Abstract
This subject examines the nature of law in society, the major schools of legal philosophy, the major features of the Australian legal system including the Australian Constitution, sources of law, statutory interpretation, the judicial process and the doctrine of precedent, an introduction to teachniques of legal research and problem-solving.
Syllabus
The nature of law;Introduction to jurisprudence;Legal systems;Sources of law - statute and common law;The hierarchy of courts and the doctrine of precedent;Australian legal history;The status of Indigenous law;Australian constitutional law;Interpretation of statutes;Legal research and problem-solving.
Learning outcomes
Upon successful completion of this subject, students should:
1.
understand and be able to engage in critical analysis of law as a system of norms;
2.
be able to explain the main schools of legal philosophy and assess their relative merits;
3.
be able to understand the difference between common and civil law and be able to comment on the merits of each;
4.
be able to understand the history of the reception of common law into Australia and the status relating to Indigenous law;
5.
be able to explain the basics of the Commonwealth Constitution and suggest areas in need of reform;
6.
be aware of the sources of law in Australia and be able to explain the relationship between them;
7.
be able to apply rules of statutory interpretation to complex fact situations;
8.
be able to apply the law relating to the jurisdiction of the courts and apply the doctrine of precedent in complex situations;
9.
be able to undertake advanced legal research and solve legal problems.
Enrolment restrictions
For postgraduate students only