Human Rights and Deprivation of Liberty

This module examines the deprivation of liberty from philosophical, sociological, and rights-based perspectives. It will examine the nature of liberty and when it can be considered ‘deprived’ under law. It will also assess the philosophical justifications for depriving liberty, including the protection of others, of the person whose liberty is deprived, or as a means of executing a punishment. The module will then assess multi-disciplinary research on the harms, problems, and rights concerns that arise from the deprivation of liberty. The module will then examine protections for rights in the context of the deprivation of liberty, including: inspection and monitoring and other forms of regulation; complaints procedures; reviews of detention; and assisted-decision making supports.

Students will be assessed by means of an independent research project which will require students to: provide a legal analysis of a problem question related to the deprivation of liberty, along with an assessment of academic literature on the issues raised from a socio-legal or philosophical perspective.  

Learning Outcomes:
Upon successful completion of the module students should be able to

• Identify, evaluate and synthesise jurisprudential theories and concepts relating to the nature of the deprivation of liberty in international and comparative contexts at a level appropriate to masters graduates;
• Use appropriate legal theories, doctrines and concepts to identify, formulate, analyse and solve legal problems and issues relating to the protections necessary when liberty is deprived in national and international contexts;
• Engage in critical analysis of the deprivation of liberty and associated rights protections using legal research methodology, and demonstrate an awareness of relevant literature from other disciplines;
• Carry out in-depth research using caselaw, legislation, academic legal commentary, reports, and literature from appropriate other disciplines at national and international levels on the subject of the deprivation of liberty;
• Communicate the results of one’s research effectively and clearly.

Assessment:

• Take home Assignment - 5,000 word (including references) assessment of the legal and socio-legal/philosophical issues raised by a problem question relating to the deprivation of liberty.

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