Jurisprudence

Subject 730-315 (2009)

Note: This is an archived Handbook entry from 2009. Search for this in the current handbook

Credit Points: 12.50
Level: 4 (Undergraduate)
Dates & Locations:

This subject is not offered in 2009.
Time Commitment: Contact Hours: One 2-hour seminar per week
Total Time Commitment: 144 hours
Prerequisites:

Legal Theory or equivalent.
Corequisites: None
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements:

For the purposes of considering request for Reasonable Adjustments under the Disability Standards for Education (Cwth 2005), and Student Support and Engagement Policy, academic requirements for this subject are articulated in the Subject Overview, Learning Outcomes, Assessment and Generic Skills sections of this entry.

It is University policy to take all reasonable steps to minimise the impact of disability upon academic study, and reasonable adjustments will be made to enhance a student's participation in the University's programs. Students who feel their disability may impact on meeting the requirements of this subject are encouraged to discuss this matter with a Faculty Student Adviser and Student Equity and Disability Support: http://services.unimelb.edu.au/disability
Subject Overview:

Jurisprudence is the study of the traditions through which law appears, is articulated and thought. This subject moves from a consideration of normative and rationalist traditions of legal thought to contemporary theories concerned with legal interpretation, judgement and justice. The theories will be studied in terms of their accounts of law as the form and idiom of human communication. The first part provides an introduction to the course, its structure and its themes. The second part discusses the extant schools of jurisprudence in terms of the organisation of power and knowledge. It addresses natural law traditions, positivist and realist understanding of the science of law, and critical legal studies and postmodernism. The third and final part studies relations between aesthetics, judgment and justice, and specifically focuses on theories of the rhetoric and literature of law.

Note: The essay in this subject is regarded as a substantial piece of legal writing.
Objectives: The overall objective of the course is to provide students with a historical and theoretical understanding of the jurisprudence of common law. It is expected that, at the end of the course, students would be able to:
• Critically evaluate the main strands of common law thought in terms of the practices of power and knowledge to which they have historically related;
• Critically analyse contemporary theories of law, literature and rhetoric
• Develop a jurisprudential account of the language of law by way of a case study
• Critically analyse contemporary theories of law, ethics and violence
• Understand the nature and roles of critique in jurisprudence.
Assessment:

Research assignment of 5000 words, 100% (due end of semester).
Prescribed Texts:

Printed materials will be issued by Melbourne Law School.
Recommended Texts:

Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills:

On completion of the subject, students should have developed the following generic skills:

  • attitudes towards knowledge that include valuing truth, openness to new ideas and ethics associated with knowledge creation and usage
  • the capacity for close reading and analysis of a range of sources
  • the capacity for critical and independent thought and reflection
  • the capacity to solve problems, including through the collection and evaluation of information
  • the capacity to communicate, both orally and in writing
  • the capacity to plan and manage time
  • intercultural sensitivity and understanding

In addition, on completion of the subject, students should have developed the following skills specific to the discipline of law:

  • The formulation and presentation of conceptual analysis;
  • Jurisprudential and interdisciplinary research;
  • Reading jurisprudential materials in their historical and cultural contexts;
  • Oral and written discussion of theoretical texts;
  • Ability to develop and research a self-selected topic
Related Course(s): Diploma in Arts (Philosophy)
Related Majors/Minors/Specialisations: Philosophy Major

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