LLAW6196 & JDOC6196

General Course Information

1.1 Course details

Course code: LLAW6196 / JDOC6196
Course name: Preventative Law: Approaches to Conflict Prevention and Resolution
Programme offered under: LLM Programme / JD Programme
Semester: Second
Prerequisites / Co-requisites: No
Credit point value: 9 credit / 6 credits
Cap on students: 40

1.2 Course description

Lawyers can play a key role not just in the resolution of disputes, but also in the prevention and management of conflicts within organizations and societies. This course will explore key processes including arbitration, mediation and ombuds mechanisms, through which a system is consciously created to address a stream of conflicts among individual and entities, as well as legally defined disputes.  Similar to the public health model, which aims to promote positive individual and collective habits that stem the occurrence of disease, this course seeks to examine those mechanisms, principles and processes oriented toward the prevention of conflict. The approach of the course will be both theoretical and participatory in nature.

Preventative Law, drawing on concepts from Dispute Systems Design (DSD) is a relatively new field that has emerged from the discipline of dispute resolution, with strong influences from other fields including organizational development and social psychology, among others.

In this course, we will examine different approaches to analyzing the causes, dynamics and consequences of conflict, and subsequently designing interventions with the aim of resolving such conflicts peacefully and justly. We will approach this topic through a careful balance of theory and practice; the former will allow us to contextualize our studies within the larger debates and driving questions in the field, while the latter will allow us to ground our studies in real-life examples to ensure that our ideas are practical and implementable.

We will explore these concepts through an array of case studies illuminating the role of the lawyer in applying dispute system design concepts to create systems to prevent, manage, and resolve disputes. Class exercises will include applying DSD concepts to hypothetical cases as well as skill-building components relating to mediation, collaborative problem solving, and facilitation.

1.3 Course teachers

Name E-mail address Office Consultation
Course convenor Shahla Ali sali@hku.hk CCT 811 By email

Learning Outcomes

2.1 Course Learning Outcomes (CLOs) for this course

CLO 1 Demonstrate a basic understanding of the major approaches to analysis and design covered within the course.

CLO 2 Be capable of analyzing the perspectives and work of other scholars and practitioners on the course topic thoroughly and critically.

CLO 3 Present coherent, articulate and thoughtful oral and written arguments regarding the course topic.

2.2 LLM and JD Programme Learning Outcomes (PLOs)

Please refer to the following link:

LLM – https://course.law.hku.hk/llm-plo/

JD – https://course.law.hku.hk/jd-plo/

2.3 Programme Learning Outcomes to be achieved in this course

PLO A PLO B PLO C PLO D PLO E PLO F
CLO 1
CLO 2
CLO 3

Assessment(s)

3.1 Assessment Summary

Assessment task Due date Weighting Feedback method* Course learning outcomes
Class participation TBC 25% 1, 2, 3
Research paper TBC 75% 1, 2, 3
*Feedback method (to be determined by course teacher)
1 A general course report to be disseminated through Moodle
2 Individual feedback to be disseminated by email / through Moodle
3 Individual review meeting upon appointment
4 Group review meeting
5 In-class verbal feedback

3.2 Assessment Detail

To be advised by course convenor(s).

3.3 Grading Criteria

Please refer to the following link: https://www.law.hku.hk/_files/law_programme_grade_descriptors.pdf

Learning Activities

4.1 Learning Activity Plan

Seminar: 3 hours / week for 12 teaching weeks
Private study time: 9.5 hours / week for 12 teaching weeks

Remarks: the normative student study load per credit unit is 25 ± 5 hours (ie. 150 ± 30 hours for a 6-credit course), which includes all learning activities and experiences within and outside of classroom, and any assessment task and examinations and associated preparations.

4.2 Details of Learning Activities

To be advised by course convenor(s).

Learning Resources

5.1 Resources

Reading materials: Reading materials are posted on Moodle
Core reading list: TBA
Recommended reading list: TBA

5.2 Links

Please refer to the following link: http://www.law.hku.hk/course/learning-resources/