76008 Jurisprudence

Description

This subject deals with theoretical questions that are relevant to an understanding of the notion of law. It considers theoretical answers to questions such as: What is law? What is the purpose of law? The subject explores questions that, whilst ancient, continue to have relevance today: Is there a higher law than state made law? What if the law tells us to do something wrong? Should we obey a bad law? The subject engages with different philosophical approaches including sociology, feminism, deconstruction, and law and literature. These different approaches ask different questions and give different answers. These theories are compared and considered in the context of current legal issues.

The subject also provides students with skills to understand and critically apply theory. Theory is essential to the law. Theory gives a way of thinking about issues differently. This is particularly important when a legal problem appears to be insurmountable. Theory offers the possibility of imagining the world differently.

Students apply skills of analysis, research, communication and critical thinking – learning to not only evaluate and synthesise information, but also to critique legal and academic arguments. Students engage in a rigorous process of reading and discussion that includes some of the most fascinating and thought provoking philosophy, jurisprudence, as well as judgments and other legal documents and legal events. Students develop their capacity to communicate understanding of the concepts and critiques of the materials by presenting their ideas in seminars and through written assessment.