Law (LAWS) Courses
Note: some graduate courses may also be open to interested fourth-year students with permission of the Department.
Introduction to Legal Studies
Concepts, sources, nature and function of law; law and social change; historical and constitutional foundations of the Canadian legal system; common and civil law traditions; statutory interpretation and precedent; legal institutions; the role of judges, lawyers and lay persons; accessibility; alternative dispute resolution.
Social Justice and Human Rights
Theories and practices of law and social justice. Issues examined may include: civil democracy and repression; global governance and the rule of law; democratic movements and social power; human rights instruments, regimes and remedies; armed conflict; and humanitarian intervention.
Lectures and discussion three hours a week.
Persons and Property
Origins and scope of the concept of person in law and how concepts of legal personality change over time. Origins and scope of the concept of property and how concepts of property change over time.
Prerequisite(s): LAWS 1000.
Lectures three hours a week.
Obligations
The concepts employed by the law for creating and enforcing legal obligations between persons within society, including contract, tort, fiduciary obligation and restitution. Consideration is given to the role of persons and the role of the state in ordering private legal obligations.
Prerequisite(s): LAWS 1000.
Lectures three hours a week.
Criminal Justice System
The institutional and social production of criminal law in Canada. Processes, personnel, and agencies in the criminal legal system. The role of discretion and mechanisms of accountability. The accused and the place of the victim. Issues and problems in sentencing and punishment. Theoretical frameworks.
Prerequisite(s): LAWS 1000.
Lectures three hours a week.
Criminal Law
The legal and social dimensions of criminal liability and responsibility in Canada, including issues and problems surrounding mens rea, actus reus, and the attachment of liability. Excuses and justifications, the Canadian Criminal Code and the role of the Charter in the criminal legal system.
Prerequisite(s): LAWS 1000.
Lectures three hours a week.
Law, State and Constitution
Law relating to the state, society and the constitution, with a focus on the historical framework, federalism, and constitutional reform in Canada.
Prerequisite(s): LAWS 1000 [1.0], PAPM 1000 [1.0], PSCI 1000 [1.0 ] (No longer offered), PSCI 1001 and PSCI 1002 (no longer offered), PSCI 1100 and PSCI1200.
Lectures three hours a week.
Law, State and Citizen
Law relating to the state and its relationship to individuals and groups in society, with a focus on the administrative process, basic values and the Charter.
Prerequisite(s): 1.0 credit from LAWS 1000 [1.0], PAPM 1000 [1.0], PSCI 1100 and PSCI 1200.
Lectures three hours a week.
Public International Law
Examination of the role of law in contemporary international relations. Nature, history and sources of international law; international personality of states; the status of international organizations and individuals; creation and effect of international obligations; importance and functions of law in the settlement of international disputes.
Prerequisite(s): 1.0 credit from LAWS 1000 [1.0], PAPM 1000 [1.0], PSCI 1100 and PSCI 1200.
Lectures three hours a week.
Approaches in Legal Studies I
Introduction to interdisciplinary research and analysis in law and legal studies; finding and analyzing primary and secondary legal sources; introduction to the interrelationship between theory, practice and research. Students are strongly encouraged to take this course in the second year of their program.
Prerequisite(s): LAWS 1000.
Lectures and tutorials three hours a week.
Women and the Legal Process
How the legal process has affected the status of women. Areas of concentration within the Canadian context include the criminal law, citizenship and immigration, education, employment, and welfare and social services.
Lectures three hours a week.
Contracts
The enforcement of promises and agreements; basic doctrines and underlying principles of the law of contract are studied from formation of the contract to remedies for breach of contract; role of contract for economic and social purposes is also considered.
Law and Regulation
Definitions and goals of regulation; contemporary theories and debates about legal and non-legal approaches to regulation. Approaches studied may include market mechanisms, public agency regulation, self-regulation and governance in co-operation with associations in civil society.
Lectures three hours a week.
Mediation
Theory and practice of mediation; historical roots and influences; contrasts with formal litigation and other dispute resolution processes; issues of social and legal control; critiques, including feminist, Marxist and critical race theory; issues of power, gender, race and class; application to contemporary issues and disputes.
Lectures three hours a week.
