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Legal Theory, Language, and Methods

Birmingham Law School research theme

We research new ways of thinking about the relationship between language and law, broadly understood.

The legal theory strand of the theme encompasses a wide range of work in legal philosophy, approached from analytic, critical and feminist perspectives. This strand hosts three lively research forums: Jurisprudence Discussion Group, Forum for the Study of Natural Law, and Jurisprudence Reading Group (see below).

The language strand incorporates the Law and Language Research Group, which provides a forum for developing research and new ways of thinking about the relationship between law and language, broadly understood. The group runs regular public seminars and workshops, and is host to a number of large externally funded projects.

The methods strand reflects the growing interest in multi/inter-disciplinary empirical and theoretical approaches to legal research. A new addition this year, this strand aims to provide a supportive forum in which colleagues can share and discuss a wide range of methodological and methods-related issues, developing both their broader understanding and confident, creative use.

Staff researching in this theme

List of staff currently associated with the theme

PhD students in Legal Theory Group

  • Matthew Wall (Kelsen and general jurisprudence)
  • Kate Webster (human rights theory)
  • Anil Singh Matoo (Nietzsche, Prisons, Death penalty)

PhD students in the Law and Language Research Group

  • Edward Clay (translation and migration)
  • Christos Papachristopoulos
  • Khalid Khedri
  • Michael Krallmann (legal translation and EU legislation)
  • Ramón Jesserun (indigenous language rights, legal translation)

University of Birmingham academics outside the Law School who are members of the Law and Language Research Group

Funded research projects

Research and discussion groups

Forum for the study of natural law

The Forum’s mission is to select and study texts within the tradition(s) of natural law thinking, and to share and debate questions of importance relating to natural law philosophy.

Our activities include the production of working papers, and the publication of translations of some classic natural law texts. The Forum meets on average twice in each term. For further information, please contact Sean Coyle (s.coyle@bham.ac.uk). 

Working papers and abstracts

Sean Coyle, 'Can Natural Laws be Derived from Sociability?’ New Blackfriars (early view, 2019)
The article questions whether it is possible to derive natural laws from human sociability. It examines the work of Aristotle, Augustine and Aquinas, and concludes that there are certain natural laws that can be derived from the social character of human beings. Some of these hold across all societies and at all times (semper et ad semper) whereas others hold only in general but are subject to exceptions (semper sed non ad semper). The article concludes by confronting an anti‐social and immoralist challenge to the idea of natural laws of sociability.

Sean Coyle, ‘Natural Law in Aquinas and Suarez’ 8 Jurisprudence (2017) 319-341.
This article considers the relationship between the philosophies of Thomas Aquinas and Francisco Suarez. It has been said that Suarez made significant departures from the natural law theory of Aquinas, by putting greater emphasis on divine command as the source of natural law precepts, and by replacing Aquinas’s focus on good and bad with a focus on right and wrong. Hence, Suarez appears to replace Aquinas’s eudaemonist account of ethics with one based in deontology. The article argues that the differences separating Aquinas and Suarez are minimal, and that Suarez can be seen as upholding the central tenets of Aquinas’s doctrine of natural law. This has ramifications for our understanding not only of Suarez, but also of Aquinas himself.

Sean Coyle, ‘Natural Law and Goodness in Thomistic Ethics’ 30 Canadian Journal of Law and Jurisprudence (2017) 77-96.
The purpose of the essay is to recover a correct conception of natural law and goodness in the ethics of Saint Thomas Aquinas. It suggests that the dominant interpretation of Thomism known by legal philosophers — that of John Finnis — is importantly at variance with Aquinas’s true account. Against the dominant interpretation, a true account of natural law must (i) differentiate between natural law and ethics in the full sense (moral theology), and (ii) interpret references to human good as references to virtuous goodness rather than non-moral goodness. The main body of the essay explores the place of these concepts in Aquinas’s account of ethics.

Sean Coyle, ‘Natural Law in Aquinas and Grotius — An Ethics for Our Times?’ 97 New Blackfriars (2016) 591-609.
The essay explores the significance of natural law for the world of today, and calls for recognition of a universal ethics for modern times. It focuses in particular upon the natural law philosophies of Thomas Aquinas and Hugo Grotius: thinkers often considered as belonging to two separate traditions of thought, Protestant and Catholic. The essay exposes this classification as erroneous. Grotius carries on the tradition of Aquinas in all important respects, a tradition that focuses on the universal values of peace and justice as an essential foundation of society, and of the values that emerge from them in turn.

Sean Coyle, ‘Fallen Justice’ 93 New Blackfriars (2012) 687-709.
This article examines the concept of justice, and its realisation within communities via organs of the state. In particular it contrasts an Augustinian view, which laments the absence of true justice from human affairs, with a Thomist account, in which true justice is present but in an imperfect and incomplete form.

Translations

Jurisprudence discussion group

The Jurisprudence discussion group is informal and flexible in structure. Some sessions take the form of ‘work in progress’ presentations, involving projects at various stages of completion. Others take the form of a colleague simply wishing to discuss an idea (which may or may not lead to plans for published work).

We also welcome suggestions for sessions wherein colleagues may wish to discuss someone else’s work (whether recently published or not). The only rigid criterion for inclusion is that the topic in question must have a strong theoretical element.

For inquiries please contact Gavin Byrne: g.d.byrne@bham.ac.uk

Jurisprudence research group

Birmingham Law School has a long and distinguished tradition of jurisprudential reflection upon permanent questions of the nature of law. Encompassing all areas of legal and political thought, scholars at Birmingham are at the forefront of research into the political and historical significance of law and justice, and public morality. Some of our areas of interest are outlined below:

Gender and identity theory

Theory of law

  • Gavin Byrne’s major research interest is in Jurisprudence, in particular the application of mainstream philosophy to issues in legal theory. He has particular expertise in the perceived split between the Anglo-American and Continental traditions in relation to legal philosophy and in the writings of Martin Heidegger and their application to legal philosophy. His current work explores the relationship between the work of Nazi philosophers (such as Heidegger) and their relationship to far right concepts of law, both in a contemporary and a historical context.

Natural law theory

  • Sean Coyle’s research is into the legal and moral philosophy of Thomas Aquinas, Francisco Suarez and Hugo Grotius. He is currently writing a book that aims to demonstrate the relevance and importance of Thomistic ethics for the legal and moral philosophy of the present day.
  • Gavin Byrne’s work critically examines the work of Nazi jurists and philosophers from a natural law perspective.

Theory of punishment

  • Natasa Mavronicola’s work examines the right to be free from torture and from inhuman and degrading punishment, and the right to life.

Theory of international law

  • Mohammad Shahabuddin’s research is into international legal theory and history. His area of specialisation is postcolonial/third world approaches to international law.