Subsidiarity In Social Work Essay

Friday, October 8, 2021 6:04:23 AM

Subsidiarity In Social Work Essay



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Structure: separation of powers, the role of the courts, the powers of the executive including prerogative powers , devolution to Scotland, Wales and Northern Ireland , the supremacy of European Community Law as it relates to national law, and the European principle of state liability. Questions will not be set on the detail of the legal effect of directives or on the detail of European Institutions.

General principles: constitutional conventions including ministerial accountability , parliamentary sovereignty, the rule of law. Human rights: the structure and effect of the Human Rights Act focusing in particular on its impact on parliamentary sovereignty and the judicial role ; the application of the Human Rights Act Whilst all topics are examinable, not all of the topics in the syllabus are required to be covered in tutorials. Tutors may focus on some parts of the course at the expense of other areas, and may include additional materials on their reading list that are not included on the core list. Familiarity with the structures and underlying principles of the British constitution, and the impact of EU Law on the constitution.

Students taking the BA in Jurisprudence Course 1 and Course 2 take Constitutional Law as one of the three papers for Law Moderations and will in general cover eight topics in tutorials. Students taking the BA in Jurisprudence with Senior Status may choose to take Constitutional Law as an option in the Final Honour School and these students will in general cover seven topics in tutorials. The precise pattern of tutorial teaching varies from college to college. Lectures are given in Michaelmas and Hilary Terms on most aspects of the course. The purpose of this course is to provide an advanced understanding of the constitutional questions of the EU.

We pose the general question whether the law of the European Union can make sense as a coherent order of principles. The subject matter is EU Law as it stands today, in light of the case law of the European Court of Justice and general principles at can be borrowed from domestic constitutional theory or public international law. The readings will constitute mostly of cases of the ECJ and opinions of the Advocate General, combined with some cases from the United Kingdom and suitable readings in law and jurisprudence. We shall also examine the constitutional implications of the Eurozone crisis and its aftermath. The course is concerned with the theory of the nature, authority and legitimacy of constitutions. Topics include the historical origins and development of constitutional concepts; methods of separating the powers of governmental agencies; the ideal of the rule of law; institutional consequences of theories of democracy; the structure and function of legislatures and techniques for limiting their powers; the role of courts in review of legislation and executive action; the structure and operation of executive agencies; the framing and interpretation of written constitutions; the role of citizens and institutions in times of constitutional emergency; the nature and appropriate constitutional protection of basic rights; federalism and the constitutional implications of multiculturalism.

Learning outcomes: an understanding of the theory of the nature, authority and legitimacy of constitutions. This course is the study of constitutionalism in Asia from a comparative and interdisciplinary perspective. It has three features:. First, the course examines a variety of constitutionalism in Asia: liberal e. Second, the course situates Asian constitutions in politics and society. This course explores questions such as: what the constitutions do; how authoritarian constitutions and authoritarian constitutionalism look like in Asia; how and why the constitutions are made and changed; how the constitutions respond to the divided and plural societies; how local citizens participate in constitutional change; how various sectors of the international community involve in constitutional reform in Asia; how political parties and social movements influence constitutional change; how the basic structure doctrine diffuses across the region; and how courts shape and are shaped by state-building and social change; and how constitutionalism in Asia is informed by transnational norms.

Third, the course both sets Asia in general conversations on constitutionalism general comparison and compares constitutional systems within Asia intra-Asia comparison. The syllabus comprises the general principles of the law governing enforceable agreements. It is not concerned with special rules governing specific types of contracts, such as sale, carriage or employment, except where these are significant for the general principles. The principal topics normally discussed are: a the rules relating to the formation of agreements and to certain further requirements which must be satisfied to make agreements legally enforceable; b the contents of a contract and the rules governing the validity of terms which exclude or restrict liability and unfair terms in consumer contracts; c the nature and effects in a contractual context of mistake, misrepresentation, duress and undue influence; d the general principle that right and duties arising under a contract can only be enforced by and against the parties to it and its main exceptions; e performance and breach, including the right to terminate for failure in performance and the effects of wrongful repudiation; f supervening events as a ground of discharge under the doctrine of frustration; g remedies for breach of contract by way of damages, action for the agreed sum, specific performance and injunction.

Contract is one of the compulsory standard subjects within the Final Honour School syllabus. Particular areas are also explored in lectures. Candidates will be required to show a knowledge of such parts of the law of restitution as are directly relevant to the law of contract. Questions may be set in this paper requiring knowledge of the law of tort. The teaching is based on the assumption that questions will not be asked on contracts that are illegal or contrary to public policy or on gaming and wagering contracts; and that detailed knowledge will not be expected of formal requirements, agency, assignment or contractual capacity. It is commonplace to say that we live in an age in which expressive, informational and technological subject matter are becoming increasingly important.

