Department of Law
Loeb Building C473
Telephone: 788-3690
Fax: 788-4467
The Department
Chair of the Department: T.B. Dawson
Supervisor of Graduate Studies: J.B. Wright
The Department of Law offers a program of advanced study and research
leading to a Master of Arts degree in Legal Studies. The program
is open to full-time and part-time students.
The M.A. program provides an interdisciplinary, theoretical, and
research-oriented approach to studying law as a social and political
institution, with emphasis on the relationship between law and
social transformation. The plan of studies includes a range of
fields linked by a common theoretical and methodological concern
with the way law shapes and is shaped by its social environment.
The program is designed to develop the conceptual and analytical
skills required for conducting independent research on law and
society.
Within this context, students will focus on one or more of the
following areas of specialization:
- Legal Theory and Social Theory
- Law, Crime and Social Order
- Women, Law and Gender Relations
- Political Economy of Law
- International and Comparative Legal Regimes
- Social History of Law
The location of the M.A. program in Legal Studies at Carleton
provides students with a wealth of resources for research purposes.
As well as the resources of the MacOdrum Library, students will
have access to extensive Canadian and international research material
through the Social Science Data Archives located at Carleton.
The Library of the Supreme Court of Canada, the National Library,
the National Archives, the Library of Parliament, Statistics Canada,
and the Centre for Justice Statistics are all located in Ottawa.
Ottawa houses many federal government departments and agencies,
and the national headquarters of non-governmental organizations
such as the Elizabeth Fry Society, the John Howard Society, and
the National Association of Women and Law. Many government departments
and non-governmental organizations maintain specialized libraries,
and offer access to documents and other research materials.
Qualifying -Year Program
Applicants with exceptional promise who have less than honours
B.A. status may be admitted into a qualifying-year program designed
to raise their standing to honours status. To be considered for
admission into the master's program, students must obtain at least
a high honours average in their qualifying-year courses.
Master of Arts
Admission Requirements
The requirement for admission into the M.A. program in Legal Studies
is an honours bachelor's degree or the equivalent, with at least
high honours standing.
Applicants will be considered for admission on the basis of their
academic background and standing. Where relevant, previous professional
experience may be taken into account.
Applicants without a background in law may be required to complete
one or more designated courses, including 51.397*, Legal Research
Methods, from the Department's undergraduate program before taking
courses towards the master's degree.
The deadlines for submitting applications for graduate studies
in the Legal Studies program are as follows: February 15 for students
seeking financial assistance; July 1 for students not seeking
financial assistance; November 1 for students who are seeking
admission in January.
Program Requirements
In consultation with the supervisor of graduate studies, each
candidate is required to complete the following program of studies:
- three full courses or the equivalent (3.0 credits); and
- a thesis (2.0 credits) and an oral examination.
All students are required to take 51.500: Theories of Law and
Social Transformation; and Law 51.501: Legal Method and Social
Enquiry. These courses provide students with a common theoretical
and interdisciplinary framework for the program. The methods course
is designed to develop the link between the theoretical orientation
and the important research component of the program. Rather than
seeking to provide all possible research skills, the course focuses
on the importance of methodological issues and choices in research
design.
In addition, students are encouraged to take at least one half
course (0.5 credits) in a related discipline, in consultation
with the supervisor of graduate studies.
All students must obtain satisfactory grades in their course work;
make satisfactory progress in their research; maintain a close
working relationship with their thesis supervisors; and attend
seminars on current research and related topics. Each student
will be required from time to time to present a seminar on his/her
research.
Thesis
The thesis must represent the result of the candidate's independent
research undertaken after being admitted into graduate studies
in the Department of Law. Previous work of the candidate may be
used only as introductory or background material for the thesis.
A student may carry on research work related to the thesis off
campus if the work is approved in advance and supervision arrangements
have been made with the supervisor of graduate studies.
Guidelines for Completion of Master's Degree
Full-time students are expected to complete the required two courses,
51.500 and 51.501, and an additional four half-credits by the
end of the second term of registration. The thesis proposal should
be submitted by the end of the sixth week of the second term of
study. The thesis should be submitted by the end of the fourth
term of study.
Part-time students are expected to complete the required two courses,
51.500 and 51.501, and an additional four half-credits by the
end of their third year of study. The thesis proposal should be
submitted by the end of the second month of the fourth year of
study. The thesis should be submitted by the end of the fifth
year of study.
