LAW 316 : Jurisprudence

Law

2020 Semester Two (1205) (15 POINTS)

Course Prescription

A study of the nature of law, including the nature of legal reasoning, its sources, its methodology, the extent to which legal questions are indeterminate, fundamental legal concepts, and the structure of a legal system; ngā tikanga Māori and its relation to wider Māori views of the world and contemporary issues faced by Māori in their relation to contemporary law.

Course Overview

This course is about law, and not about theories of law. More specifically, it is about what law is (and what it is not), who it serves, what its values (and limitations) are, how it operates, and how we should go about asking and answering those questions.
We will approach these questions through a series of topics that cover key ‘building blocks’ of jurisprudence. