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 Legal Theory - LAWS8320
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Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
   
 
Campus: Kensington Campus
 
 
Career: Undergraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.125 (more info)
 
 
Contact Hours per Week: 4
 
 
Enrolment Requirements:
 
 
Pre-requisite: LAWS2160
 
 
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/s: If taken as an elective, it is LAWS2331 (UOC8)

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