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
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 2 - 2018
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).
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
Assessment Overview
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.
All University policies are available on the CQUniversity Policy site.
You may wish to view these policies:
- Grades and Results Policy
- Assessment Policy and Procedure (Higher Education Coursework)
- Review of Grade Procedure
- Student Academic Integrity Policy and Procedure
- Monitoring Academic Progress (MAP) Policy and Procedure – Domestic Students
- Monitoring Academic Progress (MAP) Policy and Procedure – International Students
- Student Refund and Credit Balance Policy and Procedure
- Student Feedback – Compliments and Complaints Policy and Procedure
- Information and Communications Technology Acceptable Use Policy and Procedure
This list is not an exhaustive list of all University policies. The full list of University policies are available on the CQUniversity Policy site.
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.
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.
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.
- 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.
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 | |||||
10 - Aboriginal and Torres Strait Islander Cultures |
Alignment of Assessment Tasks to Graduate Attributes
Assessment Tasks | Graduate Attributes | |||||||||
---|---|---|---|---|---|---|---|---|---|---|
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | |
1 - Written Assessment - 40% | ||||||||||
2 - Group Discussion - 20% | ||||||||||
3 - Written Assessment - 40% |
Textbooks
Jurisprudence
3rd edition (2017)
Authors: Suri Ratnapala
Cambridge University Press
Melbourne Melbourne , Victoria , Australia
ISBN: 978-1-316-62117-2
Binding: Paperback
Legal Theory
2nd edition (2014)
Authors: Jonathan Crowe
Thomson Reuters
Sydney Sydney , NSW , Australia
ISBN: 978-0-455-23125-9
Binding: Paperback
The Concept of Law
3rd edition (2012)
Authors: HLA Hart
OUP
Oxford Oxford , England , UK
ISBN: 9780199644704
Binding: Paperback
Additional Textbook Information
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- Students must have access to stable and quality internet and be able and willing to access the Zoom app using both video and audio
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 3rd ed
For further information, see the Assessment Tasks.
c.walshaw@cqu.edu.au
Module/Topic
Legal Theory
Chapter
Suri Ratnapala, Jurisprudence (3rd ed,
2017) 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
Module/Topic
Legal Positivism
Chapter
Suri Ratnapala, Jurisprudence (3rd ed, 2017) 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
Module/Topic
Some Challenges to Legal Positivism
Chapter
Suri Ratnapala, Jurisprudence (3rd ed,
2017) Ch 8; Jonathan Crowe, Legal Theory (2nd ed, 2014) Ch 4.
Events and Submissions/Topic
Module/Topic
Natural Law and the Claim for Rationality
Chapter
Suri Ratnapala, Jurisprudence (3rd ed, 2017) Chs 6 and 7; Jonathan Crowe, Legal Theory (2nd ed, 2014) Chs 2 and 4.
Events and Submissions/Topic
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
Module/Topic
Chapter
Events and Submissions/Topic
Assessment One is due on 17 August 2018. See under Assessments for details.
Assessment One: Written Assessment Due: Vacation Week Friday (17 Aug 2018) 10:00 pm AEST
Module/Topic
Discussion Topic: Law and Cultural Values
Chapter
References in Study Guide Topic 6.
Events and Submissions/Topic
Student presentations and participation in group discussions. See Assessment Two.
Module/Topic
Discussion Topic: Evil Laws
Chapter
References in Study Guide Topic 7.
Events and Submissions/Topic
Student presentations and participation in group discussions. See Assessment Two.
Module/Topic
Discussion Topic: Balancing Rights
Chapter
References in Study Guide Topic 8.
Events and Submissions/Topic
Student presentations and participation in group discussions. See Assessment Two.
Module/Topic
Discussion Topic: Law and Revolution
Chapter
References in Study Guide Topic 9.
Events and Submissions/Topic
Student presentations and participation in group discussions. See Assessment Two.
Module/Topic
Discussion Topic: Adjudication
Chapter
References in Study Guide Topic 10.
Events and Submissions/Topic
Student presentations and participation in group discussions. See Assessment Two.
Module/Topic
Assessment Three: Completion of Research Assignment
Chapter
Events and Submissions/Topic
Assessment Three.
Module/Topic
Assessment Three: Completion of Research Assignment
Chapter
Events and Submissions/Topic
Assessment Three is due on 5 October 2018.
Written Assessment Due: Week 12 Friday (5 Oct 2018) 10:00 pm AEST
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Written Assessment
A written assessment in the form of a take home paper posted on 10 August 2018 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).
Vacation Week Friday (17 Aug 2018) 10:00 pm AEST
Week 9 Friday (14 Sept 2018)
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.
- 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.
- Problem Solving
- Critical Thinking
2 Group Discussion
Group discussions of five topics in each of Weeks 6 to 10 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. Attendance is via Zoom and requires audio and video.
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.
Marking will be progressive during Weeks 6-10 and will be returned to students from time to time during Weeks 8-12 and Exam Week.
Week 12 Friday (5 Oct 2018)
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.
- 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.
- Communication
- Problem Solving
- Critical Thinking
- Team Work
3 Written Assessment
In the course of Weeks 6 - 12 each student prepares a written assessment in the form of a Research Assignment: an essay that includes a theme relevant to both (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.
Week 12 Friday (5 Oct 2018) 10:00 pm AEST
Exam Week Friday (19 Oct 2018)
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.
- 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.
- Problem Solving
- Critical Thinking
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.