Details for LAW301 Legal Theory

Behind every legal rule sits a theory about what law is for. Legal Theory surveys the major schools, from natural law and positivism to realism, feminist and postmodern jurisprudence, and economic and libertarian approaches. You’ll explore how political, ethical and moral philosophies shape law, and the role of religious belief in Western legal foundations. You’ll finish with a clearer critical view of your own understanding of the law.

Quick Stats

• Currently offered by Alphacrucis: Yes
• Course code: LAW301
• Credit points: 10

Subject Coordinator

Prerequisite

LAW201 Constitutional Law 1 

Unit Content

Outcomes

1. Apply research-based knowledge, skills and concepts to demonstrate a holistic understanding of the predominant schools of legal theory (including their origins and historical contexts) and the role of theory in the creation and application of domestic and international law.
2. Analyse the place of political, ethical and moral philosophies in the creation and application of law, including the different ways in which judges, lawyers, and parliaments approach law.
3. Identify the role of religious beliefs in the foundation and justification of Western legal systems.
4. Demonstrate a broad understanding of the historical circumstances of the Classical, early modern, modern and post-modern periods, and how they have influenced the development of legal theories in our society.
5. Engage in reflective processes to recognise your own critical view of the law.

Subject Content

1. Natural Law Theory – Parts 1 & 2
2. Natural Law Theory – Part 3
3. Natural Law Theory – Parts 4 & 5
4. Legal Positivism – Parts 1 & 2
5. Legal Positivism – Parts 3 & 4
6. Rule of Law Theory
7. Evolutionary Legal Theories
8. National-Socialist Jurisprudence
9. Marxist Jurisprudence
10. American Legal Realism & Critical Legal Studies
11. Feminist Jurisprudence & Postmodern Jurisprudence
12. Economic Analysis of Law & Libertarian Jurisprudence
13. Examination Week

This course may be offered in the following formats

Face to Face on site

Please check the timetable to see when this subject will next be offered at Alphacrucis University College.

Assessment Methods

1. Abstract and Annotated Bibliography  (10%)
2. Critical Essay & Presentation (40%)
3. Final Examination  (50%)

Prescribed Text

• Augusto Zimmermann, Legal Theory: History, Concepts and Perspectives (LexisNexis, 2013) 
• Melbourne University Law Review Association, Australian Guide to Legal Citation (Melbourne University Law Review Association, 4th ed, 2018) 

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