LLH475 Theories of Law
To view more information for this unit, select Unit Outline from the list below. Please note the teaching period for which the Unit Outline is relevant.
| Unit code: | LLH475 |
|---|---|
| Prerequisite(s): | LLH302. LLH302 can be studied in the same teaching period as LLH475. |
| Credit points: | 12 |
| Timetable | Details in HiQ, if available |
| Availabilities |
|
| CSP student contribution | $2,040 |
| Pre-2021 CSP student contribution | $1,597 The pre-2021 commonwealth supported place (CSP) contribution amount only applies to students enrolled in a course prior to 2021. To learn more, visit our Understanding your fees page. |
| Domestic tuition unit fee | $3,024 |
| International unit fee | $4,044 |
Unit Outline: Semester 1 2024, Gardens Point, Internal
| Unit code: | LLH475 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLH302. LLH302 can be studied in the same teaching period as LLH475. |
| Coordinator: | Alex Deagon | alex.deagon@qut.edu.au |
Overview
This unit advances your understanding and appreciation of the philosophical and theoretical foundations of the law. These notions guide the development of the policies underlying law, and inform changes to law through legislative and judicial action. This advanced elective is placed in the final year of the course as it builds on your existing attributes, skills and substantive knowledge, and develops these to a higher level.
Learning Outcomes
On successful completion of this unit you will be able to:
- Explain the major movements in legal philosophy and legal theory, including the historical, economic, political and social contexts in which these movements emerged (CLOs 1.1, 1.4)
- Evaluate the use, impact and effect of philosophies and theories on legal thinking and practice (CLOs 1.4, 2.3)
- Critically reflect on and apply legal philosophies and theories to devise solutions to novel and difficult legal problems and reappraise established legal approaches in contemporary circumstances (CLOs 2.1, 2.3)
- Select and appraise relevant sources and apply appropriate research methods (CLOs 3.1, 3.2)
- Communicate effectively with a wide range of audiences (CLOs 4.1).
Content
The content of this unit provides you with both knowledge-based content and process-based competencies that will result in a sound foundation for lifelong learning.
1. Overview and skills
2. Module One - Natural Law
3. Module Two - Modern Legal Thought: Historical and conventional approaches
4. Module Three - Modern Legal Thought: Critical aspects
5. Module Four - Modern Legal Thought: Contemporary rights theory
6. Module Five - Contemporary Critique
Learning Approaches
This unit employs a problem-based and collaborative approach to learning that encourages you to explore
legal theory and philosophy and to be adaptable and open to unique, novel and untested legal scenarios. It involves an online self-led learning practice and live workshops where you will learn from experts and your peers.
Your participation in the unit will include:
• Independent engagement with interactive online modules to support the development of your understanding and skills
• Interactive workshops designed to provide opportunities for you to interact with the lecturers and your peers. As the workshops are designed to build on the required readings and learning activities, and enable discussion of key concepts and provide opportunities to practice your skills, you are expected to complete the online learning prior to the workshop. The workshops will be recorded and available for all students.
• Online discussions to engage internal and external students in the content and to facilitate collaborative learning.
Feedback on Learning and Assessment
You will receive feedback through:
• the collaborative workshops
• online discussions
• individual feedback on your assignment, including the completed criteria-referenced assessment form
• generic feedback provided on the unit's Canvas site; and
• individual consultation with a member of the teaching team.
Assessment
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Policy Submission
Acting as a representative of a private think tank, you will write a submission to a government review that provides a theoretical critique of a proposed legislative reform and recommends a course of action.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Take-home exam
You will undertake one question only from three, using theories from three of the unit modules. The exam will require you to critique a judgment, policy or legislation through the theories.
Academic Integrity
Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.
Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.
Resources
Online resources for this unit are available on Canvas.
Resource Materials
Prescribed text(s)
Michael Freeman, Lloyd's Introduction to Jurisprudence (Sweet and Maxwell, 9th ed, 2014)
Recommended text(s)
Marett Leiboff and Mark Thomas, Legal Theories: Contexts & Practices (Thomson Reuters, 2nd ed, 2014)
Margaret Davies, Asking the Law Question (Law Book Co., 3rd ed, 2008)
Reference book(s)
Ian Ward, An Introduction to Critical Legal Theory (Cavendish Publishing, 2nd ed, 2004)
JW Harris, Legal Philosophies (Butterworths, 2nd ed, 1997)
James Penner and Emmanuel Melissaris, McCoubrey and White's Textbook on Jurisprudence (Blackstone Press, 5th ed, 2012)
Raymond Wacks, Jurisprudence (Blackstone Press, 5th ed, 1999)
Roger Cotterell, The Politics of Jurisprudence: A Critical Introduction to Legal Philosophy (Butterworths, 1989)
Sandra Berns, Concise Jurisprudence (Federation Press, 1993)
Risk Assessment Statement
There are no out-of-the-ordinary risks associated with this unit.
