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Semester 1 - Online
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Philosophical Foundations of Law is an interdisciplinary subject, run by Law School academics 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 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 and Love/Thoms as case studies
- constitutional facts and their relationship to constitutional values;
- the rule of law and statutory interpretation;
- 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.
- The ability to read and analyse a range of sources, including texts on ethical theory and political philosophy, related legal sources and interdisciplinary materials.
- Tthe 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.
- The ability to apply philosophical method to legal analysis, to reason logically and to use language with precision.
Last updated: 4 September 2021