Students
LAWS8005 – Theories of Law and Justice
2020 – Session 3, Intensive attendance, North Ryde
Notice
As part of Phase 3 of our return to campus plan, most units will now run tutorials, seminars and other small group learning activities on campus for the second half-year, while keeping an online version available for those students unable to return or those who choose to continue their studies online.
To check the availability of face to face activities for your unit, please go to timetable viewer. To check detailed information on unit assessments visit your unit's iLearn space or consult your unit convenor.
General Information
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| Unit convenor and teaching staff |
Unit convenor and teaching staff
Michael Mitchell
Sarah Sorial
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|---|---|
| Credit points |
Credit points
10
|
| Prerequisites |
Prerequisites
Admission to GradCertLaw or GradDipLaw or JD
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| Corequisites |
Corequisites
LAWS8001 or LAWS600 or admission to JD in 2014
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| Co-badged status |
Co-badged status
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| 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.
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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:
- ULO1: Analyse the issues at stake in debates about the nature of law, legal reasoning and adjudication.
- ULO2: Assess the strengths and weaknesses of different theories about the nature of law, legal reasoning and adjudication.
- ULO3: Critique legal arrangements and institutions from the normative perspective.
- ULO4: Apply knowledge of theoretical debates in jurisprudence in assessing the reasoning in legal cases and answering hypothetical problems.
General Assessment Information
1. Essay.
The word limit for this assignment is 2000 words (footnotes and the bibliography are not included in the word limit). Students should adhere to AGLC4). Essay questions will be available in week 1.
2. Take Home Exam
Students will be required to answer four questions based on the materials in the second half of the course. Each answer is 500 words in length. Questions will be released on iLearn on Monday 11 January 2021. Students will have 5 days to complete the assessment.
The word limit for this assignment is 2000 words. Footnotes and the bibliography are not included in the word limit. Students should abide by AGLC4.
3. Quizzes
Class participation for this subject will be assessed by TWO multiple choice quizzes, to be attempted any time during week 3 and week 5. Each quiz will consist of 10 questions, each worth one mark. There is a total of 10 marks per quiz. You will have 15 minutes to complete the quiz from the time you open it.
The quiz is designed to test your comprehension of the texts set for study and your engagement with the course materials. If you attend classes each week, do the readings and listen to the lectures, the quizzes will be very straightforward.
Assessment Tasks
| Name | Weighting | Hurdle | Due |
|---|---|---|---|
| Take-home exam | 40% | No | Week 5, Friday 15 January |
| Essay | 40% | No | Monday 28 December 2020 |
| Quizzes | 20% | No | Weeks 3 & 5 |
Take-home exam
Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 25 hours
Due: Week 5, Friday 15 January
Weighting: 40%
The exam will test comprehension of course content and critical reasoning skills
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.
Essay
Assessment Type 1: Essay
Indicative Time on Task 2: 25 hours
Due: Monday 28 December 2020
Weighting: 40%
Students will be required to write a research paper.
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.
Quizzes
Assessment Type 1: Participatory task
Indicative Time on Task 2: 1 hours
Due: Weeks 3 & 5
Weighting: 20%
Participation is assessed via 2 online multiple choice quizzes
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.
1 If you need help with your assignment, please contact:
- the academic teaching staff in your unit for guidance in understanding or completing this type of assessment
- the Writing Centre for academic skills support.
2 Indicative time-on-task is an estimate of the time required for completion of the assessment task and is subject to individual variation
Delivery and Resources
The main textbook for this unit is: Denise Meyerson, Jurisprudence, Oxford University Press, 2011. All other reading material will be available from Leganto, which you can access via the iLearn site.
Unit Schedule
Week 1: Introduction to Jurisprudence
Week 1: Law and Force: Austin v Hart
Week 1: Contemporary Positivism
Week 2: Natural Law Theory
Week 2: Adjudication I: Formalism v Purposivism
Week 2: Adjudication II: Hart v Dworkin
Week 3: Realism and Critical Perspectives (Quiz 1)
Week 3: Difference
Week 3: Rights
RECESS 21 December 2020 - 4 January 2021 (ESSAY DUE Monday 28 December 2020)
Week 4: Freedom
Week 4: Inequality (Quiz 2)
Week 4: Civil Disobedience
Week 5: (Quiz 2) and Take Home Exam (Due Friday 15 January 2021).
Policies and Procedures
Macquarie University policies and procedures are accessible from Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central). Students should be aware of the following policies in particular with regard to Learning and Teaching:
- Academic Appeals Policy
- Academic Integrity Policy
- Academic Progression Policy
- Assessment Policy
- Fitness to Practice Procedure
- Grade Appeal Policy
- Complaint Management Procedure for Students and Members of the Public
- Special Consideration Policy (Note: The Special Consideration Policy is effective from 4 December 2017 and replaces the Disruption to Studies Policy.)
Students seeking more policy resources can visit the Student Policy Gateway (https://students.mq.edu.au/support/study/student-policy-gateway). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.
If you would like to see all the policies relevant to Learning and Teaching visit Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/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/study/getting-started/student-conduct
Results
Results published on platform other than eStudent, (eg. iLearn, Coursera etc.) or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au or if you are a Global MBA student contact globalmba.support@mq.edu.au
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 help you improve your marks and take control of your study.
The Library provides online and face to face support to help you find and use relevant information resources.
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
If you are a Global MBA student contact globalmba.support@mq.edu.au
IT Help
For help with University computer systems and technology, visit http://www.mq.edu.au/about_us/offices_and_units/information_technology/help/.
When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.