Units

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Sample subject outline - Semester 1 2012

Note: Subject outlines often change before the semester begins. Below is a sample outline.

Rationale

The practice of law requires an understanding and appreciation of its philosophical and theoretical foundations. These notions guide the development of the policies underlying law, and inform changes to law through legislative and judicial action. Legal theory, also known as jurisprudence, has exerted an enduring influence on the direction and nature of legal thought in the common law world and through all legal systems. In order to effectively participate in the practice of law, law graduates need to understand the underlying, and often unstated, philosophies that guide the developing law, especially through decisions at the highest level. The unit is placed in the latter stages of the course as it builds on existing attributes, skills and substantive knowledge, and develops these to a higher level.

Aims

This unit aims to foster and develop a basic appreciation of the major theoretical and philosophical approaches that have guided the law in all stages of its development, and the impact that conflicting and competing theoretical frameworks have in assisting with the resolution of novel and difficult legal problems.

Objectives

On the successful completion of this unit, you should:

1. have acquired knowledge of the major movements in legal philosophy and legal theory, including an understanding of the historical, economic, political and social contexts in which these movements emerged;

2. be able to understand the ways these philosophies and theories are used in law at all levels of practice, and be able to evaluate the impact and effect that these philosophies and theories have had on legal thinking and practice;

3. using these philosophies and theories, be able to provide solutions to novel and difficult legal problems, and to reappraise established legal approaches in contemporary circumstances;

4. have acquired 'critical reflective' competencies so that you can develop and construct effective solutions and reappraisals, to enhance standard legal problem solving methods

5. have acquired the capacity for reflective practice through tasks designed to demonstrate its importance as an essential component of lifelong learning; and

6. be able to effectively communicate in a range of modes, focussing on the capacity to work with a small group of people over a period of time, requiring an ethical orientation, an inclusive perspective, a social justice orientation, and an appreciation of race, culture, gender and socio-economic differences.

Content

The content of this unit seeks to impart both knowledge based content and process based competencies that will result in independent learning outcomes, which will provide a sound foundation for lifelong learning.

1. Overview and skills
Critical reading and writing methods
Requirements of independent learning
Development of reflective practice
The inculcation of ethical and attitudinal attributes through syndicate work
The expectations of social and relational competences through syndicate work
Content overview
Outline writing

2. Module One - Natural Law
Historical and contemporary natural law theories

3. Module Two - Modern Legal Thought: historical and conventional approaches
Modernism and Liberalism and Law as Science, Bentham and Austin, Hart and Kelsen

4. Module Three - Modern Legal Thought: critical aspects
Marx, Weber and Durkheim, Sociological Legal Theories, American Legal Realism

5. Module Four - Modern Legal Thought: contemporary rights theory
Dworkin

6. Module Five - Contemporary Critique
Critical Legal Studies, Postmodern Legal Thought, Feminist Theories of Law, Critical Race Theory and postcolonial legal theory

Approaches to Teaching and Learning

The teaching and learning approaches for this unit aim to encourage and assist you to engage in the active and interactive learning of legal theory and philosophy. They are designed to foster and develop your abilities as self-directed independent learners, and aim to enhance your ability to be adaptable and open to unique, novel and untested legal scenarios. As a third-level unit, you will be expected to bring earlier level capabilities to this unit, and to be equipped to engage with the expectations set in this unit.



1. Weekly two hour workshops (internal)

You will participate in 12 x 2 hour workshops throughout semester, which makes up a total of 24 hours face-to-face contact with your tutor. Of this contact time, 12 hours will be conducted through small syndicate groups running concurrently in your workshop, in which you will rotate through a series of activities designed to enhance your independent learning. The workshops require active participation and thorough preparation by working through the prescribed readings before each class.

The role of your tutor in the workshops is to guide your work to assist you develop your critical reflective practices. Through the range of activities, the workshops will also develop your oral communication skills, and attitudinal skills.

2. Online discussion board and recorded tutorial sessions (External)

You will participate in 12 weekly online discussion forum sessions over the semester. You will be expected to actively contribute and engage in a dialog with your peers and the tutor each week. This will require you to access the online forum several times over the course of each week. You will need to prepare by completing your readings in advance each week and listening to the online recordings of the internal tutorial sessions (1 hour per week)
The role of your tutor in the discussion forum is to guide your work to assist you develop your critical reflective practices. Through the range of activities, the workshops will also develop your written communication skills and attitudinal skills.

