Department of Law


Loeb Building C473
Telephone: 520-3690
Fax: 520-4467

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 Department also offers a Graduate Certificate in Conflict Resolution.

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:

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, as well as 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 Law 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: All students are required to take Law 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 0.5 credit 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, Law 51.500 and Law 51.501, and an additional 2.0 credits (or the equivalent) 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, Law 51.500 and Law 51.501, and an additional 2.0 credits (or the equivalent) 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.

Certificate in Conflict Resolution

The Department of Law offers a program of advanced study leading to a graduate Certificate in Conflict Resolution.

The Certificate provides an interdisciplinary program of study emphasizing theoretical models of conflict and its management and/or resolution, and integrating skills and techniques in the field.  The program has an academic structure and a professional orientation, and is directed to individuals whose work involves negotiation or coping with conflict.  The program develops in students an intellectual foundation and applied skills to enable them to function effectively in their field.

Interested students should contact the Department of Law for information concerning admission and program requirements, scheduled courses, and fee schedules.

Graduate Degree 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 potential and limits 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 and 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 1997-98.

  • 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 (Philosophy 32.311) and Law 51.312 (Philosophy 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 master’s year who have not previously studied Canadian 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.

    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 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 1.0 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. 1.0 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

    45.540 Territory and Territoriality

    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: Regulation of Trade and Investment

    46.588 International Political Economy

    Journalism and Communication

    28.541 Journalism Law

    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 Economic Models of Politics

    50.584 Industrial Relations and 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