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 - 2019

Online

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

Feedback

Maintaining student engagement and enjoyment of learning experience.

Recommendation

Further simplifying Moodle to enable ease of navigation. A detailed first email clarifying the course timeline to manage expectations.

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

Legal Theory 3 (2018)

Authors: Jonathan Crowe
Law Book Co of Australasia
Sydney Sydney , NSW , AU
ISBN: 9780455240671
Binding: eBook
Supplementary

Jurisprudence 2 (2013)

Authors: Suri Ratnapala
Cambridge University Press
Melbourne Melbourne , VIC , Australia
ISBN: 9781107612570
Binding: eBook

Additional Textbook Information

If preferred, paper copies are available at the CQUni Bookshop here: http://bookshop.cqu.edu.au (search on the Unit code)

IT Resources

You will need access to the following 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
Referencing Style

All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed

For further information, see the Assessment Tasks.

Teaching Contacts
Constance Lee Unit Coordinator
c.y.lee@cqu.edu.au
Schedule
Topic 1: Philosophy of Law 11/11/19 Begin Date: 11 Nov 2019

Module/Topic

Introduction to Legal Theory: What is Philosophy of Law?

Chapter

Chs 1 & 2; Jonathan Crowe, Legal Theory (3rd ed, 2018)

Lon Fuller "The Case of the Speluncean Explorers" (1949) 62 Harvard L Rev 616-645.

Events and Submissions/Topic

Weekly online tutorial sessions.

Note: Tutorial Questions available on Moodle at commencement of the unit

Topic 2: Morality and Law 18/11/2019 Begin Date: 18 Nov 2019

Module/Topic

Morality and the Law: Are there any Objective Values?

Chapter

Chapter 10; Jonathan Crowe, Legal Theory (3rd ed, 2018) 


Events and Submissions/Topic

Weekly online tutorial sessions. 

Topic 3: Natural Law Theory I 25/11/2019 Begin Date: 25 Nov 2019

Module/Topic

Natural Law Theory I: Law and the Good Life

Chapter

Chapter 3; Jonathan Crowe, Legal Theory (3rd ed, 2018)


Events and Submissions/Topic

Assessment One: Critical Virtual Response (CVR) 20%

Due: 10 PM, Friday, 29 November 2019

Note: No zoom tutorial sessions this week.


Assessment One: Critical Virtual Response Due: Week 3 Friday (29 Nov 2019) 10:00 pm AEST
Topic 4: Legal Posivitism I 02/12/2019 Begin Date: 02 Dec 2019

Module/Topic

Legal Positivism I: Law and Social Norms

Chapter

Chapter 4; Jonathan Crowe, Legal Theory (3rd ed, 2018)

H.L.A Hart, The Concept of Law (2nd ed, 1994, or 3rd ed, 2014).

Events and Submissions/Topic

Weekly online tutorial sessions.

Vacation Week 09/12/2019 Begin Date: 09 Dec 2019

Module/Topic


Chapter


Events and Submissions/Topic

No zoom tutorial sessions this week.

Topic 5: Legal Positivism II 16/12/2019 Begin Date: 16 Dec 2019

Module/Topic

Legal Positivism II: Law and Social Norms  

Chapter

Chapter 4; Jonathan Crowe, Legal Theory (3rd ed, 2018)

Events and Submissions/Topic

Weekly online tutorial sessions.

Topic 6: Natural Law Theory II 23/12/2019 Begin Date: 23 Dec 2019

Module/Topic

Natural Law Theory II: Law and Practical Reason

Chapter

Chapter 5; Jonathan Crowe, Legal Theory (3rd ed, 2018)

Chs 6 & 7; Suri Ratnapala, Jurisprudence (2nd ed, CUP, 2013)

Constance Youngwon Lee, 'Calvinist Natural Law and Constitutionalism' (2016) 39 Australian Journal of Legal Philosophy 1

Constance Youngwon Lee, 'John Calvin's Natural Law Theory' Ch 6 in Jonathan Crowe and Constance Youngwon Lee (eds) Research Handbook of Natural Law Theory (Edward Elgar, 2019) (Forthcoming)

Events and Submissions/Topic

Weekly online tutorial sessions.

