76008 Jurisprudence
Warning: The information on this page is indicative. The subject outline for a
particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2024 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ( 70311 Torts OR ((76006c Public International Law OR 70108c Public International Law OR 76110c Introduction to Public International Law) AND 70110 Introduction to Law) OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Description
This subject deals with the theoretical foundations of law. It considers such questions as these: What is law? What is the purpose of law? What is the relationship between law and morality? How should (and do) judges decide cases? What should judges do in a case in which an applicable rule mandates an unjust outcome? Should law prohibit conduct on the ground of its immorality when the conduct in question does not harm third parties? Does law discriminate against or disadvantage women (or men for that matter)? These are longstanding questions that continue to be relevant. A number of jurisprudential theories offering answers to these questions are examined.
Students apply skills of analysis, research, communication and critical thinking, learning in the process to evaluate and synthesise information and to critique philosophical arguments. Students engage in a rigorous process of reading, discussing and applying legal philosophy. Students develop their ability to communicate understanding of the concepts and arguments by presenting their ideas in seminars and through written assessments.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Analyse and evaluate a range of approaches of jurisprudence. |
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| 2. | Identify, analyse and synthesise jurisprudential questions and insights about the law and apply these to complex practical issues. |
| 3. | Develop and apply skills to hear and engage with other points of view with respectful attitudes. |
| 4. | Locate and synthesise legal and interdisciplinary research relevant to legal issues in order to creatively and analytically evaluate the factual, legal and theoretical issues. |
| 5. | Construct clear, original and persuasive written and oral arguments that are supported by research and textual readings. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Legal Knowledge
A coherent understanding of fundamental areas of legal knowledge including:
a. The Australian colonial and post-colonial legal system, international and comparative contexts, theoretical and technical knowledge;
b. The broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy;
c. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
d. The principles and values of justice and ethical practices in lawyers' roles. (LAW.1.1) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including the ability to:
a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
b. Apply reasoning and research to generate appropriate responses;
c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1) - Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (LAW.4.1)
Contribution to the development of graduate attributes
This subject will assist students to develop graduate attributes of critical analysis and evaluation (GA 3), research skills (GA4), and communication and collaboration (GA 5). Students will undertake class activities to practise their development of these attributes, and will complete a range of assessment tasks designed to assess their attainment of the identified attributes.
Teaching and learning strategies
Strategy 1 Preparing for class activity
Students read prescribed materials prior to coming to class. Information about each topic will be provided on Canvas. Prior to some classes, questions are posted on Canvas to focus students’ attention and prepare them for discussion. Students will be required to think about their answers to these questions prior to coming to class. Additional readings are available on Canvas if students wish to pursue particular theories further. Students use the Canvas Discussion Board to ask questions or share ideas prior to the class. Students are advised to exercise patience when reading the prescribed texts as these readings may contain ideas you have never come across before and may additionally be presented in a style to which you are unaccustomed. Take your time and allow yourself the opportunity to understand what an author is arguing.
Strategy 2 Engaging in seminars
Classes involve formal and informal discussion of the readings specifically and how they relate to the subject as a whole. In these seminars the leader asks questions of the students to ensure understanding of the theory. Students discuss the implications of particular theories in response to specific legal issues and critical analysis of theoretical approaches in small groups and as a class. Students demonstrate understanding of the prescribed readings through class discussions, and also seek clarification for difficult issues. Students have the opportunity to ask questions of their peers and of the teacher to assist them in consolidating their own learning. Students also gain depth of understanding through application of theories to specific issues. Each seminar focuses initially on understanding the theories, and then critically analyses the theories in relation to specific issues. By engaging in seminar discussion students develop a conceptual and analytical understanding, of philosophy and jurisprudence. Students build on their preparation and engagement in seminars by formulating and debating interpretations of the theories, as well as relevant legal, cultural and historical contexts.
The seminar leader models critical thinking, including the development of argument and close textual analysis. Seminars cover theories and consider how they articulate and/or apply to the law. The theories are applied to legal issues – ranging from historical issues such as the Holocaust to contemporary issues. The aim is to understand theory sufficiently to apply it to a legal issue, and then to critically evaluate that legal issue and/or the theory. Students are encouraged to offer their opinions and ask questions during seminars, and are asked to answer questions about the theories in order to develop their understanding of the relationship between these theories and legal issues. The structure of the seminars models the analytic, critical and methodological skills that students develop throughout the subject by outlining the theory, identifying issues and critically applying the theory to these issues. Students may undertake research in class of a particular issue in order to add depth to class discussion and analysis by sharing available computer resources and texts. Students are encouraged to ask questions and make comments during the seminars, and are also asked to demonstrate their understanding and mastery of key concepts. The class discussions allow students to gauge how successful they have been in their critical reading, by testing their knowledge and learning from others.
Strategy 3 Writing theoretical essays
As part of the assessment students undertake a long essay. This gives students an opportunity to understand how to undertake a theory-based analysis of an issue. This includes skills such as:
- Identification of relevant theory and legal issue and demonstrate insight into the issues raised.
- Critical analysis and evaluation of theoretical propositions and argument.
- Coherent and logical analysis of the practical issue.
- Comprehensive and appropriate consideration of relevant authorities and literature.
- Articulation of a clear and coherent argument which is logically structured and supported by evidence.
- Clear written expression with correct use of grammar, punctuation and spelling
Accurate, consistent and complete referencing according to AGLC that demonstrates judgement and responsibility in terms of academic integrity, in particular honest and complete acknowledgment of sources.
Strategy 4 Applying research skills
Students undertake independent research relevant to class discussion and assessment tasks. Class discussion is based on a list of readings, some of which students are required to locate using the UTS Library and databases. The research essay requires students to identify and research a relevant legal issue, appropriate theory and secondary material on their own. Being able to use the library and legal databases to find relevant material is a key skill for a legal professional. Critical reading and analysis of judicial and scholarly material are also crucial skills in law. In this way, students develop and refine skills in identifying and synthesising relevant material and deploy it to make reasoned, logical, justifiable and persuasive written and oral arguments. They apply these skills in the written assessment tasks and receive further feedback (see below).
Strategy 5 Feedback
Detailed guidance as to the assessment criteria and the provision of timely feedback are an important part of the learning process.
Students receive ongoing feedback in seminars from the seminar leader as well as their peers. Students should be using class participation as a means to test their understanding of theories and their critical application of these theories to various legal examples. Students receive written feedback on the short essay due early in the semester via Canvas. Feedback provides students with the opportunity to reflect upon and develop their ability to construct an effective argument, write clearly and persuasively and communicate complex concepts. Students further develop these skills in the process of writing of the final essay. Students also receive written feedback on their final essays via Canvas to improve their research essay writing for the future.
Subject Delivery
In Autumn 2023, Jurisprudence 76008 will be delivered on a face-to-face basis. Please refer to the detailed teaching schedule on Canvas for details.
Content (topics)
- Natural Law
- Legal Positivism
- Law and Obedience
- Law and Violence
- Marxism
- Feminist Jurisprudence
- Critical Race Theory
Assessment
Assessment task 1: Class participation
| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.1.1 and LAW.3.1 |
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| Weight: | 20% |
| Length: | all classes |
| Criteria: |
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Assessment task 2: Short Paper
| Intent: | The aim of this task is to provide students with an opportunity to show a good understanding of the jurisprudential approaches studied in the subject. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1 and LAW.4.1 |
| Weight: | 30% |
| Length: | 1,000 words (not including footnotes or bibliography) |
| Criteria: |
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Assessment task 3: Research Essay
| Intent: | The essay is linked to objectives and learning strategies three and four. The essay requires students to consider specific theories in depth (going beyond the class preparation materials), and to critically evaluate those theories in an essay. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1 and LAW.4.1 |
| Weight: | 50% |
| Length: | 3,000 words (not including footnotes or bibliography) |
| Criteria: |
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Required texts
There is no prescribed textbook for this course. You may, however, find these textbooks/ introductions to jurisprudence helpful:
There are several general textbooks that we use and you are welcome to buy if you wish to have as a physical resource on hand at any time.
Margaret Davies Asking the Law Question, 4th edition law bookco 2017
Denise Meyerson, Jurisprudence (Melbourne: Oxford University Press, 2010).
Michael Freeman, Lloyd's Introduction to Jurisprudence, 9th edition (London: Sweet and Maxwell, 2014).
Prescribed and recommended readings are listed in the module for each seminar on the Canvas site for Jurisprudence (76008). Most prescribed and recommended readings will be accessible in electronic format through the library under the Reading List tab.
Recommended texts
Students should refer to the detailed teaching guide for additional readings.