Administrative Law

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LAW2017 - Land Law LAW2034 - European Union Law LAW2015 - Law of Torts LAW3041 – Trusts If there are other modules not listed here or above please contact ssis-lawoffice@exeter.ac.uk for further clarification. On some occasions, with specific agreement from the module convenor, individual cases may be considered although this cannot be guaranteed.

What is the difference in level ‘2’ & ‘3’ coded modules? These co-codes exist for our home students on LLB optional modules. This enables modules to be taught to both second and third year students at the same time. For most incoming exchange students, this has no impact for them whether they are registered on the ‘2’ or ‘3’ version – however, please ensure there is not stipulation from your home University with specific regards to your level of study.

How are decisions made? The Law School operates a ranking system where students are asked to rank more credits then needed. The cohort’s choices are then viewed as a whole to ensure fairness. There are limited spaces on modules so all the choices will also be based on the capacity of the module. Please note all modules are subject to change through the accreditation period and modules with poor sign up for or unforeseen staffing issues may be withdrawn at any time (if this does occur provisions will be in place). On arrival at Exeter students’ module choices will be finalised.

15 Credit Modules Semester/Term 1

Islamic Law and Society LAW2132

Video description Credits: 15 Summative Assessment Exam: 2 hours (50%)

Essay: 2000 words (50%) Module Convenor: Robert Gleave Please note this module is taught and assessed by the Institute of Arab and Islamic Studies. Summary: This module examines the history and modern development of Islamic law. You will have the opportunity to study how Muslims have thought of the Shari’a, and how it might have been implemented. You will examine a wide range of different types of Shari’a regulations including the position of women, human rights, criminal law and marriage and divorce. The module is particularly

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recommended if you are studying Islamic Studies, but also if you are studying Middle Eastern Studies. A basic knowledge of Islam will help, but it is not a prerequisite. The aim of this module is to expose you to the Islamic legal thought and tradition in the context of its increasing importance in family and social life. It will discuss the nature and development of Islamic Law (Shari'a) and deal with traditional law as applied by the four schools of Sunni Islam, and by Shi'i Islam. It will focus on the law of Personal Status (marriage, divorce, succession on death and the law relating to children) and on the commercial and criminal law as currently applied in the Gulf region and in the Indian sub-continent. Pre-requisite: None

Company Law Foundation LAW3083

Video description Credits: 15 Summative Assessment

Exam: 2 hours 15mins (100%) Essay: N/A

Module Convenor: Imogen Moore Summary: Company Law is a subject of great practical and theoretical interest, with important links to business and to other areas of law. Because of the importance of companies to the economy and society, it is also a subject that is continually part of the wider political debate. It would be all but impossible to go through life without dealing with companies (whether large or small): lawyers, business people, advisors, employees, customers, suppliers, creditors, politicians – all have to engage with companies at some level or another. In this module, you will consider both private and public companies and examine the nature of the corporate form and the constitution and administration of companies, and will focus on the key players in the corporate drama – directors and shareholders – and their relationship to one another. This module is open to undergraduate students with experience of studying law in England and Wales. Lectures are shared with Company Law (LAW3043: 30 credits). The aim of this module is to introduce you to some of the key topics and themes in Company Law. It is not an ‘introduction’ to the subject in the sense of providing you with relatively shallow knowledge over a wide range of topics; instead it considers in depth some of the main ideas underpinning Company Law and thus provides a foundation in the subject. (A wider range of topics within Company Law are considered in the 30-credit module LAW3043 (Company Law).) Having completed the module you should have gained an appreciation of the role of the company as a form of business enterprise and a thorough understanding of some of the aspects of its legal regulation, focusing on the nature of the company and the positions of directors and shareholders within the company. The module aims to enable you to identify legal issues and problems arising through the use of a company, to consider and analyse areas of legal complexity within the topics covered and advise appropriately on the legal resolution of problems. The module covers various

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topics concerning the use of the corporate form, in particular looking at issues arising on incorporation, issues arising from the company's structure, administration and management and issues with directors' obligations and minority shareholder protection. Pre-requisite: Contract Law (LAW1004)

