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Law and change: Scottish legal heroes

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This free course, Law and change: Scottish legal heroes, explores the legal system in Scotland and considers how individuals, institutions and organisations have made a difference by challenging the law or legal system. You learn about the law-making process in Scotland, explore how the legal system has been influenced by change and consider how law has been used to respond to developments in society. Scots laws and lawyers have influenced development of laws on a national, regional and global level and you explore examples of this influence. You'll consider how words such as reasonableness, duty, rights, justice, fairness are used in relation to law and legal systems and their relevance in contemporary Scotland before looking at how you can make a difference by becoming involved in the law making process yourself.

Transcript

Enrolling on the course will give you the opportunity to earn an Open University digital badge. Badges are not accredited by The Open University but they're a great way to demonstrate your interest in the subject and commitment to your career, and to provide evidence of continuing professional development.

Once you are signed in, you can manage your digital badges online from My OpenLearn. In addition, you can download and print your OpenLearn statement of participation - which also displays your Open University badge.

The Open University would really appreciate a few minutes of your time to tell us about yourself and your expectations for the course before you begin, in our optional start-of-course survey. Once you complete the course we would also value your feedback and suggestions for future improvement, in our optional end-of-course survey. Participation will be completely confidential and we will not pass on your details to others.

Learning outcomes

After completing this course, you will be able to:

understand the complexity of issues in law-making and application
discuss how laws reflect the society within which they are made
explain the role of individuals and institutions in effecting legal change.

Earn this free Open University digital badge if you complete this course! The badge can be displayed, shared and downloaded as a marker of your achievement. The badge is awarded for completing the course and passing the quizzes.

First Published: 19/01/2018

Updated: 09/01/2020

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You can start this course right now without signing-up. Click on any of the course content sections below to start at any point in this course.
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Course content

