LAWS6023Jurisprudence

Course handbook

Description

This course is different from other Law courses. 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 to critically 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.

Availability

Not currently offered.

This Course was last offered in Semester 2 - 2023.

Learning outcomes

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

1. Demonstrate orally and in writing an advanced and integrated understanding of major schools of legal theory which have influenced the development of the Western legal tradition and the Australian legal system.

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

3. Critically and with integrated understanding analyse the relationship between law and society from a variety of jurisprudential perspectives.

4. Critically and with integrated understanding reflect on the significance of conceptions of rights and justice to the operation of law.

5. Conduct advanced research, exploring primary and secondary materials and provide critical and integrated analysis of problems, questions and theoretical propositions.

6. Prepare and present persuasive 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. Rights and the law
6. Justice and the law
7. Legal realism
8. Critical theories of law
9. femisist legal theory
10. Economic theories of law

Requisite

This course is only available to students enrolled in the programs:

[12334] Juris Doctor/Graduate Diploma in Legal Practice (JD)

[12340] Bachelor of Arts/Bachelor of Laws (Honours)

[12341] Bachelor of Social Science/Bachelor of Laws (Honours)

[12342] Bachelor of Communication/Bachelor of Laws (Honours)

[12343] Bachelor of Aboriginal Professional Practice/Bachelor of Laws(Honours)

[12346] Bachelor of Science/Bachelor of Laws (Honours)

[12347] Bachelor of Laws (Honours)/Diploma of Legal Practice

[12348] Bachelor of Laws (Honours)

[40036] Bachelor of Business/Bachelor of Laws (Honours)

[40037] Bachelor of Commerce/Bachelor of Laws (Honours)

[40129] Bachelor of Innovation and Entrepreneurship/Bachelor of Laws (Honours)

[40130] Bachelor of Development Studies/Bachelor of Laws (Honours)

[40150] Bachelor of Arts/Bachelor of Laws (Honours)

[40188] Bachelor of Global Indigenous Studies/Bachelor of Laws (Honours)

[40189] Bachelor of Science/Bachelor of Laws (Honours)

[40272] Bachelor of Criminology/Bachelor of Laws (Honours)

[40279] Bachelor of Coastal and Marine Science/Bachelor of Laws (Honours)

[40280] Bachelor of Biomedicine/Bachelor of Laws (Honours)

[40290] Bachelor of Psychological Science/Bachelor of Laws (Honours)

[50005] Bachelor of Media and Communication/Bachelor of Laws (Honours)

[50016] Juris Doctor

Assumed knowledge

LAWS6000 Legal System and Method I, and LAWS6001 Legal System and Method II

LAWS6002A Torts Part A, or LAWS6120 Torts I

LAWS6002B Torts Part B, or LAWS6121 Torts II

LAWS6003A & LAWS6003B Criminal Law & Procedure Part A & B, or LAWS6130 Criminal Law & Procedure

LAWS6004A Contracts Part A, or LAWS6140 Contracts I

LAWS6004B Contracts Part B, or LAWS6141 Contracts II

Assessment items

Essay: Research Essay

Written Assignment: Tutorial paper

Quiz: In Class Quiz

Course outline

Course outline not yet available.