Philosophy of Law: The Nature of Law
The concept of law, leading theories of law and related concepts such as rules and obligations, power and authority, coercion, and justice.
Prerequisite(s): third-year standing.
Lectures three hours a week.
Philosophy of Law: The Logic of the Law
The nature of legal reasoning and concepts particularly used in the course of legal reasoning such as rights and duties, ownership and possession, liability and punishment.
Theory of Law and Politics
Theories of law and politics; prominent thinkers and schools of thought; influence on legal and political institutions. Topics include law and ethics, justice and equity, positivism and natural law, state absolutism, codifications, and anthropological and historical theories of law and society.
Sociology of Law
Development of law in the context of modernity, the West and capitalism. Writings on law by Durkheim, Weber and Marx; their influence on the development of the sociology of law.
Prerequisite(s): 1.0 credit from LAWS 2105, LAWS 2201, LAWS 2202, LAWS 2301, LAWS 2302, LAWS 2501, LAWS 2502, LAWS 2601.
Business Enterprise Frameworks
Forms of carrying on business activity: proprietorships, partnerships, corporations and Crown entities. The rights and obligations of such business enterprises both internally and in relation with other persons. The relationship between legal form and economic function. The role of state intervention.
Intellectual Property
Critical assessment of copyright, patents, trademarks, trade secrets and other forms of intellectual property; regulation and governance of information technology including self-regulation, standard setting, licencing, competition policy and international dimensions.
Lectures three hours a week.
The Legal Nature of Property
An examination of the nature and functions of property as a legal and social institution, with particular reference to theories of property, the scope of property interests, and the relationship between individual property rights and the state.
Consumer Law
Need for consumer protection in the provision of goods and services; traditional legal protection by statute and common law; legislative responses to consumer pressures; judicial response in recent Canadian, English and American law; reform of consumer law.
Banking Law
The law relating to banks and banking; the nature of the legal relationship created; legal rights and duties of the parties involved. Consumer and corporate aspects of banking (including computerization and electronic funds transfers); regulations of banking.
International Transactions
Topics may include: the international sale of goods, finance of transnational transactions, international carriage of goods, insurance, agency and trading houses; other forms of trade, e.g., counter-trade, foreign investment; settlement of international disputes by litigation and arbitration.
International Trade Regulation
International regulation of trade and investment through bilateral, regional and multilateral treaties and agreements. Topics may include: WTO, NAFTA, the EU, UNCTAD, intergovernmental commodity agreements, dispute settlement.
Canadian Correctional Policies in Historical Perspective
History of corrections in Canada in the context of the international evolution of western penal systems, Canadian corrections in the twentieth century and expansion of alternatives to prison after WWII; criminological debates about the theoretical and empirical significance of historical milestones in corrections.
Torts
Principles of legal liability for harm caused to the person or property of others; examination of policy rationales justifying and limiting liability; responsiveness to changing social values and conditions. Particular focus on negligence law; may also consider nuisance, intentional torts and other topics.
Crime and State in History
The history of the relationship between the criminal law system and society. Changing issues in the criminal law and the nature of institutional responses, covering medieval to early nineteenth-century England and nineteenth to early twentieth-century Canada.
Crime, Law, Process and Politics
Criminal law process in Canada; structure and use of the process examined for fairness, defects, and possible reform initiatives. Issues concerning gender, race and class bias in the implementation and application of the criminal law.
Youth and Criminal Law
A review of the Youth Criminal Justice Act within the framework of the Canadian justice system, with particular emphasis on historical and philosophical developments and objectives. Current topics include: constitutional issues, procedure, confessions, transfers, sentencing options, alternative measures, reviews, and possible amendments.
Punishment and the Law
This course explores justifications and practices of punishment and social control from a socio-legal perspective. Rationalizations and justifications for punishment are considered. Different forms of punishment and control within the law will be examined as well as different theoretical perspectives of punishment.
Employment Law
Legal regulation of the employment relationship; its contractual basis; defining employment; rights and duties of employees and employers; termination of employment; statutory regulation through employment standards legislation, human rights codes, workers' compensation acts, occupational health and safety and related statutes.
Lectures three hours a week.
