General provisions

Determined on March 26, 2019 by Faculty of Law's Teaching Committee, Uppsala University, by virtue of Chapter 6 Section 14 and 15 (1993:100) of the Higher Education Ordinance. The course plan enters into force on November 1, 2019.

General

The course "Historical Trials" (15 ECTS credits) is an optional course at advanced level in the studies for the degree of Master of Laws, according to the degree requirements adopted 16 April 2007 by the Board of the Faculty of Law of Uppsala University. The course is held in English.

Entry requirements

In general, Swedish students must have attained five passes out of the six courses given at undergraduate level of the LL.M. programme. All the obligatory phases of the course in which the student has not attained a pass must have been fulfilled. Foreign students shall have studied law for at least two years. If special reasons exist, the board of exemption may grant exemption from the acceptance requirements.

Learning outcomes

Knowledge and understanding

To pass examination the students ought to demonstrate deep knowledge and understanding concerning historical trials, within their contemporary context, as exponents of their legal tradition.

Skills and abilities

To pass examination the student ought to demonstrate ability on an advanced level, to critically and systematically assess and integrate the acquired knowledge related to historical trials, in a scientific paper discussing a historical trial, its historical context, central phenomena, issues and questions, as exponent of its legal tradition.

Judgment and approach

To pass examination the student ought to demonstrate ability to make a critical and original assessment regarding a historical trial.

Criteria for grades

The grades given are Fail (U), and the passing grades Pass (B), Pass with credit (Ba) and Pass with distinction (AB).

To obtain the grade B/Pass, the students have to prove that they have reached the expected learning outcomes as described above, by showing their ability and understanding to describe, to summarize, to refer, to reflect and to analyse.

To obtain the higher grade BA/Pass with Credit, students not only have to show their ability and understanding as described above for the grade B, but they also have to have a good analytical approach, on a well-structured, independent and critical way.

To obtain the highest grade AB/Pass with Distinction, students not only have to show their ability and understanding as described above for the grades B and Ba, but they have to show good analytical skills, on a well-structured, well thought through, critical and comparative way, with statements that are built on a convincing argumentation and on a highly independent way.

Content

The course intends not to limit itself to a theoretical study of "law in the books", but wants to study "law in action", in order to get a better understanding of the "law in the minds".

Therefore, the course studies 1) a number of historical trials, 2) within their contemporary context, 3) as exponents of their legal tradition.

1. Historical trials: trials from the past that have had a profound impact, giving them a historical relevance. Examples of famous historical trials are inter alia the Nuremberg trials, the Rivonia trial with Nelson Mandela, the Dreyfus trial, the Louis XVI trial, the Moscow trials, the Gang of Four trial, the Galileo trial, the Brown versus Board of Education trial, the OJ Simpson trial, the Eichmann trial, etc. By studying (a number of) these historical trials, we will see the law in action and by analysing the case, we will try to figure out what were the motives behind it.
2. Within their contemporary context: each trial happens in a specific historical context, which is of importance for the trial.
3. As exponents of their legal tradition: each trial is an exponent of the legal tradition in which it occurs (the US legal tradition, the French legal tradition, the Russian legal tradition, the Chinese legal tradition, etc.).

There are a number of lectures, but the main part of the course consists out of seminars, with a clear DIY-approach with discussions and presentations by the students themselves.

Each seminar has a specific topic, which serves as a red tie between the discussed historical trials. Possible topics are "Impeachment", "Law and religion", "Law and war", "Law and race", "Law and injustice", "Law and the media", etc.

Instruction

Presence is obligatory for at least 80% of the seminars and lectures. In exceptional circumstances, the teacher can give dispensation for absences. The students have to prepare at least one presentation. They also have to participate actively in the discussions at the seminars.

Assessment

After the seminars, the students will get a take home assignment. In special circumstances, the course director can decide to have another way of examination.

It is prohibited to attempt to use deceptive means to influence the outcome of an exam or other ways of evaluating student performance such as essays. This entails inter alia the following points. A student may not use non-permitted aids or materials during a written examination. In a take home examination the work submitted must be the individual work of the student. Cooperation with other students in the writing of take-home examinations is prohibited. It is also prohibited to pass off another person's work as one's own work, in other words, to engage in plagiarism. See the specific instructions given in each course in this respect. In addition to the result of the exam or other way of evaluating student performance being reduced or declared null, a student who, in the above or other ways engages in cheating will be reported to the University Disciplinary Board. The Board can issue formal warnings or disbar the student from studying at the university for a period of up to six months.

Other directives

Delegations

It is delegated to the Course Director to issue the study plan and the list of literature. These shall be annually submitted to the Educational Committee as part of the course report.