Monash University Handbook 2011 Undergraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Synopsis

Topics include: 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

Compulsory research assignment (2500 words): 50% and examination (2 hours writing time plus 30 minutes reading and noting time): 50%

Chief examiner(s)

Professor Jeff Goldsworthy

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW2200 or LAW2201 and LAW2202 OR ATS2868/3868. ATS2869/3869 OR ATS2905/3905