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Session1,3
Session1,3

Unit description

Identifies and evaluates some of the theoretical frameworks that inform legal knowledge and legal practice. Analyses a number of philosophical perspectives having implications for law, legal institutions and legal practices. Enables us to better appreciate the ethical and socio-political consequences of our practice as lawyers.

Unit content

Topic 1: Philosophical pursuits and the law 
Topic 2: Ethical and political frameworks
Topic 3: Traditional common law theory
Topic 4: Traditional jurisprudence: Legal positivism 
Topic 5: Traditional jurisprudence: Natural law 
Topic 6: Legal realism and Critical Legal Studies
Topic 7: Law and social theory
Topic 8: Poststructuralism, postmodernism and deconstruction
Topic 9: Feminism, race and colonialism
Topic 10: Contemporary trends including ecological jurisprudence
Topic 11: The concerns of legal theory

Learning outcomes

Unit Learning Outcomes express learning achievement in terms of what a student should know, understand and be able to do on completion of a unit. These outcomes are aligned with the graduate attributes. The unit learning outcomes and graduate attributes are also the basis of evaluating prior learning.

On completion of this unit, students should be able to:
1identify the central concerns of both traditional jurisprudence and contemporary legal theory;
2critically reflect upon the philosophical assumptions that inform the teaching, learning and practice of Anglo-Australian law;
3critically appraise the relationship between theory and practice, in particular, the relationship between ideas about law and specific social, cultural, political and legal practices;
4identify and evaluate the ethical frameworks within which our practice, both as lawyers and non-lawyers, operates.

On completion of this unit, students should be able to:

  1. identify the central concerns of both traditional jurisprudence and contemporary legal theory;
  2. critically reflect upon the philosophical assumptions that inform the teaching, learning and practice of Anglo-Australian law;
  3. critically appraise the relationship between theory and practice, in particular, the relationship between ideas about law and specific social, cultural, political and legal practices;
  4. identify and evaluate the ethical frameworks within which our practice, both as lawyers and non-lawyers, operates.

Prescribed Learning Resources

Prescribed Texts
  • Margaret Davies, 2017, Asking the Law Question, 4th , Thomson Reuters.
  • Raymond Wacks, 2017, Understanding Jurisprudence: An Introduction to legal Theory, 5th, Oxford University Press.

Prescribed Texts
  • Margaret Davies, 2017, Asking the Law Question, 4th , Thomson Reuters.
  • Raymond Wacks, 2021, Understanding Jurisprudence: An Introduction to legal Theory, 6th, Oxford University Press.
Prescribed Learning Resources may change in future Teaching Periods

Teaching and assessment

Teaching method
Workshop 1 hour (Weekly)
Tutorial 2 hours (Weekly)
Assessment
Quiz20%
Essay20%
Essay60%
Notice

Intensive offerings may or may not be scheduled in every teaching period. Please refer to the timetable for further details.

Southern Cross University employs different teaching methods within units to provide students with the flexibility to choose the mode of learning that best suits them. SCU academics strive to use the latest approaches and, as a result, the learning modes and materials may change. The most current information regarding a unit will be provided to enrolled students at the beginning of the teaching period.

Fee information

Domestic

Commonwealth Supported courses
For information regarding Student Contribution Amounts please visit the Student Contribution Amounts.

Fee paying courses
For postgraduate or undergraduate full fee paying courses please check Domestic Postgraduate Fees OR Domestic Undergraduate Fees

International

Please check the international course and fee list to determine the relevant fees.

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