78240 Western Legal Theory
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Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ( 78101c Postgraduate Legal Research OR ((22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies OR 22 credit points of completed study in C04147 Master of Legal Studies OR 22 credit points of completed study in C07074 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04264 Master of Legal Studies)) OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
There are course requisites for this subject. See access conditions.
Description
This subject provides students with a holistic appreciation of the Western legal environment by studying a collection of ideas concerning the nature of the law. This subject deals with theoretical questions that are relevant to an understanding of the notion of law (e.g. what is the law of the state?, is there any other command, convention or the like that can also be called 'law'?). It also includes a discussion of different approaches to the study of law (e.g. philosophical, sociological, historical, analytic, international, comparative) to determine its derivation, nature and function, as well as a discussion of the doctrines and techniques of legal analysis and evaluation. The various approaches are compared and criticised in the context of sociopolitical problems, conflicts and other phenomena. Topics include sovereignty and the law, legal rights and duties, and law and ideology. Their treatment in the common law is examined.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | understand various theoretical approaches including classical theory, positivism and modern legal theory; |
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| 2. | critically evaluate the quality of the research relied upon; |
| 3. | undertake an independent research project applying theories to a legal issue; |
| 4. | integrate theoretical insights with practical issues. |
Content (topics)
1 Natural Law
2 Positivism
3 American Realism
4 Critical legal studies
5 Feminist juriprudence
6 Economic analysis of law
7 Sociological jurisprudence
8 Law and Emotion
9 Law and literature
10 Post-structuralism
Assessment
Assessment task 1: Class Participation
| Weight: | 20% |
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Assessment task 2: Short Essay
| Weight: | 30% |
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| Length: | 1500 words |
Assessment task 3: Essay
| Weight: | 50% |
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| Length: | 4500 words |
