Philosophical Foundations of Law (LAWS50127)
Graduate coursework level 5Points: 12.5On Campus (Parkville)
About this subject
Contact information
Semester 1
Teaching staff:
John Maloney (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
Overview
| Availability(Quotas apply) | Semester 1 |
|---|---|
| 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.
Indicative list of principal topics, such as:
- 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: 4 March 2025
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 (On Campus - Parkville) |
12.5 |
| LAWS50025 | Torts | Semester 1 (On Campus - Parkville) |
12.5 |
| LAWS50026 | Obligations | 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 |
| LAWS90140 | Disputes and Ethics | Semester 2 (On Campus - Parkville) |
12.5 |
Corequisites
Non-allowed subjects
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: 4 March 2025
Assessment
| Description | Timing | Percentage |
|---|---|---|
Two essays, on different topics covered in class (50% each)
| Throughout the semester | 100% |
Additional details
The due dates of interim assessment will be made available to students on the Assessment Schedule on the Juris Doctor Canvas LMS Community. Note, these are updated regularly.
Last updated: 4 March 2025
Quotas apply to this subject
Dates & times
- Semester 1
Principal coordinator John Maloney Mode of delivery On Campus (Parkville) Contact hours 36 hours Total time commitment 150 hours Pre teaching requirements Please refer to Canvas LMS to check on the pre-class readings and preparatory learning activities before the teaching period commences. Teaching period 3 March 2025 to 1 June 2025 Last self-enrol date 14 March 2025 Census date 31 March 2025 Last date to withdraw without fail 9 May 2025 Assessment period ends 27 June 2025 Semester 1 contact information
Teaching staff:
John Maloney (Subject Coordinator)For current student enquiries, contact the Law School Academic Support Office
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Additional delivery details
This subject has an enrolment quota. Please refer to the Juris Doctor enrolment webpage for further information about re-enrolment and subject quotas. Melbourne Law School may reserve places in a subject for inbound study abroad and exchange students.
Last updated: 4 March 2025
Further information
- Texts
- Related Handbook entries
- Links to additional information
- Available to Study Abroad and/or Study Exchange Students
Last updated: 4 March 2025