Intellectual property is the primary means by which the law seeks to regulate such subject matter. It aims to promote innovation and creativity, and in doing so to support solutions to global environmental and health problems, as well as freedom of expression and democracy. It also seeks to stimulate economic growth and competition, accounting for its centrality to EU Internal Market and international trade and development policies. And it is of enormous and increasing importance to business. In Copyright, Patents and Allied Rights we introduce two of the central intellectual property regimes.

We ask why we have these regimes and how they operate at a national and European level. The course should have broad appeal, including for those interested in the arts and entertainment industries, technology, research and development, unfair competition, medical law and ethics, European harmonisation, and science and technology. Learning outcomes: an understanding of intellectual property law with specific reference to copyright and patents, and of various applications of this area of law. Intellectual property is the field of law which protects valuable intangibles. It does so by recognizing property rights in cultural, innovative and informational subject matter.

As we enter the Fourth Industrial Revolution, intellectual property rights are increasingly valuable. In Copyright, Trade Marks and Allied Rights we introduce two of the central intellectual property regimes. Some of the more challenging issues presently being debated are whether artificial intelligence algorithms which produce paintings or write poems ought to be recognised as authors and whether platforms such as YouTube should be responsible for the infringing uploads of their users. Trade mark law protects signs that indicate the commercial origin of goods and services such as the Apple logo.

However these marks also form the basis for valuable and evocative brands. Granting legal protection to this brand image dimension might insulate the trade mark owner against competition and prevent legitimate critiques, so where should the line be drawn? For each of these regimes, this course outlines protected subject matter of protection, relevant legal institutions such as registration systems , the suite of rights available and exceptions to those rights. The primary focus is UK law, as it is shaped by its European and international context. This compulsory course taught in Michaelmas Term seeks to develop understanding of the organizing categories and central claims of a range of modern criminological perspectives of crime and social control.

It equips students to recognize the main problems, questions, dichotomies and ideas that have shaped modern criminological thought, and to understand the nature of 'theory' and 'explanation' within criminology. Throughout attention is paid to the contexts that shape the emergence and reception of modern criminological theory and to the modes of social intervention that different criminological perspectives expressly or implicitly propose.

This compulsory course taught in Hilary term aims to explore a limited number of key issues in criminal justice. The seminars address critical issues confronting the criminal justice systems of most western nations. Seminars generally begin with a brief presentation on the subject and then open up for general discussion of key questions that are provided in this course outline. The focus is on criminal justice in England and Wales, but the readings also encompass issues and findings from other jurisdictions. How can social scientists be sure that the data used in research are valid and reliable? This course is focused on the challenges and the opportunities that different methods of data collection have for validity and reliability of data.

The scientific method, theory testing and research design will also be discussed. This option will provide students with a knowledge base from which to choose appropriate ways to collect valid and reliable data given a particular research question. It will also help students assess the weight that can be placed on the findings of published research in the field of criminology.

These weekly ninety-minute classes are compulsory for all students. Students are expected to come prepared to contribute to each class. This course runs through weeks of Trinity term but organisation will start in Hilary Term when we will meet to assign students their roles so that planning can begin in good time. At this meeting, five students will have the opportunity to volunteer to host the seminars. These students will be expected to consult with the MSc cohort for ideas on topics or themes to be covered in the seminars and possible speakers, so that the seminar series reflects the interests of the wider group. Once the speakers have been approved by the Convenor, the hosts will invite the speakers and liaise with them in advance of the TT seminars, and then host the seminars all under the guidance of the Convenor.

During the seminars in Trinity Term, 3 students will act as respondents at the end of the presentation, giving brief 5 minute responses to the paper, before opening the floor to questions, and one further student will write a short piece on the presentation for the Centre blog. During Week 6, the cohort will work together to organise a two-day conference at which each MSc student will make a short presentation on their dissertation topic work in progress , and other students will be expected to ask questions and make helpful comments.

The presenters will also receive feedback on their communication and presentation skills from the convenor. The course analyses policy and legal issues revolving around corporate control, taking into account the latest developments technological and other. It includes a theoretical analysis of the issues as well as illustrations of solutions found in major jurisdictions. The course first looks into the relevance of ownership structures and control in public corporations, the empirical evidence on the various forms of control and the implications for corporate governance and societal welfare of having a prevalence of listed companies with dispersed ownership as opposed to companies with controlling shareholders.

It then examines the various actions and transactions that can be used to replace corporate controllers, with or without their consent. The limited company is a hugely popular business vehicle, and the primary reason for this is its ability to act as a successful vehicle for raising business finance and diversifying financial risk. All companies need to raise money in order to function successfully.

It is these "money matters" which are at the heart of corporate law, and an understanding of the ways in which companies can raise money, and the manner in which their money-raising activities are regulated, is central to an understanding of how companies function. The aims of the course are a to explain the complex statutory provisions governing the issue and marketing of corporate securities, against the background of business transactions; b to explore the fundamental legal propositions around which corporate finance transactions are usually organised and c to examine the means by which money is raised by borrowing and quasi-debt and different methods of securing debt obligations.

Technical issues will therefore be placed in their economic and business context. There is a strong emphasis on the policy issues underlying the legal rules. The course focuses on the forms of corporate finance and on the structure and regulation of capital markets. The course also examines the attributes of the main types of securities issued by companies and the legal doctrines which are designed to resolve the conflicts of interests between shareholders and creditors.

Consideration is given to the EU directives affecting the financial markets, especially the manner in which they have been implemented into English law. Many of the issues arising are of international importance and the course examines the harmonisation of these matters within the EU. This course will be of interest to any student wishing to develop a knowledge of corporate law, as well as to those who are corporate finance specialists.

No prior knowledge of the subject is required, nor is it necessary to have studied company law, though this will be of significant advantage. Those with no knowledge of company law will need to do some additional background reading prior to the start of seminars, and advice can be given on this issue. Learning outcomes: an understanding of the means by which companies raise money and the laws which govern those activities. The insolvency of a company gives rise to a number of fascinating questions. Why are formal state-supplied procedures needed for the treatment of distressed companies? When should such procedures be triggered, and for whose benefit should they be conducted? To what extent should they be geared towards the rescue of the company or its business?

What rights should those to whom the company is indebted - its creditors - have over the conduct of the proceedings? In what order of priority should their claims be paid? How should the managers of the distressed company be dealt with, in and outside of formal insolvency proceedings? In this course, students explore these questions in three ways: first, by reading and evaluating theoretical and empirical literature on the purpose and design of corporate insolvency laws in general; second, by a close study of the formal insolvency and restructuring procedures available under English law, considering their operation in both purely domestic cases and in those with one or more cross-border elements; third, by exploring some of the core features of the insolvency laws of other jurisdictions, with a view to evaluating the procedures available under English law from a comparative and functional perspective.

Many students taking the course intend to embark upon or continue a career in corporate or commercial law, where an advanced understanding of English corporate insolvency law on which the insolvency laws of many other jurisdictions are modeled is particularly valuable. However the course has also proven to be of interest to students who are interested more generally in understanding the purposes of mandatory corporate law rules, and their impact on the cost and availability of finance. No prior knowledge of corporate insolvency law is required, nor is it necessary to have studied company law, though the latter is of some advantage.

Are multi-national companies escaping taxation through artificial tax planning, transfer mis-pricing and profit shifting? Where should they be paying tax and on what basis? Should we abolish corporation tax altogether and find some other way to tax business? Recent action by the G20, OECD, and EU, prompted by debates in the media, by politicians and pressure groups, illustrates that tax is not just a technical area. It raises ethical, political, constitutional and economic questions of fundamental importance. But it is also an area where lack of understanding of the underlying law can result in distorted policy discussions. This course looks at both the law and the policy aspects of taxation and brings them together to create a more complete understanding of both.

Tax law is central to all businesses and of significance to many business transactions. It is also critical for public finance. The course focuses on the taxation of domestic and multi-national businesses and integrates a rigorous examination of the law with the economic and other questions underpinning and arising from it. It uses UK tax law as a starting point and for case studies leading to comparative and theoretical discussions. The course is thus suitable both for those with an interest in these broad questions as well as those wishing to specialise in and become tax or corporate law practitioners. This is a law course so no maths is needed- no calculations!

It is designed to accommodate students from a variety of backgrounds and jurisdictions, whether or not they have studied tax before. Students with knowledge of taxation in the UK or other jurisdictions are encouraged to introduce material into seminars upon which we build, but others will bring other perspectives. No prior study of tax law, company law or economics is required..

Students will need to read many types of material and consider how policy issues and technical law interact. UK tax law is statute based, so legislation must be studied, and also case law. Readings from public finance and accounting literature will be recommended on some topics: these will be accessible without specialist knowledge. In the intention is to provide a pack of legislative materials so there will be no need to buy legislation books.

The syllabus is wide and the subject fast moving, so the precise focus may vary from year to year. The examination format allows students to focus on areas and approaches that interest them, although the entire course must be studied to gain a complete overview and understanding. The teaching consists of seminars spread over Michaelmas and Hilary terms with one or two in Trinity.

Some will include presentations from teachers and others will be more participatory, with notice given so that all can take part. Guest lectures will be given by distinguished practitioners and academics. Most materials are available electronically. Background reading is recommended see introductory list on Weblearn and more detailed lists will be posted on Weblearn as the course proceeds. There are four tutorials given by the three course lecturers - one in MT and three later in the year. Written work is set and marked for each tutorial. Managers of firms have many responsibilities. A critical one is to ensure that the firm makes appropriate investment and financial decisions.

