76008 Jurisprudence (UG)

Requisite(s): 70311 Law of Torts

There are also course requisites for this subject. See access conditions.

Jurisprudence is the name we give to a wide range of disparate theories about the law. Jurisprudence aims to introduce students to the deeper complexity of law and to show its interconnectedness to other disciplines. Students consider traditional and emerging critiques of legality both in the abstract and applied to specific examples. The subject introduces various theoretical perspectives of the law. We commence by considering whether or not there is a law beyond the law. This considers whether or not morality, religion or nature provides a framework beyond the law. How should we respond to an unjust law? Do we have a duty to obey?

Students consider modern and postmodern theoretical perspectives: does it matter who the judge is? Does your race or gender have an impact on legal decisions? Students also explore sociological perspectives, combining theoretical analysis with empirical explorations; should the law take sociological research into account or are they separate discourses?

Jurisprudence also looks at the historical exclusion of emotion from law. Part of the legitimacy of the law rests on claims of reason and objectivity and the exclusion of emotions and subjectivity from decision-making. Recently, theorists have considered the relevance of emotion to the law, ranging from the construction of laws, legal decision-making, to the experiences of witnesses.

Theory is essential to law. Theory gives us a way of thinking about issues differently. It is particularly valuable when a legal problem appears to be insurmountable. Theory offers the possibility of imagining the world differently.