LAW4137

Legal philosophy 406 ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader:

Offered:
Not offered in 2005.

Synopsis: Legal positivism - classical and contemporary, inclusive and exclusive; natural law theory; Dworkin's legal theory; perspectives on law - liberalism, feminism, critical legal studies; the obligation to obey the law.

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.

Assessment: Research assignment (3000 words): 40% + Examination (2 hours writing time plus 30 minutes reading and noting time): 60%

Contact Hours: Three hours of lectures per week

Prerequisites: LAW1100 Legal process OR LAW1101 Introduction to legal reasoning and LAW1102 Law in society; LAW2200 Torts OR LAW2201 Torts A and LAW2202 Torts B