CQUniversity Unit Profile
LAWS13016 Jurisprudence
Jurisprudence
All details in this unit profile for LAWS13016 have been officially approved by CQUniversity and represent a learning partnership between the University and you (our student).
The information will not be changed unless absolutely necessary and any change will be clearly indicated by an approved correction included in the profile.
General Information

Overview

Unlike prior units which focus on law as it is - 'black-letter' law - this capstone unit considers more theoretical, analytical, doctrinal and philosophical aspects of the entire law enterprise - a specialised societal subsystem. This unit canvasses several philosophical doctrines including: natural law, legal positivism, sociological context of law and economic analyses of the law. These and related topics are explored in this unit to enable you to integrate legal knowledge into the broad inter-disciplinary mainstream and equip you with enhanced practical legal reasoning skills.

Details

Career Level: Undergraduate
Unit Level: Level 3
Credit Points: 6
Student Contribution Band: 10
Fraction of Full-Time Student Load: 0.125

Pre-requisites or Co-requisites

Prerequisite: 96 credit points in law units

Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).

Offerings For Term 3 - 2017

Distance

Attendance Requirements

All on-campus students are expected to attend scheduled classes – in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).

Class and Assessment Overview

Recommended Student Time Commitment

Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.

Class Timetable

Bundaberg, Cairns, Emerald, Gladstone, Mackay, Rockhampton, Townsville
Adelaide, Brisbane, Melbourne, Perth, Sydney

Assessment Overview

1. Written Assessment
Weighting: 40%
2. Group Discussion
Weighting: 20%
3. Written Assessment
Weighting: 40%

Assessment Grading

This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of ‘pass’ in order to pass the unit. If any ‘pass/fail’ tasks are shown in the table above they must also be completed successfully (‘pass’ grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the ‘assessment task’ section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University’s Grades and Results Policy for more details of interim results and final grades.

Previous Student Feedback

Feedback, Recommendations and Responses

Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.

Feedback from Student feedback and comments.

Feedback

The unit by its nature is quite demanding in that students are introduced to academic legal theory generally for the first time. But it is also rewarding for the same reason.

Recommendation

Students are encouraged to make the Study Guides their first point of call and not to overreach. The content of the Study Guides is selective and thematic. The discussion topics continue to be topical and provide reinforcement of the theory which precedes them.

Unit Learning Outcomes
On successful completion of this unit, you will be able to:
  1. Undertake an account of the ancient and modern history concerning an enquiry into the nature and purpose of law
  2. Demonstrate a sound knowledge of the main theories of law, disputes, doctrines, topics and principles canvassed in the unit and explain their ongoing relevance to current legal practice
  3. Apply the analytical and critical legal skills developed in the unit to contemporary legal problems, issues and challenges
  4. Undertake and effectively communicate research on topics and issues in this unit as well as formulating practical legal argumentation compliant with rationality requirements and acceptable modes of legal reasoning
  5. Act and respond appropriately to the comments and opinions expressed by others.
Alignment of Learning Outcomes, Assessment and Graduate Attributes
N/A Level
Introductory Level
Intermediate Level
Graduate Level
Professional Level
Advanced Level

Alignment of Assessment Tasks to Learning Outcomes

Assessment Tasks Learning Outcomes
1 2 3 4 5
1 - Written Assessment - 40%
2 - Group Discussion - 20%
3 - Written Assessment - 40%

Alignment of Graduate Attributes to Learning Outcomes

Graduate Attributes Learning Outcomes
1 2 3 4 5
1 - Communication
2 - Problem Solving
3 - Critical Thinking
4 - Information Literacy
5 - Team Work
6 - Information Technology Competence
7 - Cross Cultural Competence
8 - Ethical practice
9 - Social Innovation

Alignment of Assessment Tasks to Graduate Attributes

Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8 9
1 - Written Assessment - 40%
2 - Group Discussion - 20%
3 - Written Assessment - 40%
Textbooks and Resources

Textbooks

Prescribed

Jurisprudence Second (2013)

Authors: Suri Ratnapala
Cambridge UP
Melbourne Melbourne , Victoria , Australia
ISBN: 9781107612570
Binding: Paperback
Supplementary

Legal Theory 2nd (2014)

Authors: Jonathan Crowe
Thomson Reuters
Sydney Sydney , NSW , Australia
ISBN: 9780455231259
Binding: Paperback
Supplementary

The Concept of Law Third (2012)

Authors: HLA Hart
Oxford UP
Oxford Oxford , UK
ISBN: 978-0199644704
Binding: Paperback

Additional Textbook Information

The second edition of Hart, The Concept of Law (1994) is equally acceptable. By now there should be a good supply of second hand copies of all the textbooks, prescribed and supplementary. However, if you prefer a new copy, you can purchase at the CQUni Bookshop here.

IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
Referencing Style

All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 3rd ed

For further information, see the Assessment Tasks.

Teaching Contacts
Christopher Walshaw Unit Coordinator
c.walshaw@cqu.edu.au
Schedule
Week 1 Begin Date: 06 Nov 2017

Module/Topic

Legal Theory    

Chapter

Suri Ratnapala, Jurisprudence (2nd ed,

2013) Chs 1 and 9; Jonathan Crowe, Legal Theory (2nd ed, 2014) Chs 1 and 5; Lon Fuller "The Case of the Speluncean Explorers"(1949) 62 Harvard L Rev 616-645.

Events and Submissions/Topic

Week 2 Begin Date: 13 Nov 2017

Module/Topic

Legal Positivism    

Chapter

Suri Ratnapala, Jurisprudence (2nd ed, 2013) Chs 2, 3 and 4; Jonathan Crowe, Legal Theory (2nd ed, 2014) Ch 3; HLA Hart, The Concept of Law (2nd ed, 1994 or 3rd ed, 2014). 

Events and Submissions/Topic

Week 3 Begin Date: 20 Nov 2017

Module/Topic

Some Challenges to Legal Positivism   

Chapter

Suri Ratnapala, Jurisprudence (2nd ed,

2013) Ch 8; Jonathan Crowe, Legal Theory (2nd ed, 2014) Ch 4. 

Events and Submissions/Topic

Week 4 Begin Date: 27 Nov 2017

Module/Topic

Natural Law and the claim for rationality 

Chapter

Suri Ratnapala, Jurisprudence (2nd ed, 2013) Chs 6 and 7; Jonathan Crowe, Legal Theory (2nd ed, 2014) Chs 2 and 4. 

Events and Submissions/Topic

Vacation Week Begin Date: 04 Dec 2017

Module/Topic

Chapter

Events and Submissions/Topic

Week 5 Begin Date: 11 Dec 2017

Module/Topic

Theories of Adjudication    

Chapter

Suri Ratnapala, Jurisprudence (2nd ed, 2013) Chs 5 and 10; Jonathan Crowe, Legal Theory (2nd, 2014) Chs 6 and 8; Christopher Walshaw, Interpretation of Statutory Rules as Application: A Legal Hermeneutics (2012) (Link in Notes). 

Events and Submissions/Topic

Week 6 Begin Date: 18 Dec 2017

Module/Topic

Assessment One

Chapter

Events and Submissions/Topic

Assessment One is due on 22 December 2017. See under Assessments for details.


Assessment One: Written Assessment Due: Week 6 Friday (22 Dec 2017) 10:00 pm AEST
Week 7 Begin Date: 01 Jan 2018

Module/Topic

Discussion Topic: Law and Cultural Values 

Chapter

References in Study Guide Topic 6 and posted in Moodle for Week 7. 

Events and Submissions/Topic

Student presentations and participation in group discussions.See Assessment Two.

Week 8 Begin Date: 08 Jan 2018

Module/Topic

Discussion Topic: Evil Laws    

Chapter

References in Study Guide Topic 7 and posted in Moodle for Week 8. 

Events and Submissions/Topic

Student presentations and participation in group discussions.See Assessment Two.

Week 9 Begin Date: 15 Jan 2018

Module/Topic

Discussion Topic: Balancing Rights 

Chapter

References in Study Guide Topic 8 and posted in Moodle for Week 9. 

Events and Submissions/Topic

Student presentations and participation in group discussions.See Assessment Two.

Week 10 Begin Date: 22 Jan 2018

Module/Topic

Discussion Topic: Law and Revolution 

Chapter

References in Study Guide Topic 9 and posted in Moodle for Week 10. 

Events and Submissions/Topic

Student presentations and participation in group discussions.See Assessment Two.

Week 11 Begin Date: 29 Jan 2018

Module/Topic

Discussion Topic: Adjudication 

Chapter

References in Study Guide Topic 10 and posted in Moodle for Week 11. 

Events and Submissions/Topic

Student presentations and participation in group discussions.See Assessment Two.

Week 12 Begin Date: 05 Feb 2018

Module/Topic

Assessment Three: Completion of Research Assignment

 

Chapter

Events and Submissions/Topic

Assessment Three is due on 9 February 2018.


