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 Professor Hart and Austin.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 three modules: (i) the purpose and value of Legal Theory (ii) analysis of theories of law including Natural Law, Positivism and Realism, by examining the types of justification which they give for judicial decisions especially in hard cases (iii) an analysis of critical theories of law and the legal system.
|Unit name||Legal Theory|
|College/School||College of Arts, Law and Education
Faculty of Law
|Coordinator||Mr Martin Clark|
|Available as student elective?||No|
|Location||Study period||Attendance options||Available to|
- International students
- Domestic students
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|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 2022 are indicative and subject to change. Finalised census dates for 2022 will be available from the 1st October 2021.
- 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 jurisprudence
- critically apply theories of law in analysing legal policy issues in the modern context
- prepare and present cogent arguments regarding the theoretical basis of law in writing
|Field of Education||Commencing Student Contribution 1||Grandfathered Student Contribution 1||Approved Pathway Course Student Contribution 2||Domestic Full Fee|
1 Please refer here more information on student contribution amounts.
2 Information on eligibility and Approved Pathway courses can be found here
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PrerequisitesLAW305 - Corporations Law 1) AND ((LAW351 - Criminal Law A AND LAW352 - Criminal Law B and Criminal Procedure AND LAW353 - Equity and Trusts AND LAW354 - Property Law) OR (LAW324 - Property Law B AND LAW306 - Constitutional Law 2 AND LAW307 - Trusts AND LAW323 - Property Law A)
|Assessment||Examination - invigilated (externally - Exams Office) (30%)|Abstract (30%)|Examination - invigilated (externally - Exams Office) (40%)|
|Timetable||View the lecture timetable | View the full unit timetable|
Required readings will be listed in the unit outline prior to the start of classes.
|Links||Booktopia textbook finder|
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