LAW4137 · Legal philosophy

Overview

You will study the major contemporary theories of law and legal reasoning (positivism, natural law, interpretivism, realism), and the main lines of debates between them. These debates concern the nature and foundations of law, the relationship between law and justice, the nature of legal reasoning and the role of value-judgments and creativity in judicial decision-making, the nature of rights and duties, and judicial activism and fidelity to law. You will also study how philosophical debates about these issues illuminate actual controversies in the practical administration of legal systems.

Offerings

Assessment

The Handbook does not list a final examination among the assessment items. That is not a guarantee there is none.

Assessment details may change. Please refer to the assessment information in Moodle closer to the start of the teaching period.

Requisites

The Handbook lists no prerequisite, corequisite or prohibition for this unit.

Learning outcomes

1. Articulate and critically assess the major theories of the nature of law and legal reasoning, demonstrating sophisticated awareness of the main lines of debate.
2. Demonstrate cognitive and creative skills in analysing the complex issues and the capacity to draw and defend well-reasoned conclusions.
3. Understand actual controversies in the practical administration of legal systems and in private law doctrines.
4. Work collaboratively as part of a team to participate effectively in complex legal debates.
5. Communicate logically, coherently and persuasively to a range of audiences.

Workload

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

Student experience, not official rules. Nothing here changes what the Handbook says.