Note: This is an archived Handbook entry from 2016.
|Dates & Locations:
This subject has the following teaching availabilities in 2016:February, Parkville - Taught on campus.
Timetable can be viewed here. For information about these dates, click here.
|Contact Hours: 35 hours
Total Time Commitment:
|Recommended Background Knowledge:
|Non Allowed Subjects:
|Core Participation Requirements:
The Melbourne Law School welcomes applications from students with disabilities. It is University and Law School policy to take all reasonable steps to enable the participation of students with disabilities, and reasonable adjustments will be made to enhance a student's participation in the School's programs.
The inherent academic requirements for the study in the Melbourne Law School are:
Students must possess behavioural and social attributes that enable them to participate in a complex learning environment. Students are required to take responsibility for their own participation and learning. They also contribute to the learning of other students in collaborative learning environments, demonstrating interpersonal skills and an understanding of the needs of other students. Assessment may include the outcomes of tasks completed in collaboration with other students.
Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact Student Equity and Disability Support.
CoordinatorProf Ian Malkin
In this foundational subject, students will develop a broad, sophisticated and critical understanding of the core elements of legal method and reasoning in Australia's common law legal system. Students in Legal Method and Reasoning will analyse the principal sources of law and the functions they perform in modern Australian society. The relationship between sources of law will be explored in depth, as will the principal contemporary debates on common law method and the ways in which different sources of law have evolved.
Methodological issues will be considered in substantive context, to give students an understanding of the social role of law. Throughout this intensively taught subject, students will critically interrogate whether or not these sources of law, the institutions from which they are derived and the methodologies employed to develop binding rules and principles of law are in need of reform.
Students will be taught in highly interactive, discussion-oriented classes.Assessment tasks will be designed to give students detailed, formative feedback on their skills they have acquired in the subject.
Legal Method and Reasoning's emphasis is on the contemporary application of the rules and principles governing how the common law and statutory law operate. Moreover, this subject will explore issues in contemporary common law reasoning that are presently unresolved and the subject of contention. Furthermore, given its foundational subject matter, this subject will prepare students for the compulsory subjects they undertake in their first full semester of studies.
The principal topics which are canvassed in depth include:
A student who has successfully completed Legal Method and Reasoning will have the foundations for the development of an advanced, integrated knowledge of the core elements of legal method and reasoning in common law legal systems as well as a critical understanding of the principal sources of law and the functions they perform in modern Australian society. In particular, such a student should be able to:
All assessment will be graded as hurdle requirements. Students must pass all assessment tasks to be awarded a pass in the subject.
The due date of the above assessment will be available to students via the LMS.
This subject is not available as a breadth subject.
|Subject EFTSL, Level, Discipline & Census Date
A student who successfully completes Legal Method and Reasoning will have developed and demonstrated:
Students who have successfully completed Legal Method and Reasoning will also have:
Juris Doctor/Master of Business Administration
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