3. Reflective journal

This two stage activity is integral to understanding your own process of development through a staged task. It is designed to give you an insight into how your understanding of a topic develops through exposure to new information and ideas, and how this process is part of the reflective practice that continues through lifelong learning.

Assessment

Active participation in workshops and the online discussion forum, based on your own preparation, will provide you with immediate feedback about your understanding of the unit content, the process of learning and your attitudinal and communication skills.

The leadership activities you undertake provide you with both formative and summative elements, designed to feed into the major piece of summative assessment for the semester. You are provided with feedback in the next teaching week after you have undertaken this work.

Your reflective journal provides you with the opportunity to reflect on your own development from an early to later stage of semester.

Assessment name: Workshop Dicuss & Leadership
Description: Participation comprises the level of preparation and contribution you make to the workshops, and includes the ability to balance your ability to speak with your ability to actively listen. It is possible to attend all workshops and receive no marks for participation.

The participation component also includes one leadership exercise during the semester in which you will facilitate a small group discssuion of the tutorial questions. This will include both a short written component and an oral leadership component.
Relates to objectives: 1-6
Weight: 30%
Internal or external: Internal
Group or individual: Individual
Due date: Ongoing

Assessment name: Reflective Journal
Description: This journal is submitted in two parts. The first 'in-progress' part is submitted by you and recorded by the online teaching system.

The second part is the complete journal, comprising the unchanged 'in-progress' part you initially submitted to the online teaching system, and your later response to it.
Relates to objectives: 1-5
Weight: 10%
Internal or external: Both
Group or individual: Individual
Due date: Week 3, 7 and 8

Assessment name: Online Discussion Forum
Description: Students are expected to participate each week in an online discussion forum. Participation marks are awarded on the basis of active contribution and dialogue on the forum, and students are expected to access the forum multiple times throughout each week in order to fully participate in the discussion. You will also undertake a leadership task once in the semester, in which you will be expected to facilitate the discussion of the tutorial questions for a particular week.
Relates to objectives: 1-6
Weight: 30%
Internal or external: External
Group or individual: Individual
Due date: TBA

Assessment name: Take Home Exam (written)
Description: You undertake one question only from three, using theories from three modules of unit. In week 12 of semester, you will be told of the "exam groupings", but not the exam question. You will be able to make a choice of question based on these groupings, and undertake in depth preparation for the take-home examination. The take-home exam will be scheduled in the examination period.
Relates to objectives: 1-5
Weight: 60%
Internal or external: Both
Group or individual: Individual
Due date: Exam Period

Academic Honesty

Academic honesty means that you are expected to exhibit honesty and act responsibly when undertaking assessment. Any action or practice on your part which would defeat the purposes of assessment is regarded as academic dishonesty. The penalties for academic dishonesty are provided in the Student Rules. For more information you should consult the QUT Library resources for avoiding plagiarism.

Resource materials

Prescribed Texts

Margaret Davies: Asking the Law Question 3rd edition, Law Book Co 2008
Leiboff and Thomas: Legal Theories: Contexts & Practices, Thomson Reuters 2008

Recommended Text

Freeman Lloyd: Introduction to Jurisprudence 8th edition, Sweet and Maxwell 2008

References

Sandra Berns: Concise Jurisprudence, Federation Press: Sydney 1993
Roger Cotterell: The Politics of Jurisprudence: a Critical Introduction to Legal Philosophy, Butterworths: London 1989
JW Harris: Legal Philosophies 2nd edition, Butterworths: London 1997
McCoubrey and White: Textbook on Jurisprudence 2nd edition, Blackstone Press: London 1996
Raymond Wacks Swot: Jurisprudence 5th edition, Blackstone Press: London 1999
Ian Ward: An Introduction to Critical Legal Theory 2nd edition, Cavendish Publishing: London 2004

Online resources for this unit are available at Blackboard.

Risk assessment statement

There are no out of the ordinary risks associated with this unit

Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

Last modified: 21-Dec-2011