This course focuses on how to make good decisions. While this course will focus to some extent on the mechanics of corporate valuation, the main area of focus is how to create and destroy corporate value. One of the core objectives of this elective is to demonstrate that valuation is not a precise science, and that the strategic fit and successful integration of projects is as important as the calculation and analysis of a number of variables. Corporate valuation incorporates several guest lectures from practitioners and hosts guest speakers from consulting firms, commercial banks, investment banks and funds.

The aim of this course is to explore the relationship between crime and one of the major institutions in society, the family. Through the analysis of empirical research and theoretical debate the course will provide a systematic examination of some of the intersections between the family and crime and punishment. The aim will be to interrogate common-sense understandings of the relationship between crime and the family and to explore just who is affected by crime and how they are affected, whether as primary or secondary victims of crime, or as parents, children, spouses or other kin of offenders.

The relationship between the family and the state and the ways in which the state intervenes into family life take particular shape around the problem of crime. We will explore how the family is constructed in both formal policy responses to crime and informal responses such as stigmatization and shaming. The course will consider the role of the family in criminological theory and in criminal justice policy and aim to unravel some of the complexities, tensions and implications inherent in contemporary constructions of the family and family life in these contexts.

Immigration and its control are highly charged topics in contemporary policy and politics. As those within the burgeoning field of border criminology observe, traditional distinctions between criminal law and immigration law are eroding. Institutions like the police and the prison, previously bound to the nation state, these days extend well beyond its borders. As more foreigners end up in prison and as states pursue more vigorously additional forms of confinement in immigration detention alongside deportation, the distinct justifications of punishment and administrative penalties blur.

At the same time, controlling migration and mobility has become a key tool of security and counterterrorism policies. This course will examine such matters. Students who take this course will gain an understanding of the shifting nature of criminal justice under conditions of mass mobility. They will also piece together the connections between migration control, race and gender, and will explore the methodological implications and challenges of this emerging field of research. This course adopts a comparative and normative approach to human rights, criminal justice and security.

After beginning with a general look at the themes of national security, rights balancing and exceptionalism theory, the course examines a number of discrete topics in terms of the theoretical underpinnings of the particular right, the reasoning adopted by the courts, and the implications for criminal justice and security policy. Learning outcomes: an understanding of human rights issues in the context of the criminal justice system and the pursuit of national security. The course deals with the following: i General principles of criminal liability: actus reus and mens rea, omissions, causation, negligence, strict liability, complicity and inchoate offences.

The subject requires attention to cases and statutes, and is an important bridge to subjects studied for the Final Honour School, in particular the opportunity it provides to study problem questions. It is hoped that students will find it interesting for its intellectual challenge, as well as for the colourful material. The subject comprises the following topics: 1. General principles of criminal liability: actus reus including liability for omissions ; mens rea including different kinds of fault, such as intention, negligence, strict liability ; causation.

General defences to criminal liability. Questions will not be set on sections 4 or 5 of the Criminal Law Act assisting offenders after the fact and compounding offences. Liability for the inchoate offences of statutory conspiracy, attempt and the offences created by sections 44, 45 and 46 of the Serious Crime Act Liability for the following kinds of homicide: murder; manslaughter excluding corporate manslaughter. No question will be set requiring knowledge of infanticide or of encouraging or assisting suicide. Liability for the offences created by sections 1, 2 and 3 of the Sexual Offences Act Candidates will be expected to know of the existence of the other offences created by that Act. Liability for the following offences: common assault and common battery; the offences created by the following sections of the Offences Against the Person Act 16, 18, 20, 23, 24, Liability for the following offences: the offences created by the Criminal Damage Act sections ; the offences created by the Theft Act , sections 1, 8 and 9; and the offences created by the Fraud Act , sections Candidates will be expected to know of the existence of the offences created by sections 12, 21, 22 and 25 of the Theft Act and section 3 of the Theft Act Examiners may set questions on all the topics listed above.

In every case, candidates are expected to have knowledge of the statutory provisions and case law relevant to the interpretation of the examinable offences. A general understanding of the principles and theory of criminal law and a specific knowledge of criminal liability for the offences listed above. An ability to demonstrate this knowledge in both essays and problem questions.

The course is not available for those who have taken the subject in Law Moderations and is intended for those who have transferred to Law after Mods, and for senior status students. The syllabus is the same as for the Law Moderations course , but only covers topics 1 - 7 it does not include topic 8. The paper in the Final Honour School is examined separately, and is intended to be more challenging. The following matters are examinable. In every case, candidates are expected to have knowledge of other statutory provisions which are relevant to the interpretation of examinable offences. Liability as a party to a crime, including participation as a principal and secondary participation including "joint enterprise". Liability for the following kinds of homicide: murder; manslaughter excluding corporate manslaughter ; the offence created by the Suicide Act , s.