Labour Law
Role of law in industrial relations; effect of law on collective bargaining relationships; recognition of bargaining agent; regulation of bargaining; administration of the collective agreement; methods of conflict resolution.
Lectures three hours a week.
Constitutional Law
An investigation of the Canadian constitution. Sovereignty, the nature and units of executive, legislative, and judicial power in Canada as interpreted by the courts. The distribution of powers under the Canadian constitution, including an investigation of contemporary problems of federalism. Problems of judicial review.
Law in the Information Society
Legal responses to challenges of the information society. Topics may include privacy, surveillance and monitoring, access to information, freedom of expression, control of objectionable content, Charter and human rights issues, and security.
Lectures three hours a week.
Regulating Freedom of Expression in Canada
The claimed relationship between freedom of expression and Canadian democracy, including the historical development of the right and various limits on it, and the regulatory structures governing contemporary media, criminalized and commercial expression, and use of media in the courtroom.
Prerequisite(s): 1.0 credit from LAWS 2201, LAWS 2202, LAWS 2301, LAWS 2302, LAWS 2501, LAWS 2502.
Lectures three hours a week.
Equality and Discrimination
Human rights issues and law in Canada; history and present day experiences of discrimination; critical exploration of law's effectiveness in responding to discrimination; meaning(s) of equality and discrimination; focus on Human Rights Codes - interpretation, administration, enforcement - some reference to s.15 of the Charter.
Prerequisite(s): LAWS 2105 or LAWS 2302 or LAWS 2502.
Lectures and seminars three hours a week.
Law and Aboriginal Peoples
The legal situation of aboriginal peoples in Canada. Topics include status, aboriginal rights, treaties, legislative jurisdiction and the constitutional framework, aboriginal claims, and self-government. Comparative references to aboriginal policy in other countries.
Lectures three hours a week.
Administrative Law
Structure and procedure of Canadian administrative authorities; policy, statutory and judicial environments in which they operate. Topics include techniques for implementing public policy and structuring public authorities; statutory interpretation; procedural safeguards; exercise of statutory discretion; reconciling efficiency and fairness.
Health Law
Legal/ethical issues in health care regulation. Topics may include: regulation of health professions; economics of health care; informed consent/choice; regulation of drugs, devices and research; medical malpractice and other liability; mental health issues; patient/client records.
Prerequisite(s): 1.0 credit from LAWS 2201, LAWS 2202, LAWS 2301, LAWS 2302, LAWS 2501, LAWS 2502.
Lectures three hours a week.
The Charter of Rights Topics
Selected issues in the Canadian Charter of Rights and Freedoms. The topics of this course may vary from year to year, and are announced in advance of registration.
Prerequisite(s): LAWS 2105 or LAWS 2201 or LAWS 2302 or LAWS 2502.
Lectures and seminars three hours a week.
International Human Rights
The developing international law relating to the protection of human rights. General concepts, rules and institutions. Specific issues include self-determination, aboriginal rights, the refugee problem, and torture. The inherent problems and overall potential of international law.
Prerequisite(s): 1.0 credit from: LAWS 2105, LAWS 2502, LAWS 2601, LAWS 3509.
Lectures three hours a week.
International Organizations
Nature, character, legal status and jurisdiction of intergovernmental international organizations. Rights and duties of states arising from membership in international organizations. Distinction between international and supra-national institutions. United Nations system, selected subsidiary organs, and specialized agencies; non-governmental organizations at times of crisis.
Law of Environmental Quality
Various aspects of environmental law; pollution control, legal actions and remedies; legal foundations for participation in decision-making processes. Social, economic and political forces influencing the formulation and implementation of environmental law. Alternative forms of regulation that may articulate different demands.
Lectures three hours a week.
Law of the Family
Legal framework surrounding the family and family relationships in Canadian society. Topics include marriage and cohabitation, matrimonial support, custody and access, and dissolution of marriage. State interventions through law; law and change in family structures; equality issues; dispute resolution processes.
Precludes additional credit for LAWS 3804 [1.0] (no longer offered).
Prerequisite(s): LAWS 2201, LAWS 2202.
Lectures three hours a week.
Selected Legal Topics
The topics of this course may vary from year to year, and are announced in advance of registration.
Lectures three hours a week.
