Handbook home
Philosophical Foundations of Law (LAWS50127)
Graduate coursework level 5Points: 12.5Dual-Delivery (Parkville)
From 2023 most subjects will be taught on campus only with flexible options limited to a select number of postgraduate programs and individual subjects.
To learn more, visit COVID-19 course and subject delivery.
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
Overview
Availability(Quotas apply) | Semester 1 - Dual-Delivery |
---|---|
Fees | Look up fees |
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.
Generic 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.
- 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: 31 January 2024
Eligibility and requirements
Prerequisites
All of
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50023 | Legal Method and Reasoning | Summer Term (Dual-Delivery - Parkville) |
12.5 |
LAWS50024 | Principles of Public Law | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
LAWS50025 | Torts | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
LAWS50026 | Obligations | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
LAWS50028 | Constitutional Law | Semester 2 (Dual-Delivery - Parkville) |
12.5 |
LAWS50029 | Contracts | Semester 2 (Dual-Delivery - Parkville) |
12.5 |
LAWS50031 | Legal Theory |
Semester 2 (Dual-Delivery - Parkville)
November (Dual-Delivery - Parkville)
|
12.5 |
LAWS90140 | Disputes and Ethics | Semester 2 (Dual-Delivery - 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: 31 January 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Two essays, on different topics covered in class (50% each)
| 100% |
Additional details
The due date of the above assessment(s) will be available to students via the Assessment Schedule on the LMS Community.
Last updated: 31 January 2024
Quotas apply to this subject
Dates & times
- Semester 1
Principal coordinator Chris Maxwell Mode of delivery Dual-Delivery (Parkville) Contact hours Students are expected to attend all sessions whether participating on-campus or remotely. Total time commitment 144 hours Teaching period 28 February 2022 to 29 May 2022 Last self-enrol date 11 March 2022 Census date 31 March 2022 Last date to withdraw without fail 6 May 2022 Assessment period ends 24 June 2022
Additional delivery details
This subject has an enrolment quota of 60 students.
All timely JD elective enrolments are subject to a selection process, which the Academic Support Office will perform after the timely re-enrolment period ends. Late self-enrolment is on a first-in basis up to quota.
Please refer to the Melbourne Law School website for further information about the management of subject quotas.
Last updated: 31 January 2024
Further information
- Texts
Prescribed texts
Specialist materials will be made available via the LMS.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor - Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 31 January 2024