LAW4137 Legal philosophy
Faculty of Law
LAW4137 Legal philosophy is a level 4, 6-credit-point, undergraduate unit from the Faculty of Law, offered in 2022 in Semester 1 at Clayton. It has no prerequisites.
- Credit points
- 6
- Offered in 2022
- Semester 1
- Clayton
- Assessment
- Exam 60%
- and 2 other tasks
- Workload
- 144 hours
- per semester
This is the 2022 handbook entry. See the 2027 entry.
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Requisites
Before LAW4137
No prerequisites or corequisites besides the enrolment rules below.
After LAW4137
No unit lists LAW4137 as a prerequisite in the 2022 handbook.
Enrolment rules
You must have completed at least 48 credit points of study
Overview
Students will study the major contemporary theories of law and legal reasoning (positivism, natural law, interpretivism, realism), and the main lines of debates between them. These debates concern the nature and foundations of law, the relationship between law and justice, the nature of legal reasoning and the role of value-judgments and creativity in judicial decision-making, the nature of rights and duties, and judicial activism and fidelity to law. Students will also study how philosophical debates about these issues illuminate actual controversies in the practical administration of legal systems.
Offerings in 2022
| Teaching period | Campus | Mode |
|---|---|---|
| First semester | Clayton | On campus |
Assessment
- Class participationParticipation10%
- Essay30%
- Take home exam60%
Learning outcomes
When you finish this unit, you should be able to:
- 1
Articulate and critically assess the major theories of the nature of law and legal reasoning, demonstrating sophisticated awareness of the main lines of debate
- 2
Demonstrate cognitive and creative skills in analysing the complex issues and the capacity to draw and defend well-reasoned conclusions
- 3
Understand actual controversies in the practical administration of legal systems and in private law doctrines
- 4
Work collaboratively as part of a team to participate effectively in complex legal debates
Workload and teaching
- Workshops36 hours
- Teaching approachActive learning
Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.
Learning resources
Required resources
See the Moodle unit page for prescribed and recommended resources. Prescribed texts are usually available for purchase through the University Bookstore and are sometimes available for short-term loan or as eBooks through the library.
Contacts
- Chief Examiners
- Dr David Frydrych
Common questions
What are the prerequisites for LAW4137?
LAW4137 has no prerequisites, but enrolment rules apply.
When is LAW4137 offered?
In 2022, LAW4137 runs in Semester 1 at Clayton.
How much work is LAW4137?
The handbook expects about 144 hours of study across the semester. No students have rated its difficulty yet.
Does LAW4137 have an exam?
Yes. The exam is worth 60% of the final mark, alongside 2 other tasks.