Written Assessment Due: Week 12 Friday (9 Feb 2018) 10:00 pm AEST
Review/Exam Week Begin Date: 12 Feb 2018

Module/Topic

Chapter

Events and Submissions/Topic

Exam Week Begin Date: 12 Feb 2018

Module/Topic

Chapter

Events and Submissions/Topic

Term Specific Information

Good quality internet is required for Assessment Two. Assessment Two consists of graded group discussions via Zoom.

Assessment Tasks

1 Written Assessment

Assessment Title
Assessment One: Written Assessment

Task Description

A written assessment in the form of a take home paper posted on 15 December 2017 at 18.00 (AEST), to be completed and posted within 48 hours between the day and time the student opens the exam paper and the day and time the student posts her or his answer. The paper contains four compulsory questions each worth 10%. Word limit for each answer for each of the questions is 500 words, excluding references. References are not required, except to avoid plagiarism. The paper questions will test your knowledge of Topics 1 – 5.


Answers are posted in one document on Moodle. 


Weighting of 40% for the unit (10% for each question).


Assessment Due Date

Week 6 Friday (22 Dec 2017) 10:00 pm AEST


Return Date to Students

Week 8 Friday (12 Jan 2018)


Weighting
40%

Assessment Criteria

1. Demonstrate a sound knowledge of the main theories of law canvassed in the unit.

2. Demonstrate an ability to formulate and express your own point of view about the main theories of law canvassed in the unit.

3. Apply appropriate and professional written language skills.
4. Demonstrate problem solving and critical thinking skills in response to each of the questions.


Rubrics for marking
The rubrics apply to each of the four questions, hence out of 10%.

The benchmark for each criterion includes each of the benchmark levels before it. For example to achieve a distinction you also need to meet the criteria for a credit and pass.

Students must achieve ALL the minimum benchmark criteria at a particular grade level to be awarded an overall final grade at that level. Marks are not divided among each individual criterion, but are benchmarked to minimum standards.

Pass 5 - 6

Identifies the topic relevant to the question and makes a coherent answer to the question. Basic understanding of the topic and basic confidence with the jurisprudential materials. Some deficiencies in written language skills.

Credit 7

Good presentation and moderate written language skills. Demonstrates some understanding of the topic and some confidence with the jurisprudential materials. Provides an accurate but incomplete answer to the question. Demonstrates some critical thinking.

Distinction 8

Superior presentation and written language skills. Demonstrates good understanding of the topic and confidence with the jurisprudential materials. Demonstrates critical thinking. Demonstrates a willingness and ability to form and express own point of view, supported by relevant materials. Provides a relatively complete answer to the question.

High Distinction 9 - 10

Demonstrates superior understanding of the topic, superior confidence with the jurisprudential materials and strong critical thinking. Demonstrates clearly a willingness and ability to form and express own point of view, supported by relevant materials together with an ability to think for oneself, supported with discussion of key theorists. Provides a complete answer to the question. 


Referencing Style

Submission
Online

Learning Outcomes Assessed
  • Undertake an account of the ancient and modern history concerning an enquiry into the nature and purpose of law
  • Demonstrate a sound knowledge of the main theories of law, disputes, doctrines, topics and principles canvassed in the unit and explain their ongoing relevance to current legal practice
  • Apply the analytical and critical legal skills developed in the unit to contemporary legal problems, issues and challenges
  • Undertake and effectively communicate research on topics and issues in this unit as well as formulating practical legal argumentation compliant with rationality requirements and acceptable modes of legal reasoning
  • Act and respond appropriately to the comments and opinions expressed by others.


Graduate Attributes
  • Problem Solving
  • Critical Thinking

2 Group Discussion

Assessment Title
Assessment Two: Group Discussions

Task Description

Group discussions of five topics in each of Weeks 7 to 11 as appears in the Scheme of Work. Each student presents one topic and all students attend and participate each week. The UC will discuss with students the distribution of discussion topics.

In the event that a student is unable to attend a discussion topic for good reason, the student may contact the Unit Coordinator before the first tutorial in the relevant week and arrange to submit by email attachment a brief response to the topic for that week in lieu of attendance. 


Weighting of 20 % for the unit.


Assessment Due Date

Marking will be progressive during Weeks 7-11 and will be returned to students from time to time during Weeks 8-12 and Exam Week.


Return Date to Students

Marking will be progressive during Weeks 7-11 and will be returned to students from time to time during Weeks 8-12 and Exam Week.


Weighting
20%

Assessment Criteria

1. Demonstrate a sound knowledge of the main theories of law canvassed in the unit.

2. Demonstrate an ability to formulate and express orally your own point of view about each of the discussion topics as they relate to the main theories of law canvassed in the unit.

