Not available in 2012
Previously offered in 2013, 2011
LAWS courses are only available to students enrolled in the LLB or LLB/DipLegPrac.
This elective came about as a result of curriculum change in which Jurisprudence became no longer compulsory.
This course is different from all the other courses that make up the LLB program. It is designed to facilitate students thinking about the law rather than learning detailed analysis of the legislation and cases consigned to a particular area of law. It will require the student to critically consider the nature of law, its role in society, and various perspectives and critiques on law. The legal theory elective which focuses on major theoretical traditions which have influenced the development of our legal system.
The aim is for some level of depth, not breadth, an emphasis on analysis of primary theoretical literature, and case studies or applications. The course will be presented in a modularised form, with 3 modules of 4 weeks' duration.
On successful completion of this course, you will be able to:
1. Demonstrate a critical understanding of major schools of legal theory which have influenced the development of the Australian legal system.
2. Critically evaluate multiple and conflicting perspectives on law and engage in open-minded academic discussion of them in an applied context.
3. Critique the relationship between law and society.
4. Reflect on the significance of notions of justice to the operation of law.
5. Conduct high-level research, exploring primary and secondary materials, and provide critical analysis of problems and questions.
6. Prepare and present cogent arguments, orally and in writing, and make productive contributions to class discussions.
Legal Positivism: the thought of Austin, Bentham and Hart (4 weeks)
American Realism: including Oliver Wendell Homes Jr, Jerome Frank & Karl Llewellyn. (4 weeks)
Theories of Justice: Distributive Justice, Justice as rights, Justice as process and Justice as treatment. (4 weeks)
This course is not available to students who have successfully completed LAWS4006
LAWS1001A, LAWS1001B, LAWS1002A, LAWS1002B, LAWS2003A, LAWS2003B, LAWS3004A, LAWS3004B, LAWS3005B, LAWS4011
Modes of Delivery
Seminar: for 3 hour(s) per Week for Full Term