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LAW5224 Advanced Theories of Law

Interim Trimester 3, 2023 Online
Units : 1
School or Department : School of Law and Justice
Grading basis : Graded
Course fee schedule : /current-students/administration/fees/fee-schedules

Staffing

Course Coordinator:

Requisites

Pre-requisite: LAW5111 and (LAW5114 or LAW5115 or HIS5115)

Overview

This is a core course in the Juris Doctor. It ensures that, in accordance with threshold learning outcomes, students learn broader contexts of law. These include political, social and philosophical contexts in which legal issues arise.

The course provides students with opportunities to learn theories of what law is and what law should be. It includes the learning of theories of how law changes in relation to society, and theories of justice.

While most law courses submerge students in the technical rules of various aspects of the law, this course places the law in the context of philosophies which critique the basis of those rules. Students will study various bodies of thought that have in the past influenced legal thinking, including legal positivism, natural law, feminist, realist and critical theories of law, and liberal, social and radical political theories. Against the background of classical and modern natural law theories, consideration will also be given to philosophies of virtue and character - particularly as applicable to lawyers.

Course learning outcomes

On successful completion of this course, students should be able to:

  1. Demonstrate an advanced and integrated understanding [explain, apply and evaluate] of a complex body of knowledge [relevant to theories of law], and underlying principles and concepts; the broader contexts within which legal issues arise [in legal philosophy] and of the principles and values of justice and of ethical practice in lawyers’ roles; and contemporary developments in law, and its professional practice (PO1/TLO1).
  2. Demonstrate an ability to recognise and reflect upon the professional responsibilities of lawyers in promoting justice and in service to the community (PO2/TLO2).
  3. Identify and articulate complex legal issues [related to theories of law]; [comprehend legal and other materials including philosophical and sociological analyses of law]; engage in critical analysis and make reasoned and appropriate choices amongst alternatives; and demonstrate sophisticated cognitive and creative skills in approaching legal issues and generating appropriate responses (PO3/TLO3).
  4. Demonstrate the intellectual and practical skills needed to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions, as well as to identify, research in an ethical manner, evaluate and synthesise factual, legal and policy issues [relevant to theories of law] (PO4/TLO4).
  5. Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences (PO5/TLO5).

Topics

Description Weighting(%)
1. Introduction to legal theory 5.00
2. British legal positivism 10.00
3. Germanic legal positivism 10.00
4. American legal realism 10.00
5. Natural law – classical and Christian 5.00
6. Natural law - modern 5.00
7. Modern virtue ethics in legal practice 10.00
8. Social theories of law and justice 10.00
9. Therapeutic jurisprudence 5.00
10. Evolutionary theories of law 10.00
11. Liberalism and rights 10.00
12. Postmodern and feminist theories of law and justice 10.00

Text and materials required to be purchased or accessed

Ratnapala, S 2017, Jurisprudence, 3rd edn, Cambridge ¾«¶«´«Ã½app Press, Melbourne, Victoria.

Student workload expectations

To do well in this subject, students are expected to commit approximately 10 hours per week including class contact hours, independent study, and all assessment tasks. If you are undertaking additional activities, which may include placements and residential schools, the weekly workload hours may vary.

Assessment details

Approach Type Description Group
Assessment
Weighting (%) Course learning outcomes
Assignments Written Essay 1 No 35 1,2,3,4,5
Assignments Written Essay 2 No 35 1,2,3,4,5
Assignments Written Essay 3 No 30 1,2,3,5
Date printed 9 February 2024