Students

LAWS805 – Theories of Law and Justice

2014 – S2 Day

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff Unit Convenor
Denise Meyerson
denise.meyerson@mq.edu.au
Contact via denise.meyerson@mq.edu.au
W3A, 535
Monday, 12 - 1 pm
Carlos Bernal-Pulido
carlos.bernal-pulido@mq.edu.au
Credit points Credit points
4
Prerequisites Prerequisites
Admission to JD
Corequisites Corequisites
Co-badged status Co-badged status
Unit description Unit description
In this unit students will consider the central topics of jurisprudence. This involves a rigorous and critical analysis of the nature of law, legal reasoning and judicial decision-making. Debates about the legitimate purpose of the state in redressing socio-economic inequality and whether there is a need for 'rights' are provoked by this analysis. Written and verbal reasoning skills are a focus of development.

Important Academic Dates

Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates

Learning Outcomes

On successful completion of this unit, you will be able to:

  • Analyse the issues at stake in debates about the nature of law, legal reasoning and adjudication.
  • Assess the strengths and weaknesses of different theories about the nature of law, legal reasoning and adjudication.
  • Critique legal arrangements and institutions from the normative perspective.
  • Apply knowledge of theoretical debates in jurisprudence in assessing the reasoning in legal cases and answering hypothetical problems.
  • Communicate using clear and cogent arguments both orally and in writing.

General Assessment Information

When a student suffers a disruption to study which is ‘serious and unavoidable’ they may apply for special consideration. In order to do so the student must meet the criteria under the Macquarie University "Disruption to Studies" policy and be approved by the Unit Convenor.  Applications are made online at ask.mq.edu.au. Outcomes for recognized serious and unavoidable disruptions to studies are as set out in the University schedule - http://www.mq.edu.au/policy/docs/disruption_studies/schedule_outcomes.html

When a disruption to study is not serious or unavoidable, the approach to special consideration and the impact on your assessment will be as follows.

  1. Marked Attendance for tutorial: Internal students may miss two tutorials without excuse. An internal student who misses more than two tutorials or an external student who misses part or all of the on-campus session must provide a valid reason for the non-attendance, supported by appropriate documentation.
  2. Graded Participation for tutorial: An internal student who has a valid and documented reason for missing more than two tutorials or an external student who has a valid and documented reason for missing part or all of the on-campus session will be required to provide work in lieu.
  3. Final Examination (absence): no special consideration; grade of zero.
  4. Final Examination (performance affected): no special consideration.
  5. Final Examination (preparation affected): no special consideration.
  6. Assessment Task (other than final examination) (preparation affected): no special consideration.
  7. Assessment (other than final examination) (late submission): no special consideration; grade of zero.
  8. Assessment (other than final exam) (ongoing impact on performance): consideration will be given to the following: extension of time to complete an assessment task; provision of an additional assessment task; recommendation to withdraw.

Assessment Tasks

Name Weighting Due
Class participation 20% Ongoing
Research paper 45% 13 October 2014
Submission to Parliament 35% 14 November, 2014

Class participation

Due: Ongoing
Weighting: 20%

Students should have read all the required readings for each week and be prepared to discuss the seminar questions for that week. Class participation marks will be based on frequency and quality of contribution to discussion; evidence of preparation for the seminars: and performance in specific tasks assinged by the tutor. A more detailed description of the assessment criteria is available on i-learn. MERE ATTENDANCE AT SEMINARS WILL NOT ATTRACT ANY MARKS.

Internal students are required to attend at least 10 of the seminars. There will be three on-campus sessions for external students, on 4 October, 5 October and 2 November. Esternal students are required to attend the on-campus sessions on at least two of these days.

An internal student who attends fewer than 10 seminars or an external student who fails to attend two days of on-campus tuition will receive a mark of zero for class participation unless:

the student has a valid reason for non-attendance;

has provided appropriate documentation;

and has ALSO submitted work in lieu for the missed seminars/on-campus session.
On successful completion you will be able to:
  • Analyse the issues at stake in debates about the nature of law, legal reasoning and adjudication.
  • Assess the strengths and weaknesses of different theories about the nature of law, legal reasoning and adjudication.
  • Critique legal arrangements and institutions from the normative perspective.
  • Apply knowledge of theoretical debates in jurisprudence in assessing the reasoning in legal cases and answering hypothetical problems.
  • Communicate using clear and cogent arguments both orally and in writing.

