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Unit of study_

LAWS5195: The Rule of Law and its Value

2025 unit information

This course will explore the nature and value of the rule of law through a critical examination of classical and contemporary writings in jurisprudence. Among the problems we will consider are: What features of a legal system contribute to bringing about the rule of law? What is 'legality'? What is the relationship between the rule of law and the rule of good law? Is it always a virtue, other things being equal, to apply valid legal rules? How far is the rule of law consistent with the indeterminacy of law or with discretionary decision-making? Is the rule of law an 'unqualified human good'? Why is it good? Should the rule of law ever be sacrificed for the sake of other goods? What does the World Justice Project Rule of Law Index measure? Is it defensible from a jurisprudential point of view, and useful in determining the nature and value of the rule of law? Readings will include historical sources from the ancient Greek and early modern periods, contemporary essays in legal, moral, and political theory, and other primary legal sources.

Unit details and rules

Managing faculty or University school:

Sydney Law School

Study level Postgraduate
Academic unit Law
Credit points 6
Prerequisites:
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None
Corequisites:
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None
Prohibitions:
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LAWS3495
Assumed knowledge:
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None

At the completion of this unit, you should be able to:

  • LO1. systematically address the questions of what the rule of law is, if and why the rule of law is valuable, and its role in contemporary political discourse
  • LO2. acquire a working understanding of the various jurisprudential theories of the rule of law
  • LO3. assess the practical significance and consequences of those theories in modern politics

Unit availability

This section lists the session, attendance modes and locations the unit is available in. There is a unit outline for each of the unit availabilities, which gives you information about the unit including assessment details and a schedule of weekly activities.

The outline is published 2 weeks before the first day of teaching. You can look at previous outlines for a guide to the details of a unit.

Session MoA ?  Location Outline ? 
Semester 1 2024
Normal day Camperdown/Darlington, Sydney
Session MoA ?  Location Outline ? 
Semester 1 2025
Normal day Camperdown/Darlington, Sydney
Outline unavailable
Session MoA ?  Location Outline ? 
Semester 2 2020
Normal day Camperdown/Darlington, Sydney
Semester 2 2021
Normal day Camperdown/Darlington, Sydney
Semester 1 2022
Normal evening Camperdown/Darlington, Sydney
Semester 1 2023
Normal day Camperdown/Darlington, Sydney

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Modes of attendance (MoA)

This refers to the Mode of attendance (MoA) for the unit as it appears when you’re selecting your units in Sydney Student. Find more information about modes of attendance on our website.