Graduate Calendar Archives: 1998 / 1999

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:

• 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, 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:

• 3.0 credits
• A thesis equivalent to 2.0 credits and an oral examination

All students are required to take Law 51.500 and 51.501. 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 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 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 51.501, and an additional 2.0 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.

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 Courses

Not all of the following courses are offered in a given year. For an up-to-date statement of course offerings for 1998-99, please consult the Registration Instructions and Class Schedule booklet published in the summer.

F,W,S indicates term of offering. Courses offered in the fall and winter are followed by T. The number following the letter indicates the credit weight of the course: 1 denotes 0.5 credit, 2 denotes 1.0 credit, etc.

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

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. (Also offered as Philosophy 32.510).
Prerequisites: Either Law 51.315 or 51.311« (Philosophy 32.311«) and Law 51.312« (Philosophy 32.312«), or permission of the Department.

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.
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 0.5 credit 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 and students interested in these courses must consult the graduate supervisor. Students should check the current University timetable to ensure course availability and schedule when planning their program.

Canadian Studies

12.510, 12.520

Economics

Geography

45.540, 45.541, 45.544

History

International Affairs

46.510, 46.535, 46.542, 46.545, 46.555, 46.557, 46.588

Journalism and Communication

28.541

Political Science

Psychology

49.514, 49.517, 49.523, 49.546

Public Administration

50.502, 50.523, 50.536, 50.537, 50.551, 50.552, 50.567, 50.568, 50.569, 50.584

Sociology and Anthropology