Graduate Courses*
Core Courses
The two compulsory courses are designed to give substance to the
major objectives of the program. They provide the theoretical
and interdisciplinary framework which will set the terms of discussion
and debate for the program. The courses are designated as compulsory
because it is anticipated that students will be drawn from both
law and social science backgrounds, and consequently there is
a need to provide a central and shared basis for the whole program.
The methods course is designed to develop the link between the
theoretical orientation and the important research component of
the program. Rather than seeking to provide all the research skills
that students might require, the course focuses on the importance
of methodological issues and choices in research design.
- Law 51.500F1, W1 or S1
Theories of Law and Social Transformation
This course examines three groups of theories (liberal jurisprudence,
sociological theories of law, and Marxist theories of law). They
are explored from two main perspectives: the first focuses on
the different ways in which law is conceived as an object of inquiry;
the second, and more empirical, examines the different accounts
of trajectories of legal development from the period of industrial
capitalism to the present, with its paradoxical processes of expanded
legalization and legal centralism and the contrasting delegalization
and legal pluralism. The limits and potential of law as an agency
for realizing or inhibiting different types of social change provide
a framework for this comparative analysis.
- Law 51.501F1,W1 or S1
Legal Method and Social Inquiry
This course introduces problems associated with the choice of
research strategy and methods. Starting from problems in the philosophy
of social science it explores the connection between strategies
and methods. It explores contrasting methodologies in legal research,
such as: the handling of historical sources; sources and handling
of statistical data; participant observation studies. It evaluates
the potential and limitations of alternative methodologies employed
in understanding legal reasoning, legal discourses, and legal
practices. The course includes a series of seminars in which participants
present outlines of their research projects, focusing upon the
methodological issues and problems involved.
- Law 51.599F4, W4, S4
M.A. Thesis
Other Law Courses
The following is a complete list of all graduate courses in the
Department of Law. Please note that not all courses are offered
every year. Students should consult the university and departmental
timetables for the scheduling of courses offered in 1995-96.
- Law 51.502F1,W1 or S1
Law and Gender Relations
This course examines diverse theoretical approaches informed by
the significance of gender to the structure and operation of law
and legal institutions in society. Concepts such as essentialism,
difference, cultural determination, and the social construction
of gender relations are examined in the context of contemporary
feminist debates. The aims of the course include development of
a detailed understanding of and facility with feminist analysis
and methodology.
- Law 51.503F1,W1 or S1
Law, Economy and Society
This course addresses the relationship between law, economy and
society. Competing theoretical accounts of the relationship between
legal regulation and social and economic change are explored through
selected historical and contemporary case studies.
- Law 51.504F1,W1 or S1
Law, Crime and Social Order
This course examines the theoretical dimensions of the relationship
between law, state, crime and social order. It explores the scope
and limitations of the criminal justice system as an agency of
social control. Attention is given to shifts in the forms of social
order and their relation to changes in criminal law and sanctions.
- Law 51.505F1,W1 or S1
Law, State and Politics
This course explores the relationship between the law, state and
politics. Major theoretical explanations of the relationship are
examined. Attention is focused on the role of rights, the rule
of law, separation of powers, and judicial review. The course
examines alternative views of the interrelationship between political
and legal change and developments in the contemporary state.
- Law 51.506F1,W1 or S1
Historical Perspectives on Law and Society
This course examines the historical relationship between social
forces, law and legal institutions. It surveys issues concerning
legal historical theory, and the foundations of modern legal concepts
and institutions. In particular, the course focuses on two discrete
areas: the relationship between socio-economic change and private
and regulatory law; and the changing conceptions of crime and
the nature of the state's responses through the uses of criminal
law.
- Law 51.507F1,W1 or S1
Race, Ethnicity and the Law
This course examines the way in which race and racism interact
with gender and class in shaping the legal system. It also explores
the ways in which the legal system institutionalizes racism and
the potential for using the legal system to combat racism. Selected
areas such as immigration law and native rights may be used to
illustrate the themes of the course.
- Law 51.508F1,W1 or S1
Consuming Passions: The Regulation of Consumption, Appearance
and Sexuality
This course will examine the rise of consumption and private pleasures
and their regulation and self-regulation. It will be organized
around an examination of the social history of the regulation
of two broad fields of consumption: (a) the surfaces of the person:
personal appearance, in particular of dress, the body, and of
sexuality, and (b) the intakes of the body with particular attention
to food, alcohol, and drugs.