3. Demonstrate problem solving and critical thinking skills in response to the assigned topic in which you lead discussion and generally in respect of each of the discussion topics.

4. Act and respond appropriately to the comments and opinions expressed by others.


Rubrics for marking

0 - 12 marks for preparing and making an oral presentation of approximately 5 minutes duration relevant to the Topic in the selected or appointed Week.

0 marks for absence; 1 – 3 marks minimal content; 4 – 6 marks good content; 7 – 9 marks very good content; 10 - 12 marks excellent content including original ideas.

PLUS 0 - 8 marks for attending and participating in the discussions in the other four weeks, i.e. 2 marks for participation each Week. Participation requires active engagement in the discussion.


Referencing Style

Submission
Offline

Learning Outcomes Assessed
  • Undertake an account of the ancient and modern history concerning an enquiry into the nature and purpose of law
  • Demonstrate a sound knowledge of the main theories of law, disputes, doctrines, topics and principles canvassed in the unit and explain their ongoing relevance to current legal practice
  • Apply the analytical and critical legal skills developed in the unit to contemporary legal problems, issues and challenges
  • Undertake and effectively communicate research on topics and issues in this unit as well as formulating practical legal argumentation compliant with rationality requirements and acceptable modes of legal reasoning
  • Act and respond appropriately to the comments and opinions expressed by others.


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking
  • Team Work

3 Written Assessment

Assessment Title
Written Assessment

Task Description

In the course of Weeks 7 - 12 each student prepares a written assessment in the form of a Research Assignment: an essay on a theme relevant to (a) the discussion topic in which the student makes her or his presentation and (b) at least one aspect of Topics 1-5. Maximum word count is 1,500 words, excluding references. 


Weighting of 40 % for the unit.


Assessment Due Date

Week 12 Friday (9 Feb 2018) 10:00 pm AEST


Return Date to Students

Exam Week Friday (16 Feb 2018)


Weighting
40%

Assessment Criteria

1. Demonstrate an ability to formulate and express your own point of view on the topic you have chosen.

2. Demonstrate problem solving and critical thinking skills in response to the topic you have chosen, in particular in relating your research assignment to aspects of the main theories of law canvassed in the unit.

3. Demonstrate an ability to engage in relevant research.

4. Apply appropriate and professional written language skills.


Rubrics for marking

The benchmark for each criterion includes each of the benchmark levels before it. For example to achieve a distinction you also need to meet the criteria for a credit and pass.

Students must achieve ALL the minimum benchmark criteria at a particular grade level to be awarded an overall final grade at that level. Marks are not divided among each individual criterion, but are benchmarked to minimum standards.

Pass 20 - 25

Identifies a theme relevant to the discussion topic and addresses that theme with reference to at least one aspect of the main theories of jurisprudence canvassed in the unit. Basic understanding of the topic and basic confidence with the jurisprudential materials. Some deficiencies in written language skills. Limited research.

Credit 26 - 29

Good presentation and moderate written language skills. Some research. Moderate development of the theme. Demonstrates some understanding of the topic and some confidence with the jurisprudential materials

Distinction 30 - 33

Superior presentation and written language skills. Good and interesting development of the topic supported by relevant research. Demonstrates good understanding of the topic and confidence with the jurisprudential materials Demonstrates critical thinking. Demonstrates a willingness and ability to form and express own point of view, supported by relevant materials.

High Distinction 34 - 40

Very high standard of presentation and written language skills comparable to jurisprudential articles referred to in the unit. Superior understanding, of the topic and superior confidence with the jurisprudential materials. Demonstrates superior critical thinking. Demonstrates clearly an ability to think for oneself. Superior research, supported by relevant materials. 


Referencing Style

Submission
Online

Learning Outcomes Assessed
  • Undertake an account of the ancient and modern history concerning an enquiry into the nature and purpose of law
  • Demonstrate a sound knowledge of the main theories of law, disputes, doctrines, topics and principles canvassed in the unit and explain their ongoing relevance to current legal practice
  • Apply the analytical and critical legal skills developed in the unit to contemporary legal problems, issues and challenges
  • Undertake and effectively communicate research on topics and issues in this unit as well as formulating practical legal argumentation compliant with rationality requirements and acceptable modes of legal reasoning
  • Act and respond appropriately to the comments and opinions expressed by others.


Graduate Attributes
  • Problem Solving
  • Critical Thinking

Academic Integrity Statement

As a CQUniversity student you are expected to act honestly in all aspects of your academic work.

Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.

When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.

Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.

As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.

What is a breach of academic integrity?

A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.

Why is academic integrity important?

A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.

Where can I get assistance?

For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.

What can you do to act with integrity?