This unit of study will introduce the fundamental notions of jurisprudence understood as a theory about the aims, functions and values of law and legal system. It will aim to provide students with the critical understanding of the central issues in philosophy of law understood as a general, abstract, normative reflection on law as such rather than an examination of a concrete legal system. Nevertheless, the purpose will be to provide students with the conceptual means allowing them to conduct a critical scrutiny of particular legal systems and legal rules with which they are familiar. The course will consider, in particular (1) the notions of legitimacy, validity and authority of law; (2) the idea of rights and the nature of the rights discourse; (3) the justifications and limits of liberty rights; (4) the concept of justice, as applied to law, (5) the sources and limits of our obligation to obey the law, etc. The Berlin course will include guest lectures by distinguished German legal scholars on jurisprudential traditions and controversies in Germany
Sydney 7x6hr seminars/wk for 7 weeks. Berlin: Taught intensively in Berlin from 19 - 25 July (tba).
Sydney: class presentation and 2000wd written report (20%), class participation (20%), final take-home exam (60%). Berlin: Pre-course 2000wd reaction note (20%), class participation (20%), 4000wd take-home exam (60%).
This unit satisfies the Jurisprudence/Part 2 requirement of the LLB. Enrolment is by separate application to the Law School.
LAWS3459 or LAWS5154