(Also offered as Sociology 53.524)
- Law 51.510F1, W1 or S1
Advanced Problems in Legal Philosophy
Studies in legal theory and analyses of law advanced by Hart,
Dworkin, and others, and legal concepts: for example, principles,
rights, duties, liability, etc. Precise course content will vary
from year to year and will be announced at the beginning of the
term.
Prerequisites: Either Law 51.315 or 51.311 (32.311) and
51.312(32.312) or permission of the Department.
(Also offered as Philosophy 32.510)
- Law 51.520F1,W1 or S1
International Economic Law: Regulation of Trade and Investment
A study of selected problems associated with the regulation of
international economic activity. The seminar focuses on a discussion
of relevant international institutions (GATT, UNCTAD, IMF, World
Bank), and introduction to the legal aspects of integration (e.g.,
EEC, ASEAN), governmental regulation of trade and investment (e.g.,
FIRA), and the problem of extraterritoriality. (Also offered as
International Affairs 46.557)
- Law 51.532F1,W1 or S1
Feminism, Law and Social Transformation
This course addresses the nature and possibilities of feminist
engagement with law and the legal process. Policies and strategies
of law reform and/or social transformation are formulated and
evaluated through the application of theoretical frameworks to
particular topics. The significance of the Canadian Charter of
Rights and Freedoms is examined, together with human rights legislation.
- Law 51.535F1,W1 or S1
Crime, Social Change and Criminal Law Reform
This course examines the ideological and practical consequences
of criminal law reform and policy initiatives undertaken by the
state. Specific criminal justice reform proposals are examined
in order to illustrate not only the possible alternate responses
to social problems but also the varying effects of these responses.
- Law 51.540F1,W1 or S1
Law, Economy and the Regulatory Process
This course addresses the relationship between law, the economy
and the regulatory process. The focus is on understanding the
choice of regulatory models from a political and economic perspective,
and the impact of different theories of regulation on regulatory
practice and enforcement. Selected topics for investigation may
be drawn from the areas of labour law, housing and consumer protection,
environmental protection, and anti-combines legislation.
- Law 51.545F1, W1 or S1
Canadian Labour Law Policy from a Comparative Perspective
This course examines some major influences on the formation of
Canadian labour law policy. A comparative perspective is used
to highlight the divergencies in Western democratic nations. It
questions whether Canadian labour law is distinctive, and if so,
the reasons for this distinctiveness. The term "labour law"
refers to both collective bargaining and the regulation of individual
employment relationships through common law and statute. Specific
examples of labour law policy are highlighted to consider their
distinctiveness/sameness and to ask what forces may have led to
specific policies.
- Law 51.550F1, W1 or S1
The Canadian Constitution
A highly concentrated half course, designed to familiarize graduate
students with the terminology, principles, and doctrines of judicial
interpretation of the Constitution Acts 1867-1982 and other constitutional
statutes. The emphasis will be on the division of legislative
powers in the Canadian federation. This course,or its equivalent,
is a prerequisite for the course Law 51.553: Advanced Legal Problems
of Federalism.
Prerequisite: Open only to graduate students in their <P9%8>master's
year who have not previously studied Ca<P255%4>nadian constitutional
law.
- Law 51.553F1, W1 or S1
Advanced Legal Problems of Federalism
An advanced study of selected Canadian constitutional problems
including constitutional revision. Some comparisons with other
federal systems may be made.
Prerequisite: A course in Canadian constitutional law,
for example Law 51.550, or permission of the Department.
- Law 51.556F1,W1 or S1
Advanced Administrative Law Problems
An in-depth study of selected legal questions involving the activities
of public authorities.
Prerequisite: A course in administrative law or permission of
the Department.
- Law 51.563F1,W1 or S1
International Law: Theory and Practice
This course is designed to give students an appreciation of various
theoretical perspectives on international law, with a view to
locating the role which international law plays in the international
system. Topics include the basis of international law, the creation
and sources of international law, the utilization of international
law in international dispute resolution, and international law
and world order transformation. Illustrative issues will vary
according to the interests of students each year.
(Also offered as International Affairs 46.555)
- Law 51.590F1,W1 or S1
Tutorials/Directed Readings in Law
Tutorials or directed readings in selected areas of law, involving
presentation of papers as the basis for discussion with the tutor.