Topic 7: Liberalism and the Law 06/01/2020 Begin Date: 06 Jan 2020

Module/Topic

Liberalism and Law: Evolutionary Jurisprudence

Chapter

Chapter 6; Jonathan Crowe, Legal Theory (3rd ed, 2018)

Chapter 12; Suri Ratnapala Jurisprudence (2nd ed, CUP, 2013)

Jonathan Crowe and Constance Youngwon Lee, 'Law as Memory' (2015) 26(3) Law and Critique 251

Events and Submissions/Topic

Assessment Two: Take Home Paper (40%)

Due: 10 PM, Friday, 10 January 2020

Note: No zoom tutorial sessions this week.


Assessment Two: Take Home Paper Due: Week 7 Friday (10 Jan 2020) 10:00 pm AEST
Topic 8: Postmodern Critiques of Law 13/01/2020 Begin Date: 13 Jan 2020

Module/Topic

Postmodern Critiques of Law: Beyond Objective Truth

Chapter

Chapter 7; Jonathan Crowe, Legal Theory (3rd ed, 2018)

Constance Youngwon Lee and Jonathan Crowe, 'The Deafening SIlence of the 'Comfort Women:' A Response Based on Lyotard and Irigaray' (2015) 2(2) Asian Journal of Law and Society 339-356

Events and Submissions/Topic

Weekly online tutorial sessions.

Topic 9: Feminist Critiques of Law 20/01/2020 Begin Date: 20 Jan 2020

Module/Topic

Feminist Critiques of Law: Women and the Law

Chapter

Chapter 7; Jonathan Crowe, Legal Theory (3rd ed, 2018)

Chapter 6; Margaret Davies, Asking the Law Question (Thomson Reuters, 2008)

Events and Submissions/Topic

Weekly online tutorial sessions.

Topic 10: Jural Relations 27/01/2020 Begin Date: 27 Jan 2020

Module/Topic

Jural Relations: Legal rights and duties

Chapter

Chapter 8; Jonathan Crowe, Legal Theory (3rd ed, 2018)

Events and Submissions/Topic

Weekly online tutorial sessions.

Week 11: Revision and Feedback Begin Date: 03 Feb 2020

Module/Topic


Chapter


Events and Submissions/Topic

Online revision and feedback lecture. 

Week 12: Research Essay Submission (Assessment 3) Begin Date: 10 Feb 2020

Module/Topic


Chapter


Events and Submissions/Topic

Assessment Three: Research Essay (40%)

Due: 10 PM, Friday, 14 February 2020


Assessment Three: Research Essay Due: Week 12 Friday (14 Feb 2020) 10:00 pm AEST
Assessment Tasks

1 Group Discussion

Assessment Title
Assessment One: Critical Virtual Response

Task Description

Since ancient times, the philosophy of law and the discipline of philosophy more broadly have involved a few fundamental skills i.e. rhetorical, critical thinking and communication skills. In this first assessment, your task will be to make an oral submission in the form of a recorded presentation demonstrating your critical response to one of the three (3) readings decided by the unit co-ordinator. These suggested readings will be made available at the commencement of the term. 

Your presentation should offer a brief introductory overview of the philosophy which is the subject of the reading. In the process, you should aim to showcase your critical thinking abilities by evaluating the reading by reference to secondary material (critiques by other authors of the reading) and presenting your conclusions in a logical consistent manner after personal reflection. 

A sample written script for the presentation will be made available on the Moodle site for this unit to give you further support. 

Please note the following details:

- As a guide, the length of the recording should be 5 minutes or so.

