Jurisprudence

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Abstract

This subject provides a philosophical introduction to the nature of law and the legal system, including the relationship of law to justice and morality. It introduces students to significant philosophical theorists including Austin, Bentham, Dworkin, Grotius, Hart, Kant, Kelsen, Marx and Rawls. Students study legal reasoning, the relationship between morality and law, what gives rules authority, the role of the judge, and the social and economic nature of law. This subject also explores the nature of rights and their relationship to law, ethics and morality, together with the philosophical foundations guiding judicial decision-making and legal interpretivism.

Syllabus

What is jurisprudence?: the historical, philosophical, sociological and political contextThe concept of law, including the rule of law, moralism, and legal and ethical obligationsThe origins of law, including the normative character of law; "ought" and "is"; along with contemporary issues in philosophy of lawThe development of contemporary jurisprudenceThe meaning of … For more content click the Read More button below.

What is jurisprudence?: the historical, philosophical, sociological and political context
The concept of law, including the rule of law, moralism, and legal and ethical obligations
The origins of law, including the normative character of law; "ought" and "is"; along with contemporary issues in philosophy of law
The development of contemporary jurisprudence
The meaning of law: law and regularity, law and morals, law and value judgements
Natural law theories and theorists
Legal positivism and Hart's theory of law
Dworkin's interpretive theory in the context of the natural law/positivism distinction.
Liberalism
Sociological jurisprudence (Comte and Sociology; Max Weber; Durkheim)
Economic approaches to law
Marx and law
Theories of justice (Rawls and distributive justice; economic theories of law and justice)
Critical legal theory
Feminist jurisprudence
Legal rights, including human rights
Democratic institutions
Theories of adjudication: American legal realism and rule scepticism
Legal interpretivism: judicial reasoning and decision making

Learning outcomes

Upon successful completion of this subject, students should:

be able to discuss the origins of legal philosophy in ancient society and its influence on the development of contemporary jurisprudence

be able to analyse and critically assess significant writings of selected jurists or legal theorists

be able to discuss key issues in the philosophy of law

be able to demonstrate an in-depth understanding of the terminology relevant to jurisprudence

be able to articulate the interrelationship of ethics, law and rights

be able to demonstrate an understanding of the processes for the determination of individual rights, and the social, political and legal institutions necessary to maintain these rights

be able to discuss critically the development of Marx's theories about and ideas on law by later legal theorists

be able to discuss critically the influence of the major forms of feminist theory on the development of contemporary jurisprudence

be able to engage critically with the principles underpinning legal realism

10.

be able to demonstrate an understanding of the role of legal theory in contemporary judicial decision making

11.

be able to discuss and critique the conception of rights, including human, legal and moral rights

12.

be able to identify and discuss the philosophy grounding particular laws and legal structures in contemporary Australia

Assumed knowledge

Restricted to Bachelor of Laws and Bachelor of Laws/Bachelor of Criminal Justice students only