Skip to main content
Unit outline_

LAWS5213: Philosophy of Criminal Law

Semester 1, 2022 [Normal day] - Remote

This course examines and evaluates theories of law through the perspective of the criminal law. It has been said that criminal law may be understood as an application of certain tenets of liberal moral and political philosophy. But the politicisation of crime, penal populism and the rise of the administrative state and the co-evolution and fragmentation of notions of personhood, citizenship, and society challenges this assumption. The course surveys leading theories of criminal law and attempts to use them to critically assess the evolving mix of criminal law doctrines, practices and procedures in place in legal systems such as those of Australia. Topics include the nature of criminal responsibility, the moral limits of the criminal law, objects of criminalisation and legal subjectivity. This unit satisfies the Part 2 (Jurisprudence) requirement of the LLB.

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
LAWS5004
Corequisites
? 
None
Prohibitions
? 
LAWS3513
Assumed knowledge
? 

None

Available to study abroad and exchange students

Yes

Teaching staff

Coordinator Arlie Loughnan, arlie.loughnan@sydney.edu.au
Type Description Weight Due Length
Presentation Class presentation
Students required to sign up in advance of first class.
10% Ongoing 10 minutes
Outcomes assessed: LO1 LO4 LO3 LO2
Participation Class Participation
Students to facilitate discussion in first half of particular class.
10% Ongoing Ongoing
Outcomes assessed: LO1 LO4 LO3 LO2
Assignment Report
Report on the reading(s) associated with class presentation.
20% Ongoing 1000 words maximum
Outcomes assessed: LO1 LO4 LO3 LO2
Assignment Research Essay
Students to choose topic in consultation with unit coordinator.
60% Week 09
Due date: 27 May 2022 at 12:00

Closing date: 10 Jun 2022
4000 words maximum
Outcomes assessed: LO1 LO2 LO3 LO4

Assessment summary

This unit is taught in two-hour seminars. Generally, the first hour of each seminar focuses on a selected topic through a presentation by a student(s) in the class on the materials set for reading. The second hour of class focuses on an analysis and evaluation of the material presented earlier and a discussion of particular issues arising from the readings.  Students, working either individually or in a group, will have primary responsibility for at least one topic covered during the course of the semester, and will have primary responsibility for facilitating the discussion in the first half of a particular class. 

The teaching/learning strategy of this course centres on an interactive seminar format. This format is a particularly good vehicle for understanding philosophical arguments, creating space for diverse critical perspectives on those arguments, and for developing your ability to contextualise legal rules against dynamic social settings. The intention behind the seminar strategy is twofold: first, to consolidate and develop the knowledge that students acquire through their readings and, second, to nurture the student’s capacity for critical thought through classroom discussion. The topics will remain discrete as seminar entities for the purpose of class presentations. However, there are areas of overlap from topic to topic and recurrent themes – both substantive and methodological – which bind the course material together.

The class presentation will form a component of the class participation mark for the unit of study. Students will take the lead in discussion of the relevant material in a particular class. You are required to sign up for one class in advance of the first class of the semester/in the first class of the semester. Some students might like to link the presentation topic with their research essay which may then provide them with the opportunity to test some important themes for their essay analysis with the rest of the class.

Students will be expected to show competencies and levels of understanding which are compatible with the advanced study of criminal law and philosophy of criminal law. The assessment regime is designed not only to identify student attainment but also to provide students with the opportunity to widen their research and reading as well as to benefit from feedback regarding their research and participation.

 

Class Presentation and Class Participation (20%)

  • Class Presentation (10%) assessment will be based on the observations of the unit coordinator and on self-reflection by students. Students are required to present on a particular topic/one of the readings over the course of the semester (10%). Criteria for this assessment include evidence of preparation, and a demonstrated knowledge of the required readings.
  • Class Participation (10%) assessment will be based on in-class participation across the semester (10%).  Criteria for this assessment include feedback on the class presentation of one of the readings to be given in class.

 

Report on Readings (20%) Students are required to submit a report, 1000 words maximum, on the reading(s) associated with their class presentation, which will include an overview and a critical engagement with it.  Further information about the report will be provided in class. The Report is due in class at the time of the class presentation (ie various dates throughout the semester).

 

Research Essay (60%) The research essay will be based on a topic chosen by the student in consultation with the unit coordinator. Essay plans must be submitted to the unit coordinator by 5pm Thursday 31 March. The research essay permits the student to focus on a topic of interest, and to develop independent research and analytical skills. The word limit is 4,000 words maximum. The Research Essay is due on Friday 27 May by 12pm.  Students must retain pre-submitted drafts of their assessment on file. The outcome of a successful Special Consideration application prior to the closing date (as specified in the Assessment Table) is an extension. Special consideration after that date leads to an alternative assessment which may include a viva (oral exam) or will be determined by the discretion of the lecturer.

 

Assessment Criteria All assessments submitted to the Sydney Law School will be subject to analysis by similarity detecting software. The software is used as a tool to assist in identification of work that is poorly referenced or has been cut and pasted from other people’s work without attribution, and to assist the Sydney Law School in its educational function of ensuring that students learn to attribute the words and ideas of others appropriately.

