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Philosophical Foundations of Law (LAWS50127)
Graduate coursework level 5Points: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
Semester 1
Email: law-aso@unimelb.edu.au
Phone: +61 3 8344 4475
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | Semester 1 |
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Fees | Look up fees |
Philosophical Foundations of Law is an interdisciplinary subject, to be run by Law School faculty members, faculty members from the School of History and Philosophical Studies, and prominent members of the judiciary. The aim of this subject is twofold – first, to develop in students a high-level understanding of how legal rules embody, and reflect, important philosophical and moral notions which are themselves examinable; and, second, to develop in students a sophisticated approach to thinking about legal questions which employs philosophical rigour.
The subject will be structured around a series of seminars run by guests who are experts in the area on which they are speaking. Guests will include academics, legal practitioners, and members of the judiciary. Some seminars will involve two presenters, one an academic and the other a judge/practitioner. These combinations are designed to demonstrate the close relationship, and conceptual overlap, between the disciplines of law and philosophy. Subject coordinators will ensure thematic continuity throughout the subject by drawing out common threads which emerge from individual presentations and class discussions.
Particular topics to be covered will vary from year to year, but may include the following:
- The ethics of humanitarian action: the laws of war and aid;
- The role of moral concepts in the regulation of commercial activity;
- The attribution of criminal responsibility, and the relevance of intention, motive, voluntariness and consequences;
- The purpose and justification of criminal punishment, and the meaning and relevance of remorse;
- Law and political philosophy - Mabo as a case study;
- Individual autonomy and the duty of others to take reasonable care; and
- How far do human rights notions account for our conception of justice?
Throughout the course of the subject, students will be encouraged to:
- Identify, and engage with, philosophical concepts (such as autonomy, causation and good conscience) which underpin areas of substantive law;
- Identify, and engage with, the frameworks of ethical and political theory within which substantive law has developed;
- Identify, and engage with, the ethical and political choices which inform the development and application of substantive law; and
- Develop habits of analytical rigour, logical analysis and linguistic precision, in both exposition and argument.
Intended learning outcomes
Students who successfully complete this subject will have developed and demonstrated:
- A sophisticated appreciation of the close relationship, and conceptual overlap, between the disciplines of law and philosophy;
- A deep understanding of the law and theory relevant to each of the principal topics examined;
- The ability to express complex ideas and expound reasoned arguments; and
- Specialised skills in self-directed legal research and the capacity to develop, sustain and reference argument in a thorough and persuasive way.
Generic skills
Students who successfully complete this subject will have developed and demonstrated the following skills:
- The ability to read and analyse a range of sources, including texts on ethical theory and political philosophy, related legal sources and interdisciplinary materials;
- The capacity to engage in critical thinking, independent thought and reflection at an abstract level;
- The capacity to communicate knowledge and understanding of complex ideas in oral and written forms;
- The ability to write effectively in descriptive, analytical, critical and reflective modes;
- The ability to undertake research involving diverse sources and prepare a piece of academic writing displaying sophisticated analysis, synthesis and theoretical understanding; and
- The ability to apply philosophical method to legal analysis, to reason logically and to use language with precision.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Successful completion of all the below subjects:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50023 | Legal Method and Reasoning | Summer Term (On Campus - Parkville) |
12.5 |
LAWS50024 | Principles of Public Law | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50025 | Torts |
Semester 1 (On Campus - Parkville)
November (On Campus - Parkville)
|
12.5 |
LAWS50026 | Obligations | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50027 | Dispute Resolution | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50028 | Constitutional Law | Semester 2 (On Campus - Parkville) |
12.5 |
LAWS50029 | Contracts | Semester 2 (On Campus - Parkville) |
12.5 |
LAWS50031 | Legal Theory |
Semester 2 (On Campus - Parkville)
November (On Campus - Parkville)
|
12.5 |
Corequisites
None
Non-allowed subjects
None
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
- Two essays, on different topics covered in class, of 3,000 words each (50% each).
The due date of the above assessment will be available to students via the Assessment Schedule on the LMS Community.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- Semester 1
Principal coordinator Dale Smith Mode of delivery On Campus (Parkville) Contact hours 36 hours Total time commitment 144 hours Teaching period 26 February 2018 to 27 May 2018 Last self-enrol date 4 December 2017 Census date 31 March 2018 Last date to withdraw without fail 4 May 2018 Assessment period ends 22 June 2018 Semester 1 contact information
Email: law-aso@unimelb.edu.au
Phone: +61 3 8344 4475
Website: law.unimelb.edu.au
Additional delivery details
This subject has an enrolment quota of 60 students. Your subject enrolment will not be confirmed until the selection process has been run. Selection is conducted on a random basis with outcomes communicated to students shortly after re-enrolment closes. Please refer to the Melbourne Law School website for more information on the JD Quota Elective selection process.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
- Readings will be made available online via the LMS before each class.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor Major EMA 150 point program - full time over 1.5 years Informal specialisation EMA 200 point program - full time over 1.5 years Informal specialisation EMA 200 point program - full time over 2 years
Last updated: 3 November 2022