Research paper

Due: 13 October 2014
Weighting: 45%

Students will be required to write a research paper on the nature of legal reasoning.

The word limit for this assignment is 3000 words.
On successful completion you will be able to:
  • Analyse the issues at stake in debates about the nature of law, legal reasoning and adjudication.
  • Assess the strengths and weaknesses of different theories about the nature of law, legal reasoning and adjudication.
  • Apply knowledge of theoretical debates in jurisprudence in assessing the reasoning in legal cases and answering hypothetical problems.
  • Communicate using clear and cogent arguments both orally and in writing.

Submission to Parliament

Due: 14 November, 2014
Weighting: 35%

This assignment will require students to apply relevant theoretical frameworks in making a submission to Parliament on a hypothetical bill.

The word limit for this assignment is 2000 words.
On successful completion you will be able to:
  • Critique legal arrangements and institutions from the normative perspective.
  • Apply knowledge of theoretical debates in jurisprudence in assessing the reasoning in legal cases and answering hypothetical problems.
  • Communicate using clear and cogent arguments both orally and in writing.

Delivery and Resources

Technology used

This unit will use i-learn and ECHO lectures. Students will be required to interact with online research databases and web-based research tools.

Classes

All lecture material will be pre-recorded and available on the i-learn site. There will be one seminar per week for internal students (90 minutes each) and three on-campus days for external students (6 hours per day).

For further details about dates, times and venues, please consult the MQ Timetables website: http://www.timetables.mq.edu.au

Internal students must attend at least 10 seminars and submit all assignments. External students must attend at least 2 days of on-campus sessions and submit all assignments.

Required and recommended resources

Prescribed text

Denise Meyerson, Jurisprudence (Oxford University Press, 2011).

Other essential reading and supplementary reading

Details available on the i-learn site for LAWS805.

Unit Schedule

Week

Lecture

 

Seminar

Assessment

1

Introduction to Jurisprudence

None

None

2

Law and force: Austin vs Hart

Introduction to Jurisprudence

Class participation

3

Contemporary Positivism

Law and force: Austin vs Hart

Class participation

4

Natural Law Theory

Contemporary Positivism

Class participation.

5

Adjudication I: Formalism vs Purposivism

Natural Law Theory

Class participation

6

Adjudication II: Hart vs Dworkin

Adjudication I: Formalism vs Purposivism

Class participation

7

Realism and the Economic Analysis of Law

Adjudication II: Hart vs Dworkin

Class participation

Semester Break

8

Critical perspectives on the law

Realism and the Economic Analysis of Law Class participation  

9

Rights

Critical perspectives on the law

Class participation; research paper

 

10

Freedom

Rights

Class participation

 

11

Inequality

Freedom

Class participation

 

12

Difference

Inequality

Class participation

 

13

 None

Difference

Class participation; submission to Parliament

 

 

Policies and Procedures

Macquarie University policies and procedures are accessible from Policy Central. Students should be aware of the following policies in particular with regard to Learning and Teaching:

Academic Honesty Policy http://mq.edu.au/policy/docs/academic_honesty/policy.html

Assessment Policy  http://mq.edu.au/policy/docs/assessment/policy.html

Grading Policy http://mq.edu.au/policy/docs/grading/policy.html

Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html

Grievance Management Policy http://mq.edu.au/policy/docs/grievance_management/policy.html

Disruption to Studies Policy http://www.mq.edu.au/policy/docs/disruption_studies/policy.html The Disruption to Studies Policy is effective from March 3 2014 and replaces the Special Consideration Policy.

In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.

Student Code of Conduct

Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/

Macquarie Law School Assessment Policy

In the absence of a successful application for special consideration following a 'Disruption to Studies', late assessments will not be marked and will receive a grade of 0.

