Authorised by Academic Registrar, April 1996
Objectives On completion of this subject students should have an understanding of (1) the concepts and ideals appealed to when legal rules, institutions, decisions and practices are evaluated; (2) contemporary moral and political theories; and (3) some of the fundamental questions in moral philosophy.
Synopsis Ethical theory and legal criticism. This subject is concerned with analysis and justification of concepts and ideals appealed to when legal rules, institutions, decisions and practices are evaluated; for example goodness, the public interest, fairness, justice, equality, liberty and rights. In the first part of the subject some contemporary moral and political theories are studied. Particular attention is given to possible conflicts between liberty and equality, and between individual rights and the general welfare. Specific controversies concerning the proper role of law are considered, eg abortion, pornography, punishment and Aboriginal land rights. Fundamental questions in moral philosophy are discussed: what is morality? Can moral disputes be resolved by reasoned discussion?
Assessment Assignment/essay: 40% + Final examination: 60%