Theories of Legal Authority
LAWS5198
This unit of study examines the nature and justification of legal authority from a jurisprudential perspective. It is often thought that the law, in contrast to other systems of norms, makes a special claim of authority over us. In the course, we will aim to understand this complex normative relationship that citizens bear to the legal systems to which they are subject. Among the questions to be addressed are: what authority does the law have over us? Is there anything unique about it? What is the relationship between the legitimacy and authority of law? How is legal authority justified? Does sovereignty imply authority? What is the authority of precedent? What does obedience to the law require? Is obedience the only way to conform to or satisfy the requirements of the law? Readings will include classic and contemporary scholarly articles on these issues.
Unit of study details
Unit of study level: Postgraduate
Credit points: 6
Commencing semesters: 1
Further unit of study information
Unit of study handbook: LAWS5198
Costs and scholarships information: Costs and Scholarships
Final dates to withdraw from units of study: Census Dates
Available for study abroad and exchange: No