Corporate Social Responsibility and Law LAW3135

Video description Credits: 15 Summative Assessment

Exam: 2 hour 15mins (100%) Essay: N/A

Module Convenor: Onyeka Osuji The module examines the role of business in society, particularly the social and environmental impacts of business activities. It examines the concept of corporate social responsibility (CSR) as a business strategy and a governance and regulation tool in domestic and transnational environments. The module explores broad questions such as: What is CSR and who sets its agenda? What is the appropriate relationship of CSR, globalisation and law? Can CSR address regulatory and governance gaps? It will also explore the approaches of different disciplines to CSR, including law, management, politics, philosophy, ethics and international relations and the strengths and weaknesses of taking global and comparative approaches to CSR. Corporate social responsibility is increasingly topical today as part of broader question of the role of business in society. Until recently CSR was almost exclusively studied in business schools, but it is a concept that straddles several disciplines, including law, management, philosophy and international relations. The backdrop is the understanding that a complete picture of CSR cannot be provided if it is examined as a business strategy only. There are CSR modules in some universities, while some (e.g. Nottingham which has a centre of CSR) offer interdisciplinary masters in CSR programmes. This interdisciplinary view of CSR is also reflected in the academic commentary in relevant specialist journals such as the Journal of Business Ethics and Business Ethics Quarterly. As today’s businesses and policymakers cannot simply ignore CSR because of its theoretical and practical implications, this module provides students with intellectual knowledge and practical skills necessary to understand the role of business in a globalised society and also enhances employment opportunities in commercial environments. Pre-requisites: None

Lethal Force, the ECHR and Democracy LAW2137/3137

Video Description Credits: 15

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Summative Assessment

Exam: 2 hour Exam (100%) Essay: N/A

Module Convenor: Stephen Skinner Summary: When the State kills in law enforcement operations, such as shootings by armed police or deaths resulting from the use of force in arrest and crowd control situations, fundamental questions are raised about human rights, State power and the rule of law – in other words, about the foundations of democracy. The most fundamental right under the European Convention on Human Rights (ECHR) is Article 2, the Right to Life. This allows a narrow range of exceptions related to the State’s exercise of lethal force in policing operations, an area that has been the object of increasing amounts of ECHR case law in recent years. In its case law, the European Court of Human Rights explicitly links its formulation of controls over State killing in terms of their importance for democracy, which involves vitally important substantive and procedural dimensions. Through an examination of Article 2, related case law and the challenging – even shocking – incidents involved in their socio-political context, this module will enable you to deepen your understanding of human rights law in a specific area and, essentially, critically engage with key foundations of European democracy. This module will complement and/or build on the other available optional modules on the ECHR and Human Rights Act. It will also be relevant if you are interested in questions of policing and State power. Pre-requisite: None

Research Paper LAW3151A Credits: 15 Capped at: 40 Summative Assessment Research Paper: 6000 words Module Convenor: Catherine Dupre This Module is available to take in semester/term 1 OR semester/term 2. In this module, you will produce a research paper of 6,000 words on a legal or socio-legal topic of your choice. You will be assigned an academic supervisor from the expertise available in the Law School, to match the proposed research paper topic and your areas of interest. Your supervisor will guide your research and writing according to an individually agreed framework, but you are largely expected to determine your own internal deadlines and define your own work programme in order to meet the final submission deadline set by the Law School. The aim of the research paper module is to give you the opportunity to develop further your independent research and argumentation skills, and to acquire knowledge on a discrete set of legal issues chosen by you. The module also aims to encourage and inspire you to engage critically with legal research and scholarship on a specific research question. It provides particularly good practice in carrying out and presenting legal research if you are considering post-graduate degrees.

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Note: Students can register only once for this module.

15 Credit modules – Semester/Term 2

Alternative Dispute Resolution LAW2059/3059

Video description Credits: 15 Summative Assessment

Exam: N/A Essay: Up to 3,500 words (100%)

Module Convenor: Sue Prince Summary:

This module will introduce you to alternatives to the adversarial legal system for resolving disputes. It will focus especially on the use of mediation within the civil, criminal and family justice systems and in other wider contexts. You will be introduced to the concepts and theories underpinning alternative dispute resolution (ADR) processes and to practical issues in using and applying mediation and other methods of ADR both within and outside the courts. The module aims to develop your ability to place the arguments for using alternatives to adversarial processes within the broader context of law, legal ethics and more generally both within the UK as well as in other jurisdictions.

