| Semester 3, 2021 Online | |
| Short Description: | Advanced Theories of Law |
| Units : | 1 |
| Faculty or Section : | Faculty of Business, Education, Law and Arts |
| School or Department : | School of Law and Justice |
| Student contribution band : | Band 4 |
| ASCED code : | 090999 - Law not elsewhere classified |
| Grading basis : | Graded |
Staffing
Examiner:
Requisites
Pre-requisite: LAW5111 and LAW5112 and (LAW5114 or HIS5115)
Other Requisites
Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at .
Rationale
This is a core course in the Juris Doctor. It ensures that, in accordance with threshold learning outcomes, students learn broader contexts of law. These include political, social and philosophical contexts in which legal issues arise.
The course provides students with opportunities to learn theories of what law is and what law should be. It includes the learning of theories of how law changes in relation to society, and theories of justice.
Synopsis
While most law courses submerge students in the technical rules of various aspects of the law, this course places the law in the context of philosophies which critique the basis of those rules. Students will study various bodies of thought that have in the past influenced legal thinking, including legal positivism, natural law, feminist, realist and critical theories of law, and liberal, social and radical political theories. Against the background of classical and modern natural law theories, consideration will also be given to philosophies of virtue and character - particularly as applicable to lawyers.
Objectives
On successful completion of this course, students should be able to:
- Demonstrate an advanced and integrated understanding [explain, apply and evaluate] of a complex body of knowledge [relevant to theories of law], and underlying principles and concepts; the broader contexts within which legal issues arise [in legal philosophy] and of the principles and values of justice and of ethical practice in lawyers’ roles; and contemporary developments in law, and its professional practice (PO1/TLO1).
- Demonstrate an ability to recognise and reflect upon the professional responsibilities of lawyers in promoting justice and in service to the community (PO2/TLO2).
- Identify and articulate complex legal issues [related to theories of law]; [comprehend legal and other materials including philosophical and sociological analyses of law]; engage in critical analysis and make reasoned and appropriate choices amongst alternatives; and demonstrate sophisticated cognitive and creative skills in approaching legal issues and generating appropriate responses (PO3/TLO3).
- Demonstrate the intellectual and practical skills needed to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions, as well as to identify, research in an ethical manner, evaluate and synthesise factual, legal and policy issues [relevant to theories of law] (PO4/TLO4).
- Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences (PO5/TLO5).
Topics
| Description | Weighting(%) | |
|---|---|---|
| 1. | Introduction to legal theory | 5.00 |
| 2. | British legal positivism | 10.00 |
| 3. | Germanic legal positivism | 10.00 |
| 4. | American legal realism | 10.00 |
| 5. | Natural law – classical and Christian | 5.00 |
| 6. | Natural law - modern | 5.00 |
| 7. | Modern virtue ethics in legal practice | 10.00 |
| 8. | Social theories of law and justice | 10.00 |
| 9. | Therapeutic jurisprudence | 5.00 |
| 10. | Evolutionary theories of law | 10.00 |
| 11. | Liberalism and rights | 10.00 |
| 12. | Postmodern and feminist theories of law and justice | 10.00 |
Text and Materials
ALL textbooks and materials available to be purchased can be sourced from (unless otherwise stated). (https://omnia.usq.edu.au/textbooks/?year=2021&sem=03&subject1=LAW5224)
Please for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)
Reference Materials
Student Workload Expectations
| Activity | Hours |
|---|---|
| Assessments | 80.00 |
| Directed Study | 39.00 |
| Private Study | 46.00 |
Assessment Details
| Description | Marks out of | Wtg (%) | Due Date | Objectives Assessed | Notes |
|---|---|---|---|---|---|
| RESEARCH ESSAY 1 | 35 | 35 | 21 Dec 2021 | 1,3,4,5 | |
| RESEARCH ESSAY 2 | 35 | 35 | 14 Jan 2022 | 1,3,4,5 | |
| COURSE ENGAGEMENT | 30 | 30 | 28 Jan 2022 | 1,2,3,4,5 |
Important assessment information
-
Attendance requirements:
There are no attendance requirements for this course. However, it is the students' responsibility to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration. -
Requirements for students to complete each assessment item satisfactorily:
To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. (Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.) -
Penalties for late submission of required work:
Students should refer to the Assessment Procedure (point 4.2.4) -
Requirements for student to be awarded a passing grade in the course:
To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course. -
Method used to combine assessment results to attain final grade:
The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the summative assessment items in the course. -
Examination information:
There is no examination in this course. -
Examination period when Deferred/Supplementary examinations will be held:
Deferred and Supplementary examinations will be held in accordance with the Assessment Procedure . -
University Student Policies:
Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene University policies and practices. These policies can be found at .
Assessment Notes
-
Referencing in assignments:
Students studying this course as part of a Juris Doctor must use the Australian Guide to Legal Citation (AGLC) style. Students who are not enrolled in the Juris Doctor may use either Harvard (AGPS) or the Australian Guide to Legal Citation (AGLC) in their assignments to format details of the information sources they have cited in their work. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at or contact the Law librarian. The Harvard (AGPS) style to be used is defined by the USQ Library's referencing guide at .