Course overview
- Study period
- Semester 2, 2024 (22/07/2024 - 18/11/2024)
- Study level
- Undergraduate
- Location
- St Lucia
- Attendance mode
- In Person
- Units
- 2
- Administrative campus
- St Lucia
- Coordinating unit
- Law School
This course offers an overview of some of the main historical, doctrinal and philosophical perspectives that have influenced the understanding of law as an institution, together with an introduction to key theoretical positions and interdisciplinary movements that provide critique and commentary on the role of law.
This is an introductory course in jurisprudence (sometimes called legal theory or philosophy of law).
The term 'jurisprudence' captures a vast province of intellectual speculation about the nature and role of law, legal systems and justice. Jurisprudence as a field of legal study is less concerned with knowledge of specific laws or specific legal systems and more concerned with the understanding of the phenomenon of law generally. It addresses questions such as:
- What counts as a law?
- What are the essential properties of law?
- What forms does law take?
- How is law created or formed?
- What is the relationship of law to justice and morality?
- What is the social purpose of law?
- What are the basic tools of legal analysis?
Law as a social phenomenon can be studied through the prisms and with the methods of just about every discipline. There are studies on the sociology of law, anthropology of law, psychology of law, history of law, philosophy of law, economics of law and logic of law, to name just a few methodological approaches.
It is obvious that one course cannot cover the entire province of jurisprudence or even any substantial part of it. What is possible is to give students a taste of the kinds of speculations that have dominated legal theory through the ages and to introduce them to new ways of thinking about the law that will enrich their legal education, widen their intellectual horizons and hone their legal skills. Along the way, students will encounter some of the greatest thinkers in the history of western philosophy. It is hoped that this course will stimulate interest in further theoretical study of the law.
Course requirements
Prerequisites
You'll need to complete the following courses before enrolling in this one:
#16 LAWS courses
Incompatible
You can't enrol in this course if you've already completed the following:
LAWS2008 or LAWS4111
Restrictions
LLB(Hons) and LLB(Hons) duals
Course contact
Course staff
Lecturer
Tutor
Timetable
The timetable for this course is available on the UQ Public Timetable.
Aims and outcomes
Teaching Mission Statement
The mission of the TC Beirne School of Law is to educate students in and about the law. We seek to assist you to think critically about the law and to investigate its structures, principles, policies, and values. This is achieved by engaging with you as fellow investigators in a range of critical and intellectual conversations about the law and its place in society. Our role is thus to guide you in your own intellectual journey in the law and to equip you with the necessary skills that will enable you to continue that journey long after you have left the School.
Course Aims
The broad aims of this course are as follows:
- Deepening understanding of the law through the study of the nature, origins and structure of legal rules.
- Improving analytical and forensic skills through the analysis of fundamental legal conceptions and by knowledge of selected theories concerning the law and its connections with other aspects of social life.
- Promoting appreciation of the legal system in social, moral and economic contexts.
- Promoting appreciation of the philosophical and ethical dimensions of the discipline and practice of law.
- Generally enhancing the capacity for critical reasoning.
Learning outcomes
After successfully completing this course you should be able to:
LO1.
Understand the central ideas associated with some important jurisprudential traditions, including legal positivism, natural law theory, critical legal theories and evolutionary legal theory; and
LO2.
Engage critically with the above traditions, drawing on relevant legal and philosophical literature.
Assessment
Assessment summary
| Category | Assessment task | Weight | Due date |
|---|---|---|---|
| Examination |
In-Semester Examination
|
40% |
2/09/2024 - 6/09/2024
Week 7 |
| Examination |
End-of-semester Examination
|
60% |
End of Semester Exam Period 2/11/2024 - 16/11/2024 |
Assessment details
In-Semester Examination
- In-person
- Mode
- Written
- Category
- Examination
- Weight
- 40%
- Due date
2/09/2024 - 6/09/2024
Week 7
- Learning outcomes
- L01, L02
Task description
The in-semester exam will be held during semester. This is a closed book exam. Details will be posted on Blackboard.