Word limits will be strictly applied.

Referencing should comply with the Australian Guide to Legal Citation, unless otherwise stated.

All written assigments require submission through Turnitin.

Student Support

Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/

Learning Skills

Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.

Student Services and Support

Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.

Student Enquiries

For all student enquiries, visit Student Connect at ask.mq.edu.au

IT Help

For help with University computer systems and technology, visit http://informatics.mq.edu.au/help/. 

When using the University's IT, you must adhere to the Acceptable Use Policy. The policy applies to all who connect to the MQ network including students.

Graduate Capabilities

PG - Discipline Knowledge and Skills

Our postgraduates will be able to demonstrate a significantly enhanced depth and breadth of knowledge, scholarly understanding, and specific subject content knowledge in their chosen fields.

This graduate capability is supported by:

Learning outcomes

  • Analyse the issues at stake in debates about the nature of law, legal reasoning and adjudication.
  • Assess the strengths and weaknesses of different theories about the nature of law, legal reasoning and adjudication.
  • Critique legal arrangements and institutions from the normative perspective.
  • Apply knowledge of theoretical debates in jurisprudence in assessing the reasoning in legal cases and answering hypothetical problems.

Assessment tasks

  • Class participation
  • Research paper
  • Submission to Parliament

PG - Critical, Analytical and Integrative Thinking

Our postgraduates will be capable of utilising and reflecting on prior knowledge and experience, of applying higher level critical thinking skills, and of integrating and synthesising learning and knowledge from a range of sources and environments. A characteristic of this form of thinking is the generation of new, professionally oriented knowledge through personal or group-based critique of practice and theory.

This graduate capability is supported by:

Learning outcomes

  • Analyse the issues at stake in debates about the nature of law, legal reasoning and adjudication.
  • Assess the strengths and weaknesses of different theories about the nature of law, legal reasoning and adjudication.
  • Critique legal arrangements and institutions from the normative perspective.
  • Apply knowledge of theoretical debates in jurisprudence in assessing the reasoning in legal cases and answering hypothetical problems.

Assessment tasks

  • Class participation
  • Research paper
  • Submission to Parliament

PG - Research and Problem Solving Capability

Our postgraduates will be capable of systematic enquiry; able to use research skills to create new knowledge that can be applied to real world issues, or contribute to a field of study or practice to enhance society. They will be capable of creative questioning, problem finding and problem solving.

This graduate capability is supported by:

Learning outcomes

  • Critique legal arrangements and institutions from the normative perspective.
  • Apply knowledge of theoretical debates in jurisprudence in assessing the reasoning in legal cases and answering hypothetical problems.

Assessment tasks

  • Research paper
  • Submission to Parliament

PG - Effective Communication

Our postgraduates will be able to communicate effectively and convey their views to different social, cultural, and professional audiences. They will be able to use a variety of technologically supported media to communicate with empathy using a range of written, spoken or visual formats.

This graduate capability is supported by:

Learning outcomes

  • Assess the strengths and weaknesses of different theories about the nature of law, legal reasoning and adjudication.
  • Critique legal arrangements and institutions from the normative perspective.
  • Apply knowledge of theoretical debates in jurisprudence in assessing the reasoning in legal cases and answering hypothetical problems.
  • Communicate using clear and cogent arguments both orally and in writing.

Assessment tasks

  • Class participation
  • Research paper
  • Submission to Parliament

PG - Engaged and Responsible, Active and Ethical Citizens

Our postgraduates will be ethically aware and capable of confident transformative action in relation to their professional responsibilities and the wider community. They will have a sense of connectedness with others and country and have a sense of mutual obligation. They will be able to appreciate the impact of their professional roles for social justice and inclusion related to national and global issues

This graduate capability is supported by:

Learning outcomes

  • Critique legal arrangements and institutions from the normative perspective.
  • Apply knowledge of theoretical debates in jurisprudence in assessing the reasoning in legal cases and answering hypothetical problems.

Assessment tasks

  • Class participation
  • Submission to Parliament

Changes since First Published

Date Description
16/07/2014 Additional information provided with respect to disruption to studies and special consideration