Students
LAWS805 – Theories of Law and Justice
2018 – S2 External
General Information
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| Unit convenor and teaching staff |
Unit convenor and teaching staff
Convenor
Sarah Sorial
Contact via 9850 4069
W3A 440
Wednesday 10-11am
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| Credit points |
Credit points
4
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| Prerequisites |
Prerequisites
((Admission after 2014 to GradCertLaw or GradDipLaw or JD) and corequisite LAWS600) or (admission to JD in 2014) or (admission to LLM)
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| Corequisites |
Corequisites
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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:
- 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.
- Participate constructively in discussion and other classroom activities in order to understand, analyse and critique central debate in jurisprudence and law from a normative perspective.
Assessment Tasks
| Name | Weighting | Hurdle | Due |
|---|---|---|---|
| Class participation | 10% | No | Ongoing |
| Assessment 1 | 40% | No | 24 September 11:59 pm |
| Assessment 2 | 50% | No | 09 November 11:59 |
Class participation
Due: Ongoing
Weighting: 10%
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 assigned by the tutor. Mere attendance at tutorials is not sufficient to attract marks.
Internal students are required to attend at least 10 of the seminars. External students are required to attend each day of the on-campus session https://timetables.mq.edu.au/2018/Reports/List.aspx
An internal student who attends fewer than 10 seminars or an external student who fails to attend all/part of the on-campus session without a successful application for disruption will have marks deducted for class participation at the discretion of their convenor.
Applications for disruption should be made through AskMQ (ask.mq.edu.au). They should comply with the disruption to studies policy and procedure, to be found at: http://students.mq.edu.au/student_admin/manage_your_study_program/disruption_to_studies/
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.
- Participate constructively in discussion and other classroom activities in order to understand, analyse and critique central debate in jurisprudence and law from a normative perspective.
Assessment 1
Due: 24 September 11:59 pm
Weighting: 40%
Students will be required to write a research paper. Questions will be released on iLearn by the end of week 5.
The word limit for this assignment is 2500 words. Footnotes and the bibliography are not included in the word limit. Students should abide by AGLC3.
NOTE: The due date for external students only is 30 September 2018 at 11:59pm. This is to reflect the fact that the OCS for external students starts on 17 September 2018.
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.
Assessment 2
Due: 09 November 11:59
Weighting: 50%
Students will be required to answer two essay questions, each 1200 words in length. Questions will be released on iLearn on 5 November (beginning of week 13). Students will have 5 days to complete the assessment.
The word limit for this assignment is 2400 words. Footnotes and the bibliography are not included in the word limit.Students should abide by AGLC3.
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 1: WHAT IS JURISPRUDENCE AND WHY STUDY IT?
Week 2: LAW AND FORCE — AUSTIN VERSUS HART
Week 3: CONTEMPORARY POSITIVISM
Week 4: NATURAL LAW THEORIES
Week 5: ADJUDICATION I: FORMALISM VS PURPOSIVISM
Week 6: ADJUDICATION II: HART VERSUS DWORKIN
Week 7: AMERICAN REALISM AND THE ECONOMIC ANALYSIS OF LAW
Assessment 1 Due: 24 Sept. 11:59pm. External students only is 30 September 2018 at 11:59pm. This is to reflect the fact that the OCS for external students starts on 17 September.
Semester Break (17 Sept. - 1 Oct.)
Week 8: CRITICAL PERSPECTIVES ON THE LAW
Week 9: RIGHTS
Week 10: FREEDOM
Week 11: INEQUALITY
Week 12: DIFFERENCE
Week 13: TAKE HOME EXAM
Assessment 2 Due: 9 Nov. 11:59pm.
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.)
Undergraduate 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 shown in iLearn, 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.
Unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply – two (2) marks out of 100 will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted more than seven (7) days (incl. weekends) after the original submission deadline. No late submissions will be accepted for timed assessments – e.g. quizzes, online tests.
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://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.
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.
- Participate constructively in discussion and other classroom activities in order to understand, analyse and critique central debate in jurisprudence and law from a normative perspective.
Assessment tasks
- Class participation
- Assessment 1
- Assessment 2
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.
- Participate constructively in discussion and other classroom activities in order to understand, analyse and critique central debate in jurisprudence and law from a normative perspective.
Assessment tasks
- Class participation
- Assessment 1
- Assessment 2
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
- Assessment 1
- Assessment 2
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.
- Participate constructively in discussion and other classroom activities in order to understand, analyse and critique central debate in jurisprudence and law from a normative perspective.
Assessment tasks
- Class participation
- Assessment 1
- Assessment 2
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
- Assessment 2