Introduction
This unit introduces students to the major theories of law and key debates on what the content of the law ought to be. The aim of this unit is to encourage students to think critically about the characteristics of law, the social forces that shape the law and the powers judges exercise. The unit provides a detailed introduction and analysis of leading theories of law such as Positivism, Natural Law, Realism, Interpretivism and related theories such as Law and Economics, Justice and critical approaches to the formation and operation of law.
Summary 2021
| Unit name | Legal Theory |
|---|---|
| Unit code | LAW261 |
| Credit points | 12.5 |
| Faculty/School | College of Arts, Law and Education Faculty of Law |
| Discipline | Law |
| Available as student elective? | Yes |
| Breadth Unit? | No |
Availability
Note
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TNE Program units special approval requirements.
* 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).
Learning Outcomes
- Describe, understand and critically reflect upon the key debates about the formation and operation of law.
- Describe, understand and critically reflect upon major theories of law arising from the Western tradition of legal theory.
- Critically apply theories of law in analysing legal policy issues in the modern context.
- Prepare and present cogent arguments in writing regarding the theoretical basis of law.
Fees
Requisites
Prerequisites
50 credit points of Introductory Law core or (LAW121 and LAW122)
Mutual Exclusions
You cannot enrol in this unit as well as the following:
LAW453
Teaching
| Teaching Pattern | Weekly Seminar (2 hours) |
|---|---|
| Assessment | Task 1: Test, 50 minutes (20%) Task 2: Essay, 2200 words (40%) Task 3: Judgement writing task, 2500 words (40%) |
| Timetable | View the lecture timetable | View the full unit timetable |
Textbooks
| Required | None |
|---|
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