Learning outcomes: an understanding of the criminal law of England and Wales including criminal liability, general defences, offences against property and economic interests. Why are criminal laws made? Why are they broken? How do we, and how should we, react to the breaking of criminal laws? These three questions are the stuff of criminology. They also occupy a central and controversial place in public and political debates about the condition and future of contemporary liberal democratic societies. This course provides students with the chance to study them in depth. Criminology and Criminal Justice offers students an opportunity to study crime and the ways in which it is dealt with by the criminal justice and penal systems.

It enables students to explore the nature of crime and its control by examining the issues at stake using the resources of legal, penal and social theory. It also offers students the chance to think about crime as a social phenomenon and to explore using criminological research and analysis how criminal justice and penal systems operate in practice. The course is structured as follows: 18 lectures; four classes and four tutorials. Reading lists and handouts are available via the link in the left menu bar or here. Lectures, classes and tutorials are provided by several academics from the Law Faculty who are also members of the Centre for Criminology.

The Current Issues in Taxation course will explore issues of topical importance in the field of taxation. The content will vary from year-to-year, and the course will be taught primarily by visiting lecturers, with contributions from Oxford-based academics. Tax law is at a crossroads. Dramatic changes over the past years on the national, regional, and global levels have yielded substantial challenges for tax law and policy. These changes have brought to the forefront big questions on the normative and practical levels, domestically and internationally.

Classic dilemmas of increasing welfare versus re distributing it have intensified, while new dilemmas of membership in democratic societies, tax competition, and international cooperation have emerged. In this course we will go back to some of the most influential articles, books, reports and cases on various aspects of tax law and policy e. We will read these classics with a critical eye, evaluate their contributions, confront them with their critics, and examine their relevance to contemporary times and the issues currently at stake. The course will employ a variety of normative considerations — justice, efficiency, personhood and democratic participation — and will engage with methods and concepts that often inform other areas of law as well as other disciplines, but no prior knowledge of any of the above is required.

This course provides students with a good understanding of the scope and practice of capital punishment and the movement - backed by international organizations and human rights treaties - to abolish the death penalty worldwide. Students will learn about the extent to which defendants in capital cases are protected by due process and have access to qualified defence counsel, and where they lack protection from police abuse, unfair trials, and painful forms of execution. They will explore what happens when due process safeguards fail, and innocent people are convicted and sentenced to death.

Further, they will consider whether capital punishment can ever be administered equitably, without discrimination on grounds of race, geography, gender or other non-legal variables. Throughout this course students will draw on recent and controversial cases and decisions, as well as the social scientific literature. The dissertation must be written in English. It must not exceed 12, words which includes notes, but which does not include tables of cases or other legal sources. The subject must be approved by the Graduate Studies Committee. The Committee will take account of the subject matter and the availability of appropriate supervision. Candidates must submit the proposed title and description of the dissertation in not more than words, not later than Monday, Week Minus Two of Michaelmas Term to the Academic Administrator Paul Burns.

You should be aware that the demand for supervision for such dissertations may exceed the supply, especially from particular Faculty members, and where this is the case a potential supervisor may elect to supervise only those dissertations which he or she judges most promising. Although in principle the option of offering a dissertation is open to all BCL, MJur and MLF students, therefore, in practice it is possible that some students who wish to offer a dissertation will be unable to do so, as a suitable supervisor with spare capacity cannot be found. It must arrive not later than noon on the Friday of fifth week of the Trinity Full Term in which the examination is to be taken.

But any part of the dissertation which you have previously submitted or intend to submit in connection with any other degree must be excluded from consideration by the BCL, MJur and MLF Examiners. BCL students may offer a dissertation which does not fall into the field of any BCL course, if a suitable supervisor within the Faculty can be found. Candidates for the MJur will not normally be given approval to do a dissertation on a subject which falls within List I those subjects which entail an advanced knowledge of the common law. Where a student can show evidence that he or she is capable of a long dissertation of 12, words and wishes to submit such a long dissertation, this may replace two of the electives, subject to agreement on a topic by an MSc in Taxation course director which will depend on an assessment of the student's capacity to produce a long piece of written work and whether a suitable topic and supervisor can be found.

A course director must be satisfied that the dissertation topic is of sufficient scope and depth to be appropriate to replace two courses. The director shall make the decision in consultation with the other directors. The long dissertation may cover material not covered expressly by any other course on the programme or may build on material covered in another course within the programme provided it has the necessary element of originality, analysis and independent research. A teacher on the MSc in Taxation must have the suitable knowledge to supervise the dissertation before it can be accepted as an appropriate topic.

The topic must, however, be sufficiently different from that chosen for the Tax Research Round Table extended essay to avoid overlap and unfair reduction of burden. It may not be a dissertation, or part of a dissertation, that has been or is being submitted for any other degree in Oxford or elsewhere. The demand for supervision for such dissertations may exceed the supply, especially from particular Faculty members, and where this is the case, a potential supervisor may elect to supervise only those dissertations which he or she judges most promising. Although in principle the option of offering a dissertation is open to all Taxation students, therefore, in practice, it is possible that some students who wish to offer a dissertation will be unable to do so, as a suitable supervisor with spare capacity cannot be found.

