SPECIAL NOTE:Compulsory core unit for students in new Law degrees, who commenced in 2013 or later, with course codes: 63I, 63J, 63K, 63L, 63M, 63N, 63O and 63P.
Introduces students to moral debates about what the content of the law ought to be and to some of the major theories of law, such as Natural Law, Positivism and Realism and some of the most influential modern theories, including those of Professors Hart and Dworkin. The aim is to encourage students to think about the possible justifications for law and for the powers judges exercise. The unit is divided into two parts: (a) a consideration of whether the criminal law should be used to enforce morality or to prevent harm, leading to a consideration of whether the state should seek to make people morally better or to implement a vision of the good life; and (b) an analysis of theories of law including Natural Law, Positivism and Dworkin's theory by examining the types of justification which they give for judicial decisions especially in hard cases.
ASSESSMENT: 1500-word paper (30%); 2,500-word paper (60%), performance in tutorials (10%).
TEACHING PATTERN: 2 lectures/seminars and 1 tutorial per week
FLEXIBLE & ONLINE STUDY OPTIONS Note: Class attendance may still be required
Units are offered in attending mode unless otherwise indicated (that is attendance is required at the campus identified). A unit identified as offered by distance, that is there is no requirement for attendance, is identified with a nominal enrolment campus. A unit offered to both attending students and by distance from the same campus is identified as having both modes of study.
Campus - H Hobart, L Launceston, W Burnie. Study Centre - V Sydney, R Rozelle, P Beauty Point. Distance units may also have a campus identifier of I Isolated, N Interstate, O Overseas. Units delivered in Transnational Education (TNE) Programs have a campus identifier of A Hangzhou, F Fuzhou, G Shanghai, K KDU Malaysia, Q Kuwait or Y Hong Kong.