The University of Newcastle, Australia
Available in 2019
Course code

LAWS6023

Units

10 units

Level

6000 level

Course handbook

Description

This course is different from the other courses that make up the JD 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 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 boarder 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.


Availability2019 Course Timetables

Newcastle City Precinct

  • Semester 1 - 2019

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 Juris Doctor/ Graduate Diploma in Legal Practice program.


Assumed knowledge

LAWS6023JurisprudenceThis course is different from the other courses that make up the JD 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 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 boarder 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.FBUSLFaculty of Business and Law341Newcastle Law School1060005940Semester 1 - 2019NCLE_CITYNewcastle City Precinct2019LAWS 6000, LAWS6001, LAWS6002A, LAWS6002B, LAWS6003A, LAWS6003B, LAWS6004A, LAWS6004B.Topics in this course include:Introduction to Jurisprudence'Legal PositivismNatural Law Theory and Anti PositivismInterpretivismRights and the lawJustice and the lawLegal realismCritical theories of lawfemisist legal theoryEconomic theories of law NOn successful completion of this course, students will be able to:1Demonstrate 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.2Critically and with integrated understanding evaluate multiple and contrasting perspectives on law and engage in open-minded academic discussion of them in an applied context.3Critically and with integrated understanding analyse the relationship between law and society from a variety of jurisprudential perspectives.4Critically and with integrated understanding reflect on the significance of conceptions of rights and justice to the operation of law.5Conduct advanced research, exploring primary and secondary materials and provide critical and integrated analysis of problems, questions and theoretical propositions.6Prepare and present persuasive arguments, orally and in writing, and make productive contributions to class discussions. This course is only available to students enrolled in the Juris Doctor/ Graduate Diploma in Legal Practice program.Essay: Research EssayWritten Assignment: Tutorial paperFormal Examination: Open Book Examination Newcastle City PrecinctSeminarFace to Face On Campus3hour(s)per Week for0Full Term0


Assessment items

Essay: Research Essay

Written Assignment: Tutorial paper

Formal Examination: Open Book Examination


Contact hours

Newcastle City Precinct

Seminar

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