The use of alternative dispute resolution (ADR) processes in the civil justice system has grown rapidly since the introduction of the Civil Procedure Rules 1998. This is because it is recognised that litigation is often not the most appropriate method of resolving disputes and there are advantages to litigants to consider, for example, the use of mediation. Mediation is a process which encourages parties to think creatively about the settlement of disputes.

There have been a number of policy moves across the justice system towards increasing a focus on ADR and settlement meaning it is becoming more important for lawyers and future lawyers to know about the relevant processes. This module will analyse the theory, process and practice. It will also consider more practical and ethical issues in the use of mediation in various areas of law. Students will be encouraged to look at mediation from a comparative perspective by considering how and why it is used differently in contexts as wide as the EU, online through services such as Ebay through low level crimes and in family law. There will be also a focus on the skills required to be a mediator and role-plays and simulations of different aspects of the mediation process which will elucidate how the mediation process works in practice.

Pre-requisite: Legal Foundations (LAW1020/1022), for exchange/Erasmus this will not be an issue.

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Unjust Enrichment LAW3150

Video description Credits: 15 Capped at: 60 Summative Assessment

Exam: 2 hour Exam (100%) Essay: n/a

Module Convenor: Nathan Tamblyn If you pay someone under a contract, and get nothing of what was promised in return, should you get your money back? If you give someone a generous gift, but only because they exerted an undue influence over you, should it be returned? If you pay too much tax by mistake, should you get the extra refunded? If the answer is yes, then the mechanism is the law of unjust enrichment, and that is why we have it. This is a young cause of action, but it has fast grown in popularity because its restitutionary remedy can be powerful: instead of recovering compensation for your losses, you get to take the profit made by the wrongdoer. This is an important area of study for anyone looking to complete their understanding of contract law in particular and the law of obligations in general. It is also interesting in its own right, based as it is primarily upon situations which call for moral judgments as to whether an enrichment can be labelled ‘unjust’. The Law of Contract (LAW1004) is a compulsory pre-requisite. This module is not suitable for non-lawyers. This module will teach you the guiding principles and illustrative detail of the law of unjust enrichment. It will explain the practical use and attraction of unjust enrichment as a cause of action, its relationship with contract law in particular, and how it fits within the law of obligations more generally. It will be taught primarily through ‘case studies’, short factual scenarios drawn from real cases which ask you to make moral judgments drawing upon your own experience. Over a number of case studies, the underlying guiding principle in each area can then be teased out, the rule precisely identified, and the supporting case law revealed.

Research Paper LAW3151B Credits: 15 Capped at: 40 Summative Assessment Research Paper: 6000 words Module Convenor: Catherine Dupre This Module is available to take in semester/term 1 OR semester/term 2. In this module, you will produce a research paper of 6,000 words on a legal or socio-legal topic of your choice. You will be assigned an academic supervisor from the expertise available in the Law School, to match the proposed research paper topic and your areas of interest. Your supervisor will guide your research and writing according to an individually agreed framework, but you are largely

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expected to determine your own internal deadlines and define your own work programme in order to meet the final submission deadline set by the Law School. The aim of the research paper module is to give you the opportunity to develop further your independent research and argumentation skills, and to acquire knowledge on a discrete set of legal issues chosen by you. The module also aims to encourage and inspire you to engage critically with legal research and scholarship on a specific research question. It provides particularly good practice in carrying out and presenting legal research if you are considering post-graduate degrees. Note: 1. Students can register only once for this module.