Selected Legal Topics
The topics of this course may vary from year to year, and are announced in advance of registration.
Lectures three hours a week.
Approaches in Legal Studies II
Advanced approaches to interdisciplinary research and analysis in law and legal studies. Emphasis on the important role of theory. Approaches considered will vary by section, and may include theoretical, quantitative, qualitative, literary, or historical approaches. Honours students are strongly encouraged to take this course in the third year of their program.
Co-operative Work Term
Law, Family and Gender
Relationship between family law and ideology of the family, gender roles and the reproduction of family structures. Social ramifications of family law; potential for family law reform as an agency of social change.
Seminars three hours a week.
Feminist Theories of Law
The literature comprising feminist perspectives on law; theoretical bases of these perspectives; place of feminist theories within other critiques of law; significance of different feminist theories for equality theory and law reform strategies; unique contributions of the various perspectives.
Religion and State in Canada
Legal nature of the interaction of religion and state within an historical framework. Emphasis on Canada after the Charter of Rights and Freedoms and on religious pluralism and resistance to state intervention in religion. Interdisciplinary readings drawn from legal, historical and theological sources.
Modern Legal Theory
Realist and post-realist legal scholarship; emphasis on Canadian, American and British approaches. Topics include the Canadian treatise tradition, American legal realism, empirical approaches to legal problems, the sociological movement in law, critical and Canadian feminist legal scholarship, Marxian theories of law, normative economic theory.
Seminars three hours a week.
Contemporary Justice Theories
Selected major contemporary theories of justice such as those associated with Rawls, Walzer, and Habermas, with emphasis on both their procedural and substantive elements and their concrete ramifications for law, policy and political practice.
Seminars three hours a week.
Controversies in Rights Theory
Selected controversies in rights theories and practices. Illustrative questions may include: Are human rights culturally relative? Can rights be justified after the demise of natural rights philosophy? Do rights undermine "difference"? Do communities benefit from a rights-based culture? Are "rights" forms of governance?.
Prerequisite(s): fourth-year Honours standing.
Seminars three hours a week.
Special Topic in the Philosophy of Law
Detailed study of a special topic in philosophy of law.
Prerequisite(s): eligibility for fourth-year standing in a Law or Philosophy Honours program or permission of either Department.
Seminar two hours a week.
Special Topic in the Philosophy of Law
Detailed study of a special topic in philosophy of law.
Prerequisite(s): eligibility for fourth-year standing in a Law or Philosophy Honours program or permission of either Department.
Seminar two hours a week.
Global Justice Theory
Selected theories of global justice as they pertain to legality, which may include questions such as the justice of military force and just war theory, global social justice and global inequality, sovereignty and cosmopolitan conceptions of justice, demands for global democracy and human rights.
Seminars three hours a week.
Law and Violence
Examination of how law defines, justifies, and addresses individual, collective and state violence: contemporary and historical case studies; theoretical inquiries into the relationship between law, legality and different forms of violence.
Seminar three hours a week.
Law in Modern Society
Sociological and legal theory accounts of the changing role and function of law in modern society with particular reference to advanced capitalist societies. Topics include: the welfare state and the use of regulatory law; juridification and legalization; counter-trends, deregulation, informalism, legal pluralism.
Prerequisite(s): one of LAWS 3101, LAWS 3105, LAWS 3106, or SOCI 3801.
Seminars three hours a week.
International Economic Law
Selected topics in international economic law. May include: the legal regulation of international economic activity; methods of dispute settlement; standardization and development of an autonomous international trade law; and selected conventions and institutions governing international economic law.
Accountability of Management
Role, function, and legal regulation of persons managing business enterprises. Status, social responsibility, fiduciary obligations and rights. Control and accountability of managers, obligations owed to the enterprise unit itself, constitutional rights of members, standards imposed by statutory regulation.
Legal Issues in eCommerce
An examination of selected legal topics relevant to the conduct of electronic commerce. Topics include types of regulation, government support, jurisdiction challenges, contract disputes and consumer protection. Court and alternative dispute resolution policy of Domain Names challenges are also included.
Topics in Business Law
Examination of a selected advanced topic in business law. The topics of this course may vary from year to year and are announced in advance of registration.