- Law 51.591F1,W1 or S1
Tutorial/Directed Readings in Law
Tutorials or directed readings in selected areas of law, involving
presentation of papers as the basis for discussion with the tutor.
- Law 51.593F1,W1 or S1
Contemporary Topics in Legal Studies
A research seminar which explores a selected topic from current
debates in legal studies. Students should check with the Department
regarding the topic offered.
- Law 51.594F1,W1 or S1
Contemporary Topics in Legal Studies
A research seminar which explores a selected topic from current
debates in legal studies.
Students should check with the Department regarding the topic
offered.
Selection of Courses in Related Disciplines
In addition to the graduate courses offered by the Department
of Law, students in the M.A. program are encouraged to take at
least one half course (0.5 credits) in a related discipline, in
consultation with the supervisor of graduate studies. Courses
offered by other academic units which can be taken towards the
requirements of the M.A. in Legal Studies are listed below. This
list is not exhaustive and is subject to change.
In certain circumstances (with the approval of the supervisor
of graduate studies) up to one credit may be selected from among
those offered at the 400 level.
Note: Students should be aware that the number of spaces
in graduate courses offered by other departments may be limited,
and that registration may be conditional upon obtaining the prior
approval of the department concerned. It is the student's responsibility
to ensure that permission is obtained from the appropriate department
prior to registering in any of the department's courses.
Students are advised that there is no guarantee that all of these
courses will be offered in any given year, or in any given term.
Full-credit courses are scheduled over two terms. Students should
check the current University timetable to ensure course availability
and schedule when planning their program.
Canadian Studies
- 12.510 Northern and Native Issues
- 12.520 Women's Studies
Economics
- 43.432 Competition Policy
- 43.533 Regulation and Public Enterprise
- 43.538 Law and Economics
- 43.543 Public Choice
Geography
- 45.541 Society and Space
- 45.544 Gender and Environments
History
- 24.459 Selected Problems in the History of Women and the
Family: From the Industrial Revolution
- 24.532 Ontario in the Nineteenth Century
- 24.559 Women in Nineteenth- and Twentieth- Century North
America and Britain
- 24.588 Historiography of Canada
International Affairs
- 46.510 Canada in International Affairs
- 46.535 International Bargaining and Negotiation: Theory and
Practice
- 46.542 Territory and Territoriality
- 46.545 International Organizations in International Affairs
- 46.555 International Law: Theory and Practice
- 46.557 International Economic Law: Regulations of Trade and
Investment
- 46.588 International Political Economy
Journalism and Communication
Political Science
- 47.407 The Politics of Law Enforcement in Canada
- 47.413 The State in Advanced Capitalist Societies
- 47.509 Canadian Political Economy
- 47.511 Canadian Federalism
- 47.570 Basic Research Methods
- 47.573 Advanced Research Methods
Psychology
- 49.514 Psychology of Women
- 49.517 Psychology of Family Violence
- 49.523 Psychology and Human Services
- 49.546 Quasi-experimental Design and Evaluation Research
Public Administration
- 50.502 Political Economy of Regulation
- 50.523 Microeconomics for Management and Policy
- 50.536 Law of Public Authorities I
- 50.537 Law of Public Authorities II
- 50.551 Quantitative Methods I
- 50.552 Quantitative Methods II
- 50.567 Political Economy of the State
- 50.568 Policy and Decision Making
- 50.569 Public Choice: Theory and Application
- 50.584 Industrial Relations and Collective Bargaining
- 50.585 Public-sector Collective Bargaining
Sociology and Anthropology
- 53.453 Workshop in Criminology/Deviance
- 53.457 Workshop in Social Psychology
- 53.500 Classical Sociological Theory
- 53.502 Contemporary Sociological Theory
- 53.509 Philosophy of Social Science I
- 53.511 Research Design and Data Analysis
- 53.512 Statistical Methods I
- 53.513 Statistical Methods II
- 53.514 Multivariate Analysis
- 53.521 Comparative Methods in Social Research
- 53.530 Social Institutions I
- 53.532 The Labour Process
- 53.536 Cultural Studies
- 53.538 Feminist Analyses
- 53.540 Political Sociology
- 53.541 Proseminar in Anthropology I
- 53.544 Race, Ethnicity and Class in Contemporary Societies
- 53.545 Power and Stratification
- 53.549 The Politics of Social Movements and the State
- 53.567 Contemporary Theories of Crime and Social Regulation
- 53.568 Women and Work
- 53.589 The Logic of the Research Process