Employment law is the body of law that governs the relationship between working people and their employers. At any given time, around three-quarters of adults in the UK are in work, so labour law affects a huge number of people for a significant period of their lives. The course covers the rights and responsibilities of working people and employers at all stages during the relationship, including hiring and firing, and everything that happens in between. We consider topics such as the role of equality law in the workplace in tackling discrimination, entitlement to the National Minimum Wage, and the regulation of working hours.

Labour law manages to be both a highly useful subject and an intellectually stimulating one. There are plenty of opportunities to use your knowledge in practice as a solicitor or barrister, or just to be aware of your own rights at work. But the subject also throws up big questions about dignity, rights, justice and fairness, as well as about how to build a thriving economy. Political parties on the right or left generally have quite different ideas about what labour law should look like, so the subject should be of considerable interest to anyone who is concerned with the interaction between law, politics and society. The course takes a thematic approach: you are not expected to acquire a detailed knowledge of the whole of this relatively large and complex field, but to be able to pick out the central themes, and integrate them into the wider social and theoretical context.

The subject is taught by means of a programme of seminars in Michaelmas and Hilary Terms, and by tutorials which are co-ordinated with them. We cover four topics in Michaelmas and three in Hilary, and there is an introductory session at the start of Michaelmas. For each of the seven topics, we will provide a two-hour seminar introducing the material, with ample opportunity for you to ask questions and take part in discussion.

There will be a total of four tutorials for the course, allowing you to focus on issues of particular interest to you and to explore the way in which different parts of the course fit together. Learning outcomes: an understanding of the central themes of labour law, including individual and collective topics, and the associated social and political context. The Entrepreneurial Finance elective aims to help future executives, facing financing and investment decisions in a broad range of entrepreneurial environments, to make better decisions and achieve better outcomes.

The course covers all stages of the financing process from initial financial planning to harvesting value. While the course will inevitably involve looking at a number of technology driven businesses the emphasis is on gaining insights into the entrepreneurial financing process rather than looking at the financing of technology businesses per se. Entrepreneurial environments considered will include not just young, growing, independent businesses but also those around the buy-outs and spin-outs of units from more established businesses as well as entrepreneurial joint ventures that are established with a view to their becoming independently viable entrepreneurial businesses in their own right.

One of the eight sessions will also be devoted to looking at the venture capital industry with a view to providing candidates with a broad understanding of current developments in this area and the likely future impact on the range of financing options and alternatives available from these sources going forward. The course is designed to focus on the numbers and analytic techniques for gaining insight, although continual attention will also be paid to the incentives facing each of the parties in the financing process.

The course will be highly relevant for future executives who may be involved in an entrepreneurial venture at some point in their careers, whether in a turnaround, a management buy-out, a young company or a start-up. The course will also be highly applicable for future private equity and venture capital decision makers. This course is an introduction to the subject of environmental law and covers the main areas of substantive UK with the focus on England and — as far as applicable - EU environmental law. Environmental law is concerned with the law relating to the protection of the environment and includes areas such as planning law, pollution control law, nature conservation, environmental impact assessment as well as waste law which have been significantly shaped in the past also by EU law, such as the provisions on the free movement of goods.

Environmental law therefore builds on the core subjects of Administrative Law and EU law. It also applies legal concepts from other areas such as criminal law and tort law. The course will take into consideration the socio-political context in which environmental law operates and it will explore the innovative, complex and ever expanding case law and legislation on the subject. A major theme of the course is an exploration of the type of challenges that environmental problems provide for law and legal reasoning.

In the last decade environmental law has given rise to difficult legal questions including:. Learning Outcomes : knowledge of the substantive legal aspects of environmental law in the UK; understanding of the complexity of environmental problems and how that complexity affects the application of the law; knowledge of how environmental law relates to core legal areas, particularly administrative law and EU law where relevant.

In the light of Brexit the course will provide a really interesting opportunity to think about the direction that environmental law in the UK may and can take in the future. The Ethical Issues in Tax Practice course focuses on some of the ethical issues that arise for those involved in the tax world, whether as tax advisors, in-house tax counsel, tax officials, or tax policy makers. The emphasis is on the classroom discussion of several scenarios that raise ethical issues. Guests are invited to the class to speak on related issues, including corporate social responsibility, and on the limits of acceptable tax avoidance.

It is an opportunity for tax professionals or potential tax professionals to work through and think through some of the potential ethical issues they will face or may already have faced in practice. This part will focus on landmark cases and several case studies which illustrate the impact of EU law on national tax systems, including exit taxation and anti-avoidance cases. This part will offer an overview of fundamental features of the EU fiscal state aid regime, its impact on tax rulings by EU Member States and an in-depth inquiry into the Apple case. This course examines the legal basis of the "level playing field" of the internal market of the European Union, covering the law of free movement across borders goods, establishment and services , as well as competence to regulate the internal market, with special reference to the function of harmonisation of laws.