Seminars three hours a week.
Regulation of Corporate Crime
Legal, policy and theoretical perspectives on the regulation of corporate crime. Nature and causes of corporate crime. Selected case studies on the role of the state in regulating corporate behaviour. Failure of the criminal justice system to respond to corporate crime.
Drugs, The User and The State
This course explores the state's attempts to control drugs and drug users by exploring different aspects of national and international drug control. The Canadian experience of drug control, viewed from different perspectives, will be explored within a broader socio-legal context.
Policing and Social Surveillance
A wide-ranging theoretical consideration of the emergence and transformation of “policing” activities through an examination of law and changes in social relations, with special attention to the myriad agencies involved in contemporary security provision. Evolving notions of risk, surveillance, the state, and the private-public dichotomy.
Seminars three hours a week.
Criminal Justice Reform
Social transformation and criminal justice reform. Theoretical and practical reasons for the use of criminal law as an instrument of social control. Specific reform initiatives and processes. Alternate responses to social problems.
Seminars three hours a week.
Criminal Law Issues
Selected issues and problems in the area of criminal law. The topics may vary from year to year depending on demand and interest and are announced in advance of registration.
Medical Criminal Law Issues
Legal-medical issues, conflicts and relationships in the field of social control. Topics include mental disorder and criminal liability, diversion of offenders to civil commitment in hospital, insanity, automatism, fitness to stand trial, prediction of dangerousness, regulation of psychoactive drugs.
Sentencing
Theories of sentencing, current sentencing laws and practices, perceptions of sentencing. Data on sentencing practice across Canada. Reforms in other jurisdictions. Critical review of the Canadian Sentencing Commission. Multidisciplinary approach using research and theory in law, criminology, social psychology and sociology.
Seminars three hours a week.
State Security and Dissent
Historical and contemporary analysis of legal responses of Canadian governments to dissent, political opposition, insurrection, etc. Includes trial of political offences (treason, sedition, riot), national security measures (War Measures/Emergencies Act, Official Secrets Act), and other special powers (police, labour, immigration, parliamentary privilege, etc.).
Seminars three hours a week.
Human Rights in Canadian Prisons
Correctional law in the Canadian criminal justice system; competing objectives of punishment and rehabilitation in the context of respect for the rule of law and human rights; protection of human rights of prisoners in Canada and in in international and comparative contexts.
Seminar three hours a week.
Employment Dispute Resolution
Theory and practice of dispute resolution in employment relations; analysis of such techniques as negotiation, grievance and interest arbitration, mediation, investigation and litigation applied to a range of employment disputes such as collective agreements, termination of employment, discrimination, harassment, occupational health and safety,.
Prerequisite(s): fourth-year Honours standing and one of LAWS 3006, LAWS 3401, LAWS 3405.
Seminars three hours a week.
Aboriginal Criminal Justice
Aboriginal peoples and the administration of Canadian criminal justice including policing, courts, corrections and aftercare. Content and effects of past and present policies, processes and laws. Alternatives such as self-government and self-determination; potential approaches to an appropriate justice system for Aboriginal peoples.
Administrative Law and Control
Examination of characteristics and selected problems of control of administrative action. Topics include: varieties of traditional and constitutional, legal and judicial control, impact of the Charter, reforms to administrative law control systems in Canada, and comparisons with developments outside Canada.
Also offered at the graduate level, with different requirements, as PADM 5307, for which additional credit is precluded.
Seminars three hours a week.
Topics in Law, Policy and Government
Examination of a selected advanced topic in the area of law, policy and government. The topics of this course may vary from year to year and are announced in advance of registration.
Transnational Law and Human Rights
Examination of the role of law in addressing human rights issues that transcend traditional categories of domestic and international law; the potential and limits of law in addressing human rights issues; the growth of transnational approaches to law and human rights.
Seminars three hours a week.
Transitional Justice
Legal and ethical responses to human rights violations in the transition to democracy. Topics include: dilemmas of the rule of law; truth and reconciliation; prosecution and punishment; amnesty; retribution and revenge; restorative justice; administrative remedy; reparations. Theoretical arguments about justice in context of country and international case studies.
Seminars three hours a week.
