730-212 Legal Theory

Legal Method and Reasoning; Principles of Public Law or in each case their equivalents.

Legal Theory offers an introduction to the practice of theorising the place and role of law within Australia and contemporary society and culture. The subject is formulated around central questions in jurisprudence with specific concepts and their analysis being developed by reference to the traditions of legal theory and by reference to contemporary issues. The teaching of the subject is structured around a set of questions or topics that are integral to the study of law. The questions or topics include:

• Interpretation and the rule of law

• Theories of justice

• Theories of sovereignty and modern rule

• The nature and importance of the text to law

• The formation of the subject of law

  In any offering of the subject, examples will be drawn from the amongst the following issues:

• The regulation of refugees and asylum seekers

• " The Eichmann trial "

• Anti-terrorism anxieties and legislation

• Graffiti

• the prominence of the statute

• the form and the writ system

• television

• citizenship and human rights

• legal education

• indigenous experiences of sovereignty and law

Research assignment 2000 words 50% (due in week 10 of semester), a topic outline of the research assignment assessed on a pass/resubmit basis (hurdle requirement - due week 6) and a final closed-book examination two hours 50%.

Printed materials will be issued by the Faculty of Law.

• Davies M, Asking the Law Question (2nd ed.). LawBook Co. 2002.