Learning outcomes: to enable students to acquire knowledge and understanding of the law in relation to the above subject matter, and to be able to discuss critically at an advanced level the legal and policy issues arising therefrom - including in particular the relationship between the judicial and the legislative contributions to the making of the EU's internal market. The so-called Europeanisation of private law has two dimensions. The other is of a scholarly nature and relates to various academic proposals for common European rules and principles in the area of private law based on comparative research: the European Group on Tort Law and the Study Group on a European Civil Code have both independently from another introduced proposals for restatements of European tort law.

The law of the European Union is based largely on the Treaty on European Union and the Treaty on the functioning of the European Union, and legislation made under the Treaties by the Council, the Parliament, and the Commission. The case law of the European Courts is of considerable importance and looms large in the study of EU law. EU law takes immediate effect in English Law, and is enforceable by English courts. EU law raises issues of intrinsic theoretical interest, and considerable practical importance. No linguistic expertise is necessary, since EU legislation and case law are published in all official EU languages, including English.

The Oxford course deals with: i the institutions of the EU, including the jurisdiction of the Court of Justice and General Court; ii the essential features of the EU law, and its incorporation into national law; iii the principle of free movement of persons and services within the EU; and iv the rules governing the free movement of goods within the EU. Study of the institutions entails consideration of the majority voting rules used by the Council in making EU legislation, and examination of the roles of the Commission and European Parliament in decision-making. Emphasis is placed on the scope of the law-making competence of the institutions, in particular as regards the internal market, and on the principle of subsidiarity, which is intended to act as a brake on the exercise of such competence.

Most of the course, however, is concerned with the nature and operation of rules of EU law rather than with institutional matters. It has jurisdiction, e. Such matters receive detailed treatment in the course. The free movement of persons aspect of the course presents a combination of social and commercial law. The rights of EU employed and self-employed persons to free movement and non-discrimination graphically illustrate the significance of the EU legal system for such persons, while at the same time being of considerable significance to commercial undertakings and their advisors. General principles applicable to mutual recognition of qualifications are covered, as are the Directives on establishment and service provision by lawyers.

The syllabus also includes study of EU rules on the free movement of goods. These have been given wide-ranging effect by the European Court and have given rise to considerable litigation in English courts, which have made many references to the European Court. Key issues are examined within their historical, social, economic, and theoretical context. For example, what is the purpose of the consanguinity restrictions on marriage and should those have been extended to civil partnership?

What does it mean to say a child is a rights-holder? Should the courts and Parliament care that these people think that legal benefits and obligations exist when they do not? The syllabus lists the precise topics covered. Our focus is on the substantive law, though an awareness of the family justice system in practice adds an important additional perspective to key debates. We currently examine through essay questions only so as to enable students the opportunity to devote sufficient attention to the interplay between law and the larger social and policy issues that are critical to an in-depth understanding of the Family Law field. Family law is inter-disciplinary in terms of the range of materials students are expected to read and the nature of the arguments and debates with which students are expected to engage.

This includes working with social science research, government publications, and non-government public and social policy materials. Family law involves an examination of statutory law, which is more extensive than in many other subjects. Property law and trusts law are relevant to discussing the legal position of relationships outside of marriage and civil partnership. Students may find the background from having studied these as part of their core Land Law and Trusts courses useful, though the Family Law perspective is distinctive. Underlying conceptual ideas and a little substantive detail covered in Contract Law are also relevant to private ordering and adult intimate relationships more generally.

Discussion of contentious issues in parenthood and disputes over who should raise and see children when interested adults do not live together residence and contact disputes includes children born as a result of fertility treatment, which is discussed from a different perspective as part of the Medical Law and Ethics course. Examination of the legal approach to child protection includes limited discussion of public authority liability in negligence, as explored in Tort Law. Students on the Finance course study the financing, valuation and governance of firms. This course is very similar to courses of the same name that are taught on the MBA, but tweaked slightly to ensure they are particularly relevant for MLF students.

Debt and dividend policy Relevance of different financial institutions to the financing of firms Corporate restructurings Financial distress. This class builds the conceptual foundation required for the economic analysis of corporate financial policy, competitive asset markets and the regulation of both corporations and financial markets. The course's lectures will focus on: rationality, the Coase Theorem, property rights, competitive markets, the market for risk, market failures, asymmetries of information, and aggregation of information.

