UNSW Handbook Course - Legal Theory

Legal Theory - JURD7431


	Faculty: Faculty of Law
	School: Faculty of Law
	Course Outline: See below
	Campus: Kensington Campus
	Career: Postgraduate
	Units of Credit: 6
	EFTSL: 0.12500 (more info)
	Indicative Contact Hours per Week: 4
	Enrolment Requirements:
	Prerequisite: LAWS1001 and LAWS1011 and Corequisite: LAWS2311; Prerequisite: JURD7101 and JURD7111 and Corequisite: JURD7211
	Excluded: JURD7223, LAWS2320, LAWS3331
	Fee Band: 3 (more info)
	Further Information: See Class Timetable

Description

The course is composed of two parts. In part one we discuss a number of basic notions associated with contemporary legal philosophy. These include - the nature of legal analysis, the separation of law from other areas of social life, the character of legal positivism, the role of the legal decision-maker, legal practice as an interpretive activity, the character of moral judgment, the difference in moral theory between the right and the good, liberalism as a political theory and its opponents, and liberalism's attitude to rights and to cultural difference. In part two we apply some of these ideas to a number of 'problems' in contemporary legal practice. Just which problems varies from semester to semester but typical areas of study would be - human rights in East Asia, the legal response to cultural diversity, feminism and difference, legal responsibility, punishment, rights and judicial power, citizenship, the character of legal decision-making.

Note: If taken as a compulsory course, it is JURD7223 (6 UOC)

Recommended Prior Knowledge

None

Course Objectives

To help you think of law as a phenomenon which may usefully be investigated from viewpoints other than that of the practitioner – that of the philosopher, the historian, the sociologist, the anthropologist, the political scientist, the economist, etc.
To acquaint you with the vocabulary of philosophical reflection on law
To develop your skills in applying legal principles in the appropriate context
To encourage a critical approach in considering social and legal institutions
To explore the relationship between law on the one hand and personal and public morality on the other

Assessment

5,000 word essay (50%)
1 exam (50%)

Resources

Refer to Course Outline provided by lecturer.

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