- Introduction and guidance
- Current section:
  Introduction and guidance
  Welcome to this badged open course, Law and change: Scottish legal heroes.The free course lasts eight weeks, with approximately three hours of study each week. You can work through the course at your own pace, so if you have more time one week there is no problem with pushing on to complete another week’s study.This course explores the legal system in Scotland and considers how individuals, institutions and organisations have made a difference by challenging the law or legal system. Yo...
- What is a badged course?
- How to get a badge
- Acknowledgements
- week1Week 1: Law making in Scotland
- Current section:
  Introduction
  With its distinct legal system Scotland has played a key role in shaping and developing the ‘law’ both within its own borders, within the UK and on the international stage. The legal system in Scotland, as we see it today, builds upon centuries of tradition and reflects Scotland’s history and values. It is unique within the legal systems of the UK and the concepts of justice, equality, rights and fairness are at its core. In Week 1 you will explore how law is made in Scotla...
- 1 The Scottish legal system
  - 1.1 Thinking about law
- 2 The Scottish Parliament
- 3 The UK Parliament and law making
- 4 Common law
  - 4.1 Statutory interpretation
- 5 Summaries of sources of law making
- 6 International law
- 7 Government ministers
- 8 This week’s quiz
- Summary
- References
- Acknowledgements
- Week 1 practice quiz
- SEO URL
- week2Week 2: An overview of the legal history of Scotland
- Current section:
  Introduction
  The legal history of Scotland is both complex and fascinating. Law has played a key role in the evolution of Scottish society. The maintenance of an independent and separate legal system has influenced Scottish history. Within the different legal jurisdiction of the UK, the Scottish legal system holds a unique place. It is held in high regard internationally and has a rich history of legal jurists, legal thinking and reflecting change. Scotland’s laws and legal institutions were influe...
- 1 Law and medieval Scotland
- 2 Power, legislation, society and change
- 2.1 The emergence of a professional judiciary
- 3 Other influences
- 4 This week’s quiz
- Summary
- References
- Acknowledgements
- Week 2 practice quiz
- week3Week 3: Influencing and shaping legal systems
- Current section:
  Introduction
  During this week, you will explore the meaning of law and legal systems. Subsequent weeks build on this, exploring examples of events, individuals, cases and legislation which have changed the law and legal system in Scotland and beyond. Weeks 1 and 2 introduced the current legal system and considered its historical development. As you work through this week you are asked to think about the meaning and complexity of ‘law’ and ‘legal systems’. Both ‘law’ an...
- 1 Law and society
- 2 The role of law
- 3 The rule of law
- 4 Legal systems and law
- 5 This week’s quiz
- Summary
- References
- Acknowledgements
- Week 3 practice quiz
- week4Week 4: Influence on a global scale: snails and ginger beer
- Current section:
  Introduction
  In this week, you will explore a famous case which has had international impact far beyond Scottish borders. You will consider the background to the case, the reasoning of the judges and consider examples of how the case has been acknowledged in decisions in other jurisdictions.By the end of this week you will be able to: explain the lead up to the decision in Donoghue v Stevenson 1932 SC (HL) 31; [1932] AC 562.explain the sources used by Lord Atkin in reaching his decisionexplain some of th...
- 1 Background
  - 1.1 The facts
  - 1.2 Information often omitted by standard law texts
- 2 The importance of Donoghue
  - 2.1 Social economic conditions
  - 2.2 Reactions to the case
- 3 The global influence of Donoghue
- 4 This week’s quiz
- Summary
- References
- Acknowledgements
- Week 4 compulsory badge quiz
- week5Week 5: Judges
- Current section:
  Introduction
  In this week, you will explore the role played by judges in the legal system. The main task of judges, in a dispute between parties, is to act as an impartial decision maker. In doing so, they are seen as acting in ‘pursuit of justice’. They achieve this by assessing evidence, managing court proceedings and interpreting the law to make decisions based on the aplication of the law to the facts. In all of this, they play a leading role. Scottish judges have had a significant impact...
- 1 Judicial precedent
- 2 A brief introduction to legal reasoning
- 3 Legal reasoning and Donoghue
  - 3.1 Stevenson’s pleadings
  - 3.2 Donoghue’s pleadings
- 4 The House of Lords’ decision
- 5 Finding the ratio in Donoghue
- 6 Use of legal sources in the judgments
  - 6.1 The place of the neighbour principle in the ratio
  - 6.2 Was this new reasoning?
- 7 Scottish judges
- 8 This week’s quiz
- Summary
- References
- Acknowledgements
- Week 5 practice quiz
- week6Week 6: Making a difference
- Current section:
  Introduction
  Law responds and changes to meet and reflect the needs of the society in which it operates. Law cannot, however, change by itself; change can only be achieved through one of the law making bodies. There are numerous individuals and organisations who have campaigned and fought for legal change whether through a change in legislation or through the court system. They could all be seen as ‘Scottish legal heroes’. As you read this you may already be thinking about examples you have c...
- 1 Legal heroes
  - 1.1 A unique legal tradition
- 2 Individuals and organisations
- 3 Thinking about why change may be needed
- 4 Reflecting changes in society
- 5 A UK Supreme Court
- 6 Making a difference individuals and organisations
- 7 This week’s quiz
- Summary
- References
- Acknowledgements
- Week 6 practice quiz
- week7Week 7: Challenging decisions
- Current section:
  Introduction
  This week, you will consider how decision- and law-makers can be challenged. This week builds on your knowledge of law and legal systems and encourages you to think about the need for structure and evidence when challenging decisions.By the end of this week you will be able to explain: how decisions of law-makers may be challengedwhy decisions of decision-makers in public bodies may be challengedthe need for a structured approach supported by evidence when challenging decisions.This week has...
- 1 Delegated powers: decision-making and law
- 2 What is the power and are there any limitations?
  - 2.1 Thinking about the power
  - 2.2 A structured approach to analysing the power given
- 3 The process of taking the decision
  - 3.1 Considerations to be made
  - 3.2 Discretion
    - 3.2.1 Legitimate expectations
- 4 Who can make the decision
- 5 Factors to always consider
- 6 Rules of natural justice
- 7 Bringing this all together
- 8 This week’s quiz
- Summary
- References
- Acknowledgements
- Week 7 practice quiz
- week8Week 8: Making a difference: becoming involved
- Current section:
  Introduction
  Throughout your studies on this course, you have learnt that law impacts on us all on a daily basis, from the beginning to the end of our lives. It sets out the principles by which we are governed. Laws lay down the foundations and act as a framework for our education, work and personal and private lives. Law provides protections and remedies when things go wrong and provides mechanisms by which both individuals and the state can take action to uphold rights and seek remedies. Laws and the l...
- 1 Making a contribution to the work of the Scottish Parliament
  - 1.1 Becoming involved in the lawmaking process of the Scottish Parliament
- 2 Making a contribution to the UK Parliament
- 3 Other ways to become involved
- 4 Thinking about making a difference
- 5 This week’s quiz
- Summary
- Course summary
- Tell us what you think
- References
- Acknowledgements
- Week 8 compulsory badge quiz
- Law and change Scottish legal heroes pdf File

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Law and change: Scottish legal heroes

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