Requisite(s): ( 78101c Postgraduate Legal Research OR ((22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04264 Master of Legal Studies)) 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.
There are course requisites for this subject. See access conditions.
The concept of 'justice' is integral to the operation of our legal system, the practice of law and, as legal professionals, our contribution to the different communities in which we live and work. This subject asks the questions: 'what is justice?', 'what does law have to do with justice?', and 'what is a just decision?'. This subject explores these questions through the lens of traditional and contemporary theoretical approaches to justice including: divine command, natural law, utilitarianism, libertarianism, positivism, egalitarianism, desert and the Rawlsian idea of fairness, critical race, indigenous feminist, environmental, global and post-structuralist perspectives.
Students build on this grounding in theories of justice by engaging with the question of 'what is just?' in a legal frame, in the setting of particular cases and case studies. Opportunities to apply theoretical approaches to particular case studies are drawn from a wide range of areas such as: tax, patenting human genes, human rights norms, the treatment of animals, insolvency, negligence and responsibility, competition law or access to justice.
This subject is taught using a variety of teaching and learning strategies that emphasise active and applied approaches to developing students' capacity to make informed legal and ethical judgments. The aim of this approach is to rapidly immerse students in global, practice-orientated, research-inspired accounts of theories of justice and their relationship to law and legal regulation.
Detailed subject description.