30 Credit modules – Semesters/Terms 1 and 2

Commercial Law LAW2019/3019

Video description Credits: 30 Summative Assessment

Exam: 3 hours (100%) Essay: N/A

Module Convenor: Severine Saintier Summary: Commercial Law is the law that governs contracts for the supply of goods and services, particularly those concerned with large scale transactions. This module concentrates on the legal machinery by which goods and services are marketed and sold, including the law of sale, agency and payment mechanisms. This is therefore a crucial module if you are considering working in the area of commercial law. You will examine key aspects of commercial law from a domestic as well as an international viewpoint. The course will provide you with thorough knowledge and understanding of the principles of English law which underpin international sales concluded on shipment terms, the use of cif and fob terms of sale by international traders, and of the role played by banks in international trade finance through letters of credit. Its aims are to provide students with a knowledge of the core areas of commercial law; critically to evaluate the relevant legal rules and, in particular, their suitability for application to commercial and consumer contracts in modern economic conditions; and, by concentrating on legal problem questions, to develop students' skills of legal reasoning and problem solving. Stress will be laid on the practical implications of the rules of commercial law, together with more theoretical issues.

Pre-requisite: LAW1004 Law of Contract or a firm base knowledge of English Contract Law from your home University. The module is not suitable for non-specialist students and those on interdisciplinary pathways.

Family Law LAW2020/LAW3020

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Video description Credits: 30 Summative Assessment

Exam: 2 hours 15 minutes (50%) Essay: Up to 3,500 word essay/assignment (50%)

Module Convenor: Liz Trinder Summary: Family law is an exciting and topical module which explores how the law and family justice system operate to regulate both adult relationships and relationships between parents and children. By analysing the legal and policy framework for family law in the context of the changing ways that people partner and parent, you will engage in an assessment of the effectiveness of the current family justice system and consider and debate proposals for reform of the law and the relevance of international regulation to aspects of law in this field. You will also explore relevant socio- legal research in this area and consider its importance to the development of family law in the 21st century. Within the module, you will consider the role of family law and the legal definition of family in the 21st century. You will consider the formation, termination and legal consequences of the adult relationships of marriage, civil partnership/gay marriage and cohabitation as well as the legal regulation of relationships between parents and children. Topical issues include the adequacy of remedies for domestic violence; the use of pre-nuptial agreements; the introduction of gay marriage; parentage and artificial reproduction and how to achieve fairness in asset distribution on relationship breakdown. You will explore recent radical changes in the Family Justice system, including withdrawal of legal aid from private family law court disputes, shifts towards alternative methods of dispute resolution, such as mediation and collaborative law and consider the greater proposed use of post-separation shared parenting and its impact on children. You will also explore issues around who the law regards as a parent and how the state intervenes in family life and attempts to protect children in dangerous families. Legal Foundations LAW1022 is a Pre-Requisite for this module. Subject to this, students from other Units may take the module. Pre-requisite: Legal Foundations - LAW1020/1022

Public International Law LAW2024/3024

Video description Credits: 30 Summative Assessment

Exam: 2 hours 15 minutes (75%) Essay: Up to 2,000 words (25%)

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Module Convenor: Michael Sanderson Summary: International law regulates relations at the international level and so in this module you will study the theories, principles and processes of this system of law including its sources, legal personality, jurisdiction and responsibility. In addition you will also explore substantive issues in the regulation of activities at the international context, including the use of force, dispute settlement processes, and the protection of human rights. Although non-law students are welcome to enrol in this module they should be prepared to do substantive legal research and read extensive amounts of case-law. This may present some challenges for students unfamiliar with legal research and/or materials. International law regulates relations at the international level and so this module seeks to study the theories, principles and processes of this system of law including its sources, legal personality, jurisdiction and responsibility. In addition the module will also explore substantive issues in the regulation of activities at the international context, including the use of force, dispute settlement processes, and the protection of human rights. Pre-requisite: None

Employment Law LAW2026/3026

Video description Credits: 30 Summative Assessment

Exam: 3 hours (100%) Essay: N/A

Module Convenor: Simon Honeyball Summary: This module examines legal aspects of the law of work, particularly the rights that employees have not to be unfairly dismissed or discriminated against, but also in respect of such matters as maternity rights, working time and the minimum wage. Collective rights are also considered, such as the right to take industrial action. Classes will place these topics within broader contexts, such as the political history of legislation and case law, as well as economic and social factors. Pre-requisite: LAW1004 Law of Contract