  1. Substantive dimensions of assessment are similar to those used in assessing written work. Students should seek to show that they understand the application of, and underlying reason for the use of, the skills emphasised in the seminars. 
  2. Students will be assessed on the quality rather than the quantity of their contributions. Nevertheless, it is difficult to award marks to students who are absent or who do not participate in the seminar discussion and exercises. 
  3. The following descriptions are of “typical” levels of performance in certain categories of marks. The categories are based on total marks of 10 for seminar performance: 

0 - 2        Unacceptable level of absence from seminars. Participation virtually non-existent. Little, if any, preparation apparent. Obvious lack of commitment to the unit.  

2.5 - 5     Irregular attendance without explanation. Inconsistent preparation. Evidences a poor understanding of the application of, and underlying reason for the use of, the skills emphasised in the seminars. 

5.5 - 7     Regular attendance, with reasonable level of preparation. Participates in seminar discussions, but sometimes exhibits a lack of comprehension of the topic. Adequate participation in seminar exercises

7.5 - 8     Regular attendance and preparation. Either a good deal of participation of variable quality or less participation but good quality. Demonstrates a reasonable comprehension of topics under consideration. 

8.5 - 10   Regular attendance. High quality participation based upon thorough preparation. Demonstrates an excellent comprehension of topics under consideration. Evidence of capacity to develop innovative approaches to such topics. 

A student must make a satisfactory attempt of all assessment tasks set out for this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

 

Assessment criteria

Fail (Below 50%)

Work may fail for any or all of the following reasons:

  • Does not answer the question.
  • Contains significant or numerous errors.
  • Few or no identifiable arguments.
  • Content that is inappropriate or irrelevant.
  • Lack of research or analysis.
  • Difficult or impossible to understand through poor grammar, expression or structure.
  • Overall, does not demonstrate the minimum level of competence in the assessment.

 

Pass (50-64%)

Work receiving a pass grade will generally exhibit the following characteristics:

  • Identifies the key issues, but does not follow through with a reasoned argument.
  • Contains some significant errors.
  • Displays satisfactory engagement with the key issues.
  • Offers descriptive summary of material relevant to the question.
  • Superficial use of material, and may display a tendency to paraphrase.
  • Demonstrates little evidence of in-depth research or analysis.
  • Adequate expression.
  • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.

 

 

Credit (65-74%)

Work receiving a credit grade will generally exhibit the following characteristics:

  • Covers main issues fairly well in answering the question.
  • Contains no significant errors
  • Demonstrates an attempted critical approach to the issues.
  • Demonstrates reasonably sound research and analysis in addressing the key issues.
  • Has a clear structure and reasonably clear expression.

 

Distinction (75-84%)

Work receiving a distinction grade will generally exhibit the following characteristics:

  • Completely answers the question.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research and analysis to support a well-documented argument.
  • Generally well expressed and free from errors.
  • Has a clear structure and is well articulated.

 

High Distinction (85% +)

Work receiving a high distinction grade will generally exhibit the following characteristics:

  • Completely answers the question.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research (where independent research required).
  • Exceptionally well written, structured and expressed.
  • Is otherwise exceptional in some way.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 5% of the total marks allocated to the piece of assessment per calendar day or part thereof.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

WK Topic Learning activity Learning outcomes
Week 01 Introduction - What of Criminal Law?; Philosophy of What? Seminar (4 hr) LO1 LO2 LO3 LO4
Week 02 Crimes as Public Wrongs; The Person of the Law Seminar (4 hr) LO1 LO2 LO3 LO4
Week 03 Causation; Responsibility I - Choice and Capacity Seminar (4 hr) LO1 LO2 LO3 LO4
Week 04 Responsibility II - Character, Capacity, Outcome; Skills workshop - reading and writing philosophy Seminar (4 hr) LO1 LO2 LO3 LO4
Week 05 Moral Limits of the Criminal Law I - Harms; Moral Limits of the Criminal Law II - Wrongs Seminar (4 hr) LO1 LO2 LO3 LO4
Week 06 Moral Limits of the Criminal Law III - Role of History and Context; Objects of Criminalisation - Causing Offence Seminar (4 hr) LO1 LO2 LO3 LO4
Week 07 Objects of Criminalisation - Failure to Reassure; Complicity Seminar (4 hr) LO1 LO2 LO3 LO4
Week 10 Consent; Excuse and Justification Seminar (4 hr) LO1 LO2 LO3 LO4
Week 11 Incapacity; The Justification of Punishment Seminar (4 hr) LO1 LO2 LO3 LO4
Week 12 Penal Abolition; Skills and Revision Seminar (4 hr) LO1 LO2 LO3 LO4

Attendance and class requirements

Attendance: All students are required to attend 70% of classes to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by online attendance as per the delivery mode of the unit.

Word count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 2% of the total marks available for the piece of assessment for every 100 words, or part thereof over the limit. The total word count for essay and other written assessments will exclude bibliography; footnote numbers; footnote citation; cover page and include body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

There is no textbook for this unit.  Required readings will be available electronically on the Canvas site.

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

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

  • LO1. Through an analysis and evaluation of aspects of the philosophy of criminal law, students should acquire an understanding of the connections between philosophy and criminal laws, practices.
  • LO2. Students should be able to identify the theoretical and thematic interconnections between criminal law doctrines through a philosophical analysis.
  • LO3. Students should develop a familiarity with a range of different theoretical traditions in philosophy of criminal law and be able to engage in critical reading of works of philosophy of criminal law, legal theory and related fields.
  • LO4. Students should develop the ability to evaluate and synthesise in a contemporary context the knowledge acquired from class discussion and readings.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

Student feedback from the first time this unit was offered in 2018 has been taken into account in revising the unit for offer in 2022.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.