The examination is designed to test the students’ knowledge and understanding of the key ideas, concepts, issues and debates in legal theory and their ramifications for the practical operation of the law.
This assessment task is to be completed in-person. The use of Artificial Intelligence (AI) tools will not be permitted. Any attempted use of AI may constitute student misconduct under the Student Code of Conduct.
Exam details
| Planning time | no planning time minutes |
|---|---|
| Duration | 90 minutes |
| Calculator options | No calculators permitted |
| Open/closed book | Closed Book examination - no written materials permitted |
| Exam platform | Paper based |
| Invigilation | Invigilated in person |
Submission guidelines
Deferral or extension
You may be able to defer this exam.
End-of-semester Examination
- In-person
- Mode
- Written
- Category
- Examination
- Weight
- 60%
- Due date
End of Semester Exam Period
2/11/2024 - 16/11/2024
- Learning outcomes
- L01, L02
Task description
This is a closed book exam.
This examination is designed to test the students’ knowledge and understanding of the key ideas, concepts, issues and debates in legal theory and their ramifications for the practical operation of the law.
This assessment task is to be completed in-person. The use of Artificial Intelligence (AI) tools will not be permitted. Any attempted use of AI may constitute student misconduct under the Student Code of Conduct.
Exam details
| Planning time | 10 minutes |
|---|---|
| Duration | 120 minutes |
| Calculator options | No calculators permitted |
| Open/closed book | Closed Book examination - no written materials permitted |
| Exam platform | Paper based |
| Invigilation | Invigilated in person |
Submission guidelines
Deferral or extension
You may be able to defer this exam.
Course grading
Full criteria for each grade is available in the Assessment Procedure.
| Grade | Cut off Percent | Description |
|---|---|---|
| 1 (Low Fail) | 0 - 19 |
Absence of evidence of achievement of course learning outcomes. |
| 2 (Fail) | 20 - 47 |
Minimal evidence of achievement of course learning outcomes. |
| 3 (Marginal Fail) | 48 - 49 |
Demonstrated evidence of developing achievement of course learning outcomes |
| 4 (Pass) | 50 - 64 |
Demonstrated evidence of functional achievement of course learning outcomes. |
| 5 (Credit) | 65 - 74 |
Demonstrated evidence of proficient achievement of course learning outcomes. |
| 6 (Distinction) | 75 - 84 |
Demonstrated evidence of advanced achievement of course learning outcomes. |
| 7 (High Distinction) | 85 - 100 |
Demonstrated evidence of exceptional achievement of course learning outcomes. |
Additional course grading information
A fuller statement of marking criteria and expectations will be provided to the students closer to the date of these assessments.
Supplementary assessment
Supplementary assessment is available for this course.
Learning resources
You'll need the following resources to successfully complete the course. We've indicated below if you need a personal copy of the reading materials or your own item.
Library resources
Find the required and recommended resources for this course on the UQ Library website.
Learning activities
The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.
Filter activity type by
Please select
| Learning period | Activity type | Topic |
|---|---|---|
Multiple weeks From Week 1 To Week 13 |
Lecture |
Course Overview A detailed account of the learning activities and the lectures and tutorials for this course will be provided in the learning guide which is available on Blackboard. Learning outcomes: L01, L02 |
Policies and procedures
University policies and procedures apply to all aspects of student life. As a UQ student, you must comply with University-wide and program-specific requirements, including the:
- Student Code of Conduct Policy
- Student Integrity and Misconduct Policy and Procedure
- Assessment Procedure
- Examinations Procedure
- Reasonable Adjustments - Students Policy and Procedure
Learn more about UQ policies on my.UQ and the Policy and Procedure Library.
School guidelines
Your school has additional guidelines you'll need to follow for this course: