76008 Jurisprudence

6cp
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.

Detailed subject description.