Specialisation: Family law

Equity and trusts in context

Module A [LWM10A]

The constitution of express trusts

The intellectual basis of equity and the history of the law of trusts

The foundations of express trusts

The constitution of express trusts

The obligations of trustees

Module B [LWM10B]

Trusts implied by law

Resulting trusts

Constructive trusts (i)

Constructive trusts (ii)

Constructive trusts (iii)

Module C [LWM10C]

Breach of trust and equitable remedies

Trustees’ liability for breach of trust

Tracing

Personal liability to account as a constructive trustee

Equitable remedies

Module D [LWM10D]

Trusts of land and of the home

Establishing rights in the home

Commonwealth approaches to establishing rights in the home

Trusts of land

Remedial approaches to the acquisition of rights in the home

Sequence:
The modules can be completed in any order, but students without a firm understanding of the foundations of trust law are advised to take Module A first.

Textbooks:
Alastair Hudson, Equity and Trusts 5th ed (London: Routledge-Cavendish, 2007),
ISBN: 9780415418478

Alastair Hudson, Understanding Equity and Trusts Law 3rd ed (London: Cavendish Publishing, 2008), ISBN: 9781859418871

Human rights of women

Module A [LWM19A]

Is the theory underlying human rights law male?

Introduction to Human Rights, what is Human Rights law?

Analysis of the history and philosophy of Human Rights discourse.

Who is included in the “human” of Human Rights?

Module B [LWM19B]

Feminist critiques of human rights

Feminist theories and critiques of Human Rights law.

The problems and/or virtues of Human Rights law for women on a global scale.

Feminist reconstructions of Human Rights, aiming to ensure the inclusion of women.

Module C [LWM19C]

Institutional framework, institutions and documents relating to the human rights of women

Examination of Human Rights documents and their institutional framework, including: the UN Charter, the “three Generations of Rights”, the Convention on the Elimination of All Forms of Discrimination Against Women; the Declaration on the Elimination of Violence Against Women.

International Courts, human rights and humanitarian law.

Module D [LWM19D]

Sovereign governments, non-state actors and individual responsibility for human rights violations: linking theory to practice

Consideration of the work of non-governmental organisations set up for/by women.

Interrelationship between sovereign governments, non-state actors and a developing international jurisprudence on Human Rights law investigating how these impact on the lives of women.

Case studies on sexual violence and rape including the International War Crimes Tribunals at The Hague.

Reconnecting feminist legal theory to the Human Rights of women.

Sequence:
Students are advised to attempt the modules in order but may, if they wish, attempt modules in the following order:
Module C, module A, module B and module D or
Module C, module D, module A and module B.

Textbooks:
Hilary Charlesworth and Christine Chinkin, The Boundaries of International Law: A Feminist Analysis (Manchester: Manchester University Press, 2000), ISBN: 9780719037399

Rebecca J. Cook (ed), Human Rights of Women: National and International Perspectives (Philadelphia: University of Pennsylvania Press, 1994), ISBN: 9780812215380

International rights of the child

Please note that the modules of this course are no longer available for new registrations.

Module A: [LWM35A]

The development of the international law on the rights of the child

Introduction and analysis of international law and international human rights law

International and regional instruments – specific to the child

International and regional instruments – general human rights

The definition of a child in international law

The two principles of interpretation

Module B: [LWM35B]

Children and family life

Introduction and analysis of the public and the private

Definitions of family, family life and family environment

The ‘right’ to a family

The democratic family

Module C: [LWM35C]

Children and the justice system

Introduction and merger of family law principles and child criminal justice

Definition of juvenile

The umbrella principles

The rights of children accused of an offence

Child hearings

The rights of children deprived of their liberty

Module D: [LWM35D]

Combatting child poverty

Introduction and a critique of the generation of rights theory

Theories surrounding the separation of powers and how they have impeded using the law to alleviate poverty

Using the international law on poverty alleviation in the national courts

Using the international law on poverty alleviation in the international sphere

Sequence:
The modules can be attempted in any order.

Textbook:
Geraldine Van Bueren, Child Rights in Europe (Strasbourg: Council of Europe Publishing, 2008), ISBN: 9789287162694

Youth justice

Please note that the modules of this course are no longer available for new registrations.

Students currently registered on these modules are able to enter for examinations up th end of 2017.

Module A: [LWM52A]

The aetiology of youth crime

The extent and nature of youth crime

Aetiological explanations for youth crime

Theories of childhood

Youth crime prevention

Module B: [LWM52B]

Historical and theoretical approaches to youth crime

Welfare and punishment in the early history of youth justice policy

The developmental model in the 1980s

Youth justice policy in the 1990s

New Labour, crime and disorder, and managerialism

Module C: [LWM52C]

The youth justice process

Pre-trial diversion

Sentencing young offenders

Punishment in the community and YOTs

The use of detention

Module D: [LWM52D]

Current issues in youth justice

Parental responsibility

The media and youth crime

Alternatives to a Youth Justice System

Child victims and restorative justice

Discrimination

Sequence:
Modules A, B and C before module D.

Textbook:
Julia Fionda, Devils and Angels: Youth, Policy and Crime (Oxford: Hart Publishing, 2005),
ISBN: 9781841133744