This option studies the history of the judicial system and sources of English law and of the principal features of the branches of law that are today known as tort, contract, land law, and trusts. The course is taught using a selection of primary sources in translation where necessary and of academic literature. The timespan covered varies with the particular topics, but is roughly between the thirteenth and the nineteenth century. This period, of course, contains a large number of separable issues, and the course is designed so that individuals can follow to some extent their own preferences, both amongst and within the major heads of study. The examination paper contains an above average number of questions, currently 12 , which reflects this flexibility.

The treatment of the subject is primarily legal, though the political, social and economic constituents in the story are referred to whenever this assists our perception of specifically legal ideas. The teaching presumes a familiarity with the notions of property, tort and contract law and is virtually exclusively taught as a final year option. The legal history does not serve as an introduction to the modern law; if anything, the converse is the case. It is in this sense an advanced course; the feedback to the modern law is conceptual or theoretical, though a study of the history may occasionally illuminate a modern problem. There is, however, absolutely no need to have studied any other kind of English history, nor is familiarity with foreign languages necessary since the course is designed around translated materials.

Learning outcomes: an understanding of the origins of English law and the judicial system and a more specialised knowledge of developments in English law during the period between the thirteenth and nineteenth century, including an understanding of relevant social, political and economic contexts. This course examines how the idea of human rights guides, constitutes, and regulates the legal rules and standards governing employment and work.

This examination of the foundation of labour law in human rights is intended to consider the need to guarantee basic protections for workers against the pressures arising from various aspects of globalisation. The course also critically examines the various mechanisms for protecting these rights, which range from judicial enforcement of directly enforceable rights, through international conventions, to self-regulation through corporate codes of conduct. It was a scandal in the colonies that a number of white people chose to live among Indian people while virtually no Indians voluntarily chose to live among the colonists.

According to J. Hector St. Native societies were also a dangerous example to white women who wished to live free of patriarchy. After all, they now had to worry about their prized possession being happier with savage Indians than with them. As many as nine million people were killed during the witchhunts; over 90 percent of them women. It was not possible for these violent, women-hating societies, transplanted to the Americas, to exist side-by-side with egalitarian Native societies. As the letters above demonstrate, European men could not easily have kept their own women subjugated without subjugating the women of indigenous nations as well.

White women would have had little incentive to stay in their communities when they could live among the Natives and receive better treatment. Nevertheless, the constant depiction of Native men as savages prevented white women from seeing that the real enemy was not Native people, but the patriarchy of their own culture. Even in war, European women were often surprised to find that they went unmolested by their Indian captors. The same could not be said of white men, who raped Native women at epidemic rates. Between and , California spent over one million dollars hiring soldiers to exterminate Natives.

In one typical expedition, a group of invading soldiers demanded that all the young women be given to them for sexual service. When they discovered that the young women had already managed to escape, the soldiers raped the old women instead. Other accounts of colonial sexual abuse include the following:. When I was in the boat I captured a beautiful Carib woman. I conceived desire to take pleasure. I took a rope and thrashed her well, for which she raised such unheard screams that you would not have believed your ears. Finally we came to an agreement in such a manner that I can tell you that she seemed to have been brought up in a school of harlots.

Two of the best looking of the squaws were lying in such a position, and from the appearance of the genital organs and of their wounds, there can be no doubt that they were first ravished and then shot dead. Nearly all of the dead were mutilated. One woman, big with child, rushed into the church, clasping the alter and crying for mercy for herself and unborn babe. She was followed, and fell pierced with a dozen lances. The Christians attacked them with buffets and beatings.

Then they behaved with such temerity and shamelessness that the most powerful ruler of the island had to see his own wife raped by a Christian officer. I also heard of numerous instances in which men had cut out the private parts of females, and stretched them over their saddle-bows and some of them over their hats. The attitudes on display in the examples above have changed very little over the centuries. In the Indian boarding schools of the nineteenth and twentieth centuries, founded by the US government to prevent Indian women from passing on their language and culture to their children, physical and sexual abuse was rampant. Irene Mack Pyawasit recalls her days as a boarding school resident from the Menominee reservation:.

The government employees that they put into the schools had families but still there were an awful lot of Indian girls turning up pregnant. Then, because she came up pregnant, she would be sent home in disgrace. Some boy would be blamed for it, never the government employee. He was always scot-free. And no matter what the girl said, she was never believed.

The high rates of alcoholism, violence, and suicide in Indian communities today can, in large part, be traced to the brutality of Indian boarding schools. Although the boarding schools have been a positive experience for some, they have also introduced violent, self-destructive behaviors into Native society. Recently, the International Human Rights Association of American Minorities has issued a report which documents the involvement of mainline churches and the federal government in the murder of over 50, Native children through the Canadian residential school system.

The list of offenses committed by church officials include murder by beating, poisoning, hanging, starvation, strangulation, and medical experimentation. Torture was used to punish children for speaking Aboriginal languages. Children were involuntarily sterilized. In addition, the report found that church clergy, police, and business and government officials were involved in maintaining pedophile rings using children from residential schools.

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