Topics in International Law
Topics vary from year to year and are announced in advance. May include transnational environmental issues; the international law of armed conflict, peacekeeping and neutrality; the law of international treaties and transnational agreements; state responsibility under international law.
International Law of Armed Conflict
UN Charter prohibition of the use of force. Exceptional, permissible uses of armed force. Role of Security Council in determining legality of armed intervention. Collective security, peacemaking, peacekeeping, neutrality, prohibited means of warfare. Humanitarian International Law. The Geneva Red Cross Conventions, war crimes, the role of International Criminal Court.
Immigration and Refugee Law
Immigrants and refugees; demographics; Canadian, international and human rights law and policy. The Canadian Immigration Act. Legal and social problems including entry and removal, family reunion, citizenship, remedies, the rights of clandestine migrants; settlement rights; non-discrimination; asylum; a nation's right to determine membership.
Special Topics in Transnational Law and Human Rights
Examination of a selected advanced topic in the area of transnational law and human rights. The topics of this course may vary from year to year and are announced in advance of registration.
Seminars three hours a week.
Special Topic in Criminal Justice and Social Policy
Examination of a selected topic in criminal justice and social policy. Topics to be announced well in advance of registration each year. This course is part of the Summer School in Criminal Justice and Social Policy and is offered by the Department of Law.
Prerequisite(s): fourth-year Honours standing or permission of the Department.
Special Topic in Criminal Justice and Social Policy
Examination of a selected topic in criminal justice and social policy. Topics to be announced well in advance of registration each year. This course is part of the Summer School in Criminal Justice and Social Policy and is offered by the Department of Sociology and Anthropology.
Prerequisite(s): fourth-year Honours standing or permission of the Department.
Special Topic in Criminal Justice and Social Policy
Examination of a selected topic in criminal justice and social policy. Topics to be announced well in advance of registration each year. This course is part of the Summer School in Criminal Justice and Social Policy and is offered by the School of Social Work.
Prerequisite(s): fourth-year Honours standing or permission of the Department.
Environment and Social Justice
The potential of environmental law to protect the environment and people while promoting opportunities for informed participation in environmental decision making by groups traditionally excluded from these processes; contemporary issues of social justice raised by legal regulation of the environment.
Seminars three hours a week.
Risk and the Legal Process
Application of risk assessment and management in various legal arenas including insurance, liability and tort, litigation management, environmental protection, and sentencing and parole.
Seminars three hours a week.
Criminal Jury Trials
Critical analysis of the criminal jury system including its history and context, the role of the judge, jury dynamics and jury composition. Perspectives and roles of the accused, victims, police, defence counsel, Crown attorney, judges, juries, media, politicians and the public.
Tutorial in Law
Tutorials or reading courses on selected topics in which seminars are not available. Guidelines are posted by the Department.
Tutorial in Law
Tutorials or reading courses on selected topics in which seminars are not available. Guidelines are posted by the Department.
Advanced Legal Topics
The topics of this course may vary from year to year, and are announced in advance of registration.
Advanced Legal Topics
The topics of this course may vary from year to year and are announced well in advance of the period of registration.
Full-Year Service Learning Placement
This course gives students the opportunity to contribute to an organization whose focus relates to law. Participating students must identify a host organization and a faculty member to provide supervision. Students will produce a paper on their placement experience.
Service Learning Placement
This course gives students the opportunity to contribute to an organization whose focus relates to Law. Participating students must identify a host organization and a faculty member to provide supervision. Students will produce a paper on their placement experience.
Honours Paper
Students in the BA (Honours) Law or BA Combined (Honours) Law Program may write an Honours paper during their final year under the supervision of a faculty member of the Department of Law. The Honours Paper is evaluated by both the supervisor and a second reader. Students intending to proceed to graduate studies are encouraged to complete an Honours paper.
Summer session: some of the courses listed in this Calendar are offered during the summer. Hours and scheduling for summer session courses will differ significantly from those reported in the fall/winter Calendar. To determine the scheduling and hours for summer session classes, consult the class schedule at central.carleton.ca
Not all courses listed are offered in a given year. For an up-to-date statement of course offerings for the current session and to determine the term of offering, consult the class schedule at central.carleton.ca