Judicial Reasoning (LAWS70379)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
About this subject
Contact information
November
Teaching staff:
Dennis Davis (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
Overview
| Availability(Quotas apply) | November |
|---|---|
| Fees | Look up fees |
This subject seeks to understand how judges arrive at judgments and thus the complex question of adjudication. By examining key elements of the vast literature that has analysed the process of adjudication, the course attempts to develop the conceptual tools by which each student can approach the reading of judgments of courts. The subject then intensively discusses a number of important cases from various jurisdictions – the United Kingdom, the United States, Australia, South Africa and Canada. By applying the insights learned from the earlier conceptual discussion, the course examines the judicial mind that has given rise to the judgments so studied. In this way, the subject talks to practitioners who litigate and can reflect on the means of help shaping the judgment they so seek, as well as to those lawyers who wish to develop a comprehensive understanding of both the theory and practice of adjudication.
Indicative list of principal topics:
- A critical reading of key texts – Hart, Raz, Fuller, Dworkin, Habermas, Derrida and Kennedy
- Language, linguistic theory and the law
- Reading judgments (Australian and comparative) – both in the area of constitutional/human rights law and private law
- The impact of political emergency upon the judicial function/adjudication.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have a sophisticated awareness of the range of factors that shape a judgment
- Understand and be able to evaluate the weight of precedent, legal discourse, political ideology, judicial philosophy and advocacy upon the outcome of the case
- Be able to critically evaluate the key academic texts that have set out the main theories of adjudication, at an advanced level
- Have heighted critical capacities to understand judgments and to examine legal developments through the courts by employing a theory or theories of adjudication.
Last updated: 4 March 2025
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are taught at an advanced graduate level and requires a thorough background in common law. While efforts are made to meet the needs of students trained in other fields, teaching and assessment activities are designed to give an advanced and integrated understanding of the discipline of law for legal practitioners, learners and researchers.
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 |
|---|---|---|
Option 1: Take-home examination
| 9-12 January 2026 | 100% |
Option 2: Research paper on a topic approved by the subject coordinator, a rough preliminary draft of which is to be presented in class
| 21 January 2026 | 100% |
| Hurdle requirement: A minimum of 75% attendance | Throughout the teaching period | N/A |
Additional details
Note: Students must choose assessment from the options listed above. If an option contains parts, all parts must be completed if that option is chosen.
Last updated: 4 March 2025
Quotas apply to this subject
Dates & times
- November
Principal coordinator Dennis Davis Mode of delivery On Campus (Parkville) Contact hours 34 Total time commitment 150 hours Pre teaching start date 15 October 2025 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 12 November 2025 to 18 November 2025 Last self-enrol date 20 October 2025 Census date 14 November 2025 Last date to withdraw without fail 19 December 2025 Assessment period ends 30 January 2026 November contact information
Teaching staff:
Dennis Davis (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
Please refer to the Melbourne Law Masters enrolment webpage for further information about re-enrolment, subject quotas and waitlists.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 4 March 2025
Further information
- Texts
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Commercial Law Course Graduate Diploma in Government Law Course Graduate Diploma in Dispute Resolution Course Master of Laws Course Graduate Diploma in Laws Course Master of Public and International Law Course Juris Doctor - Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If subject coordinator approval is required, or for further information about Community Access Program study, please contact us
- Available to Study Abroad and/or Study Exchange Students
Last updated: 4 March 2025