Familiarity with key concepts and theories of law, and the ability to interpret legislation, are  essential skills in understanding law and legal systems. This unit of study will examine the philosophy of law in historical and contemporary context. Natural law and legal positivist theories are explored with reference to other disciplines (such as history, philosophy, theology, sociology and political science). The unit introduces further approaches to legal theory including legal realism, sociological legal theories, historical and anthropological theories, and critical legal theories. Foundational legal concepts of rights, duties, justice and punishment are considered in theoretical and normative terms. This course will provide an advanced study of the rules and principles governing statutory interpretation and will consider how statutes have been read and are being read by the Australian courts.  The concepts, interpretative criteria, and the techniques of the common law are examined with reference to federal and state legislation. This unit will enable students to interpret statutes and to engage critically with the main arguments that characterise modern interpretive practice. By focusing on the theoretical issues underlying law and legal systems, and the theoretical and technical basis of statutory interpretation, the unit seeks to provide a guide which students can return to for reference throughout their course and to develop skills that can be built upon in subsequent units of study.

Unit details

Location:
Study level:
Undergraduate
Credit points:
12
Unit code:
LLW1004

Prerequisites

BLB1114 - Legal Research Methods

Learning Outcomes

On successful completion of this unit, students will be able to:
  1. Critique leading legal theories (especially in the western legal tradition), justify their relevance to our society and contextualise the law's connection with cognate disciplines;  
  2. Analyse the theoretical underpinnings of law and legal systems already studied and map the theoretical basis of future legal study and practice;  
  3. Identify, research and synthesise theoretical knowledge and apply legal theory to justify arguments on the theoretical and normative character of law;  
  4. Understand, explain and distinguish the historical and contemporary principles of statutory interpretation;  
  5. Apply statutory interpretive criteria and the techniques of the common law in practical applications of legislation;  
  6. Critically review the theoretical concepts underlying the approaches to, and presumptions of, statutory interpretation.  

Assessment

Assessment type Description Grade
Test Online Quiz x 2 20%
Assignment Research Essay 40%
Assignment Letter of Advice 40%

Required reading

Understanding Jurisprudence 5th ed, 2017
Raymond Wacks
Oxford University Press

Statutory Interpretation 2nd ed, 2016
Michelle Sanson
Oxford University Press

All students will need to have access to: Acts Interpretation Act 1901 (Cth). Interpretation of Legislation Act 1984 (Vic).

Where to next?

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