- A written script should be provided.

- List of references should form the last page or two at the end of the written script. This should be compliant with AGLC4.

- Recording created via zoom and uploaded to YouTube as 'unlisted.' The web link address to the recording must be submitted with a written version of the script (Word Doc). This will allow only the unit co-ordinator to view your presentation. 

- Please save/upload your file in Word format (.doc or .docx) or in a basic text format (for example, .rtf) so I can open the files in Word. 

Note: further support on writing, referencing, etc. is given on the Moodle site for this unit. 


Assessment Due Date

Week 3 Friday (29 Nov 2019) 10:00 pm AEST

Deductions of 5% per day will apply for late submissions.


Return Date to Students

Week 5 Monday (16 Dec 2019)

Aim is to return assessment results to students two (2) from submission date.


Weighting
20%

Minimum mark or grade
20%

Assessment Criteria

1. Demonstrate sound knowledge of the theories of law canvassed in the unit so far.

2. Demonstrate an ability to formulate and express orally your own point of view about any of the discussion topics relating to your reading of choice.

3. Demonstrate problem solving and critical thinking skills in response to one of the designated readings.

4. Maintain professional voice and tone in presentation of your philosophical viewpoints.

Rubrics for marking

0-12 marks for preparing and making an oral presentation of approximately 5 minutes duration relevant to the reading you have chosen from those designated by the unit co-ordinator. High quality literature review of the selected reading.

0 marks for non-submission

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 critical reasoning and reflection


Referencing Style

Submission
Online

Submission Instructions
Please ensure (1) Written script (Word document) containing (2) YouTube Link to Presentation submitted

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

2 Written Assessment

Assessment Title
Assessment Two: Take Home Paper

Task Description

A written assessment in the form of a take home paper posted on Friday, 10 January 2020 at 5 PM (AEST) available for one (1) week until Friday, 17 January 2020 5 PM (AEST), to be completed and posted within 24 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 two (2) compulsory questions each worth 20%. 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 – 6.

- Answers are posted in the relevant section in Moodle.

- Length of each answer should not exceed 500 words (with 10% leeway). 

- Weighting of 40% for the unit (20% for each question).


Assessment Due Date

Week 7 Friday (10 Jan 2020) 10:00 pm AEST

Due 24 hours after opening the paper (Available 1 week from 22.00 AEST, Friday, 3 January 2020)


Return Date to Students

Week 9 Friday (24 Jan 2020)

Aim is to return assessment results to students two (2) from submission date.


Weighting
40%

Minimum mark or grade
40%

Assessment Criteria

Assessment Criteria

1. Demonstrate a sound knowledge of the main jurisprudential theories canvassed in the unit so far.

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

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

Submission Instructions
Follow instructions on Moodle. Online quizzes must be completed 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

3 Written Assessment

Assessment Title
Assessment Three: Research Essay

Task Description

Each student must prepare a written assessment in the form of a Research Essay in response to one of the essay questions set by the unit co-ordinator on Topics 1 to 10. These essay questions will be posted on Moodle in the Assessment 3 Folder by 12 January, Week 7, at 5 PM. Maximum word count is 1,500 words, excluding references. Assessment 3 is due at 10 PM on Friday, 14 February 2020.

Important Details:

- 2,000 words in length (excluding references or reference list)

- Footnotes and Reference List to be provided (must be compliant with AGLC4). Do not put relevant information in footnotes. 

- Weighting of 40% for the unit.


Assessment Due Date

Week 12 Friday (14 Feb 2020) 10:00 pm AEST

Deductions of 5% to apply for each day after this submission date. Extension requests must be made prior to submission due date through Moodle.


Return Date to Students

Certification of grades date. Only general feedback will be provided. No individual feedback provided.


Weighting
40%

Minimum mark or grade
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. Some research.

Credit 26 - 29

Good presentation and moderate written language skills. Evidence of research planning. 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?