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 - 2020
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
Maintaining student engagement and enjoyment of learning experience.
Further simplifying Moodle to enable ease of navigation. A detailed first email clarifying the course timeline to manage expectations.
- 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 - First Nations Knowledges | |||||
| 11 - 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 | 11 | |
| 1 - Written Assessment - 40% | |||||||||||
| 2 - Group Discussion - 20% | |||||||||||
| 3 - Written Assessment - 40% | |||||||||||
Textbooks
Legal Theory
- Edition: 3 (2018)
- Authors: Jonathan Crowe
- Law Book Co of Australasia
- Sydney Sydney , NSW , AU
- ISBN: 9780455240671
- Binding: eBook
Jurisprudence
- Edition: 2 (2013)
- Authors: Suri Ratnapala
- Cambridge University Press
- Melbourne Melbourne , VIC , Australia
- ISBN: 9781107612570
- Binding: eBook
Additional Textbook Information
If you go to the publisher's page for the book: https://legal.thomsonreuters.com.au/nutshell-legal-theory-3rd-edition-ebook/productdetail/126699; the hard cover is relatively cheap at $39 but an ebook is also available. A representative for the publishers has also provided the following discount coupon for CQU students: PROMO CODE: UNIS15 provides a 15% discount with free postage.
This may be a useful link for students.
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, 4th ed
For further information, see the Assessment Tasks.
c.y.lee@cqu.edu.au
Topic 1: Philosophy of Law
Begin Date: 13 Jul 2020Module/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
Begin Date: 20 Jul 2020Module/Topic
Chapter
Chapter 10; Jonathan Crowe, Legal Theory (3rd ed, 2018)
Events and Submissions/Topic
Weekly online tutorial sessions.
Topic 3: Natural Law Theory I
Begin Date: 27 Jul 2020Module/Topic
Natural Law Theory I: Law and the Good Life
Chapter
Chapter 3; Jonathan Crowe, Legal Theory (3rd ed, 2018)
Jonathan Crowe and Constance Youngwon Lee, 'The Natural Law Outlook' Ch 1 in Jonathan Crowe and Constance Youngwon Lee (eds), Research Handbook on Natural Law Theory (Edward Elgar, 2019)
Events and Submissions/Topic
Weekly online tutorial sessions.
Topic 4: Legal Positivism I
Begin Date: 03 Aug 2020Module/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.
Assessment One: Critical Virtual Response Due: Week 4 Friday (7 Aug 2020) 10:00 am AEST
Topic 5: Legal Positivism II
Begin Date: 10 Aug 2020Module/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.
Vacation Week
Begin Date: 17 Aug 2020Module/Topic
Chapter
Events and Submissions/Topic
No zoom tutorial sessions this week.
Topic 6: Natural Law Theory II
Begin Date: 24 Aug 2020Module/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 on Natural Law Theory (Edward Elgar, 2019)
Events and Submissions/Topic
Weekly online tutorial sessions.
Topic 7: Liberalism and the Law
Begin Date: 31 Aug 2020Module/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
Weekly online tutorial sessions.
Topic 8: Postmodern Critiques of Law
Begin Date: 07 Sep 2020Module/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
R. Terdiman, 'The Force of Law: Toward a Sociology of the Juridical Field' (translator's introduction to the theory of Pierre Bordieu) (1987) Hastings Law Journal 38(5)
Events and Submissions/Topic
Weekly online tutorial session (guest lecture).
Assessment Two: Take Home Paper Due: Week 8 Friday (11 Sept 2020) 10:00 am AEST
Topic 9: Feminist Critiques of Law
Begin Date: 14 Sep 2020Module/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
Begin Date: 21 Sep 2020Module/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: 28 Sep 2020Module/Topic
Chapter
Events and Submissions/Topic
Zoom tutorial feedback session.
Week 12: Research Essay Submission (Assessment 3) (40%)
Begin Date: 05 Oct 2020Module/Topic
Chapter
Events and Submissions/Topic
1 Group Discussion
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.
Week 4 Friday (7 Aug 2020) 10:00 am AEST
Deductions of 5% per day will apply for late submissions.
Aim is to return assessment results to students two (2) weeks from submission date.
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
- 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
2 Written Assessment
A written assessment in the form of a take home paper posted on Thursday, 3 September 2020 at 5 PM (AEST) available for just over one (1) week until Friday, 11 September 2020 10 AM (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).
Week 8 Friday (11 Sept 2020) 10:00 am AEST
Due 24 hours after opening the paper (Available 1 week from 5 PM AEST, Thursday, 3 September 2020)
Aim is to return assessment results to students two (2) weeks from submission date.
Assessment Criteria
1. Demonstrate a sound knowledge of the main theories of law and justice canvassed in the unit so far.
2. Demonstrate an ability to formulate and express your own point of view about the theories of law and justice 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.
- 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
3 Written Assessment
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 31 July 2020.
Maximum word count is 2,000 words, excluding references.
Assessment 3 is due at 10 AM on Wednesday, 7 October 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.
Week 12 Wednesday (7 Oct 2020) 10:00 am 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.
Certification of grades date. Only general feedback will be provided. No individual feedback provided.
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 and justice 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.
- 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.
What can you do to act with integrity?