Course Learning Outcomes
This unit is designed to support your development of the following course/study area learning outcomes.LW36 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Policy Submission, Take-home exam - The application, operation and evolution of law in diverse and changing contexts
Relates to: ULO1, ULO2, Policy Submission, Take-home exam - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO3, Policy Submission, Take-home exam - Applying critical perspectives, including theoretical, technological, cultural and social perspectives, to evaluate law and policy
Relates to: ULO2, ULO3, Policy Submission, Take-home exam - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO4, Policy Submission, Take-home exam - Selecting and applying appropriate research methods
Relates to: ULO4, Policy Submission, Take-home exam - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO5, Policy Submission, Take-home exam
LW37 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Policy Submission, Take-home exam - The application, operation and evolution of law in diverse and changing contexts
Relates to: ULO1, ULO2, Policy Submission, Take-home exam - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO3, Policy Submission, Take-home exam - Applying critical perspectives, including theoretical, technological, cultural and social perspectives, to evaluate law and policy
Relates to: ULO2, ULO3, Policy Submission, Take-home exam - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO4, Policy Submission, Take-home exam - Selecting and applying appropriate research methods
Relates to: ULO4, Policy Submission, Take-home exam - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO5, Policy Submission, Take-home exam
Unit Outline: Semester 1 2024, Online
| Unit code: | LLH475 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLH302. LLH302 can be studied in the same teaching period as LLH475. |
Overview
This unit advances your understanding and appreciation of the philosophical and theoretical foundations of the law. These notions guide the development of the policies underlying law, and inform changes to law through legislative and judicial action. This advanced elective is placed in the final year of the course as it builds on your existing attributes, skills and substantive knowledge, and develops these to a higher level.
Learning Outcomes
On successful completion of this unit you will be able to:
- Explain the major movements in legal philosophy and legal theory, including the historical, economic, political and social contexts in which these movements emerged (CLOs 1.1, 1.4)
- Evaluate the use, impact and effect of philosophies and theories on legal thinking and practice (CLOs 1.4, 2.3)
- Critically reflect on and apply legal philosophies and theories to devise solutions to novel and difficult legal problems and reappraise established legal approaches in contemporary circumstances (CLOs 2.1, 2.3)
- Select and appraise relevant sources and apply appropriate research methods (CLOs 3.1, 3.2)
- Communicate effectively with a wide range of audiences (CLOs 4.1).
Content
The content of this unit provides you with both knowledge-based content and process-based competencies that will result in a sound foundation for lifelong learning.
1. Overview and skills
2. Module One - Natural Law
3. Module Two - Modern Legal Thought: Historical and conventional approaches
4. Module Three - Modern Legal Thought: Critical aspects
5. Module Four - Modern Legal Thought: Contemporary rights theory
6. Module Five - Contemporary Critique
Learning Approaches
This unit employs a problem-based and collaborative approach to learning that encourages you to explore
legal theory and philosophy and to be adaptable and open to unique, novel and untested legal scenarios. It involves an online self-led learning practice and live workshops where you will learn from experts and your peers.
Your participation in the unit will include:
• Independent engagement with interactive online modules to support the development of your understanding and skills
• Interactive workshops designed to provide opportunities for you to interact with the lecturers and your peers. As the workshops are designed to build on the required readings and learning activities, and enable discussion of key concepts and provide opportunities to practice your skills, you are expected to complete the online learning prior to the workshop. The workshops will be recorded and available for all students.
• Online discussions to engage internal and external students in the content and to facilitate collaborative learning.
Feedback on Learning and Assessment
You will receive feedback through:
• the collaborative workshops
• online discussions
• individual feedback on your assignment, including the completed criteria-referenced assessment form
• generic feedback provided on the unit's Canvas site; and
• individual consultation with a member of the teaching team.
Assessment
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Policy Submission
Acting as a representative of a private think tank, you will write a submission to a government review that provides a theoretical critique of a proposed legislative reform and recommends a course of action.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Take-home exam
You will undertake one question only from three, using theories from three of the unit modules. The exam will require you to critique a judgment, policy or legislation through the theories.
Academic Integrity
Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.
Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.
Resources
Online resources for this unit are available on Canvas.
Resource Materials
Prescribed text(s)
Michael Freeman, Lloyd's Introduction to Jurisprudence (Sweet and Maxwell, 9th ed, 2014)
Recommended text(s)
Marett Leiboff and Mark Thomas, Legal Theories: Contexts & Practices (Thomson Reuters, 2nd ed, 2014)
Margaret Davies, Asking the Law Question (Law Book Co., 3rd ed, 2008)
Reference book(s)
Ian Ward, An Introduction to Critical Legal Theory (Cavendish Publishing, 2nd ed, 2004)
JW Harris, Legal Philosophies (Butterworths, 2nd ed, 1997)
James Penner and Emmanuel Melissaris, McCoubrey and White's Textbook on Jurisprudence (Blackstone Press, 5th ed, 2012)
Raymond Wacks, Jurisprudence (Blackstone Press, 5th ed, 1999)
Roger Cotterell, The Politics of Jurisprudence: A Critical Introduction to Legal Philosophy (Butterworths, 1989)
Sandra Berns, Concise Jurisprudence (Federation Press, 1993)
Risk Assessment Statement
There are no out-of-the-ordinary risks associated with this unit.
Course Learning Outcomes
This unit is designed to support your development of the following course/study area learning outcomes.LW36 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Policy Submission, Take-home exam - The application, operation and evolution of law in diverse and changing contexts
Relates to: ULO1, ULO2, Policy Submission, Take-home exam - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO3, Policy Submission, Take-home exam - Applying critical perspectives, including theoretical, technological, cultural and social perspectives, to evaluate law and policy
Relates to: ULO2, ULO3, Policy Submission, Take-home exam - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO4, Policy Submission, Take-home exam - Selecting and applying appropriate research methods
Relates to: ULO4, Policy Submission, Take-home exam - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO5, Policy Submission, Take-home exam
LW37 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Policy Submission, Take-home exam - The application, operation and evolution of law in diverse and changing contexts
Relates to: ULO1, ULO2, Policy Submission, Take-home exam - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO3, Policy Submission, Take-home exam - Applying critical perspectives, including theoretical, technological, cultural and social perspectives, to evaluate law and policy
Relates to: ULO2, ULO3, Policy Submission, Take-home exam - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO4, Policy Submission, Take-home exam - Selecting and applying appropriate research methods
Relates to: ULO4, Policy Submission, Take-home exam - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO5, Policy Submission, Take-home exam