Compulsory core unit for students in Law degrees, who commenced in 2013 or later, with course codes: 63I, 63J, 63K, 63L, 63M, 63N, 63O, 63P, 63Q, 63R and 63Y.
Introduces students to moral debates about what the content of the law ought to be and to some of the major theories of law, such as Natural Law, Positivism and Realism and some of the most influential modern theories, including those of Professors Hart and Dworkin. The aim is to encourage students to think about the possible justifications for law and for the powers judges exercise. The unit is divided into two parts: (a) a consideration of whether the criminal law should be used to enforce morality or to prevent harm, leading to a consideration of whether the state should seek to make people morally better or to implement a vision of the good life; and (b) an analysis of theories of law including Natural Law, Positivism and Dworkin's theory by examining the types of justification which they give for judicial decisions especially in hard cases.
|Unit name||Legal Theory|
|Faculty/School||College of Arts, Law & Education
Faculty of Law
Dr Jeffery McGee
Dr Jeffery McGee
|Available as student elective?||No|
|Location||Study period||Attendance options||Available to|
- International students
- Domestic students
Please check you System Requirements if you are attending via Distance/Off-Campus.
Units are offered in attending mode unless otherwise indicated (that is attendance is required at the campus identified). A unit identified as offered by distance, that is there is no requirement for attendance, is identified with a nominal enrolment campus. A unit offered to both attending students and by distance from the same campus is identified as having both modes of study.
Special approval is required for enrolment into TNE Program units.
|Study Period||Start date||Census date||WW date||End date|
* The Final WW Date is the final date from which you can withdraw from the unit without academic penalty, however you will still incur a financial liability (see withdrawal dates explained for more information).
Unit census dates currently displaying for 2018 are indicative and subject to change. Finalised census dates for 2018 will be available from the 1st October 2017.
|Band||CSP Student Contribution||Full Fee Paying (domestic)||Field of Education|
|3||2018: $1,344.00||2018: $1,615.00||090900|
Fees for next year will be published in October. The fees above only apply for the year shown.
Please note: international students should refer to this page to get an indicative course cost.
LAW305 OR LAW351 AND LAW354 AND LAW353 AND LAW352 OR LAW307 AND LAW306 AND LAW323 AND LAW324.
You cannot enrol in this unit as well as the following:
2 lectures/seminars and 1 tutorial per fortnight.
1 essay (50%) + formal examination (40%) + class participation (10%)
|Timetable||View the lecture timetable | View the full unit timetable|
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