Access to Justice in Theory and Practice LAW4155

  • 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

This course addresses the theory and practice of access to justice. Students will confront a body of research on the challenges and opportunities of relying on different types of legal service provision to resolve legal problems, especially those associated with social welfare (e.g. immigration, housing, family and employment), equality and human rights law. The impact of exclusion from legal processes as a result of lack of funds, lack of awareness of rights, lack of representation or lack of faith in the justice system will be explored. The current changing landscape of legal aid provision across the UK will also be addressed as well as the different 'tools' used to address legal problems. Drawing in the experience and expertise from social justice lawyers in the field, students will have the opportunity to contextualise normative and theoretical perspectives on access to justice in light of case study examples from legal practice. 

Timetable

There will be 10 x 2-hour seminars spread throughout semester 1.

Requirements of Entry

This course is only available to LLB students.

Excluded Courses

None

Co-requisites

None

Assessment

80% of the assessment will be made up of a written 3000 word essay. Students will choose one essay topic from a list of five choices.

 

20% of the assessment will be a 2000 word group work report (each group will have approximately 6-8 students). The report will be in relation to a selected case study in relation to an access to justice issue.

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 aims of the course are to:

 

i) Foster an awareness of the inter-relationship between law and broader social justice issues;

ii) Develop knowledge of access to justice theories and related empirical socio-legal research;

iii) Develop skills in relation to identifying how legal problems are experienced in practice across different areas of social welfare law and / or human rights;

iv) Introduce students to the legal aid and charity sectors as providers of legal advice;

v) Encourage students to reflect upon the contribution and limitations of the law and legal services in addressing client needs;

vi) Introduce students to the history, background and current context of legal aid provision;

vii) Introduce students to the operation of law within a relevant social, economic and political context.

Intended Learning Outcomes of Course

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

 

 

i) Identify access to justice issues as they might arise in the civil justice system;

ii) Understand different access to justice theories and the values and / or principles that underpin them;

iii) Exercise critical judgment in evaluating socio-legal research relevant to measuring legal needs;

iv) Critically assess the role of the law and / or lawyers in responding to legal needs;

v) Apply knowledge of relevant access to justice theories to issues as they arise in practice across areas of social welfare and / or human rights law;

vi) Conduct themselves professionally and contribute positively when working as a team;

vii) Welcome exposure to a wide variety of perspectives on social justice legal practice, including those from lawyers in the field;

viii) Develop skills in independent working;

ix) Consider and act upon social justice issues relevant to legal practice;

x) Possess an awareness of ethical-social values relevant to legal practice;

ix) Have a practical and contemporary knowledge of legal professional frameworks relevant to access to justice issues;

iix) Gain skills in teamworking and communication.

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.