Available in 2018
Course code

LAWS5030

Units

10 units

Level

5000 level

Course handbook

Description

This course is different from the other courses that make up the LLB program. It is designed to facilitate students' thinking about law in general rather than learning detailed analysis of the legislation and cases consigned to a particular area of law. It will require students critically to consider the nature of law, its role in society, and various perspectives on and critiques of law.

This subject focuses on major theoretical traditions which have influenced the development of the Australian legal system and the broader Western legal tradition. The aim is for some level of depth rather than mere breadth, with an emphasis on analysis of primary theoretical literature and case studies.


Availability2018 Course Timetables

Newcastle City Precinct

  • Semester 1 - 2018

Learning outcomes

On successful completion of the course students will be able to:

1. Demonstrate, orally and in writing, a critical understanding of major schools of legal theory which have influenced the development of the Western legal tradition and the Australian legal system.

2. Critically evaluate multiple and contrasting perspectives on law and engage in open-minded academic discussion of them in an applied context.

3. Critically analyse the relationship between law and society from a variety of legal theoretical perspectives.

4. Reflect on the significance of notions of rights and 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.


Content

Topics in this course include:

1. Introduction to Jurisprudence

2. Legal Positivism

3. Natural Law Theory and Anti-Positivism

4. Interpretivism

5. Evolutionary Jurisprudence

6. Rights and the Law

7. Justice and the Law

8. Legal Realism

9. Critical Theories of Law

10. Feminist Legal Theory

11. Economic Theories of Law

 


Requisite

This course is only available to students enrolled in the Bachelor of Laws and associated combined degree programs or Bachelor of Laws (Honours) and associated combined degree programs.


Assumed knowledge

LAWS1001A, LAWS1001B, LAWS1002A, LAWS1002B, LAWS2003A, LAWS2003B, LAWS3004A, LAWS3004B, LAWS3005B, LAWS4011


Assessment items

Written Assignment: Briefing Papers

Essay: Research Essay

Formal Examination: Open Book Examination


Contact hours

Newcastle City Precinct

Seminar

Face to Face On Campus 3 hour(s) per Week for Full Term