LAW4137

Legal philosophy 406

Associate Professor J Goldsworthy

6 points - Three 1-hour seminars per week - Clayton - Prerequisite: LAW2200

Objectives Students will acquire a basic understanding of the major contemporary philosophies of law and legal reasoning, and the main lines of debate between them. In particular, students will (1) acquire an understanding of how each philosophy regards the relationships between law and justice, and legal and moral reasoning; and (2) develop an appreciation of how the debates between these philosophies illuminate actual controversies in the practical administration of legal systems. The current debate over 'implied rights' in the Australian Constitution will be used as a focus for the subject.

Synopsis Classical natural law; classical legal positivism; contemporary legal positivism; Dworkin's legal theory; legal realism and critical legal studies; values in the law - predictability, justice, integrity, democracy; the debate over the meaning of the Constitution.

Assessment Written research assignment (3500 words): 35% - Class participation: 15% - Final open-book examination (2 hours): 50%

Texts

Faculty notes edited by lecturer

Back to the 1999 Law Handbook