Company Law LAW3043

Video description Credits: 30

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Summative Assessment

Exam: 3 hours (100%) Essay: N/A

Module Convenor: Imogen Moore An understanding of Company Law is an asset to anyone: companies, whether for good or bad, are now an essential feature of our economy and society and a frequent topic of political and wider debate. If you intend to practice in law or follow a business or commercial path, a detailed understanding of Company Law is essential, while even if you have different career aspirations, an appreciation of Company Law allows you a better understanding of legal, business and financial regulation and can empower you as employee, customer, supplier or creditor. This module looks at issues arising throughout the life of the company, from formation to liquidation. In this module, considering both private and public companies, you will examine the nature of the corporate form, the constitution, administration and management of companies, directors’ duties, shareholder remedies, corporate responsibility, corporate capital, corporate insolvency and directors’ liability on insolvency. You will consider topics that concern both the internal operation of a company (and the relationships within a company), and the external activities of a company (and the company’s engagement with the wider world). Pre-requisites: LAW1004

International Law, Conflict and Strategy LAW2138/ LAW3146/LAW3146A

Video description Credits: 30 Summative Assessment

Exam: 2 hours 15 minutes (75%) Essay: Up to 2,000 words (25%)

Module Convenor: Aurel Sari Please note this module is taught and assessed in collaboration with the Strategy and Security Institute. Summary: The purpose of this module, which is designed and delivered jointly by the Strategy and Security Institute and the Law School, is to offer a prism through which students of law and security can explore the interaction between international law and international strategy. The module could be of particular interests to students on the flexible combined honours programme. The conduct of international relations is shaped by international law in fundamental ways: international law provides States with a shared language, values and institutional framework and as such plays a pivotal role in structuring their mutual interaction. At the same time, international law does not operate in a vacuum: in fact, it is influenced and shaped by international politics, security and strategy in fundamental ways too. Politics and social values drive the development of international law, from the creation of the United Nations Security Council to the prohibition of chemical weapons, and impose major constraints on its application.

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Given the dynamic relationship between international law and strategy, the study of neither subject is complete without at least a basic understanding of the other discipline. Security strategy involves making complex decisions and judgements in conditions of uncertainty and, often, urgency. Accordingly, students of international politics, security and strategy benefit from an understanding of international law just as much as student of international law benefit from an understanding of the political, security and strategic context in which law applies. To facilitate these mutual insights, the present module will ask you to engage with international law and strategy through a series of case-studies. The first part of the module will provide you with a basic foundation in international law and strategic thought. The second part of the module will examine four clusters of case studies on the use of force, the regulation of warfare, the challenges posed by technology and the question of international accountability and justice. Each of these clusters focuses on a range of cases, conflicts or real-life dilemmas to explore the competing legal and policy arguments in order to illustrate the complex interaction between international law and strategy. The third part of the course will revisit the relationship between international law and strategy in more general terms in order to draw certain common lessons from the case-studies. Pre-requisite: None. NB: This course may not be studied at the same time as Public International Law, LAW2024/3024.

Human Rights Law: The European Convention on Human Rights LAW2148/3148

Video description Credits: 30 Summative Assessment

Exam: 3 hours (100%) Essay: N/A

Module Convenor: Ana Beduschi Summary: This module focusses on the main body of human rights in Europe, namely the European Convention on Human Rights (ECHR) and its law. Until 2009, the ECHR was the only overarching bill of rights for Europe (Council of Europe and European Union) and has such it has shaped and influenced human rights law at the European level as well as in individual Member States, including in the UK. Studying this module will equip you with essential human rights law knowledge and key skills to understand human rights law current developments. The syllabus is designed to provide you with a solid foundation in ECHR law, as well as to encourage you follow the latest developments and sharpen your critical skills. The module can be taken as a specialism to build up on courses such as EU Law and Constitutional and Administrative Law, as well as a complement to other research-led human rights options Pre-requisite: Legal Foundations (LAW1020/1022)

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For Law enquiries please email: ssis-lawoffice@exeter.ac.uk You will note your module preferences on your Study Plan – a document completed with

your online application sent to the Inbound Study Abroad team. Note that module choices may be subject to the approval of convenors and also timetabling and other restrictions

Study Abroad Inbound: http://www.exeter.ac.uk/international/students/studyabroad/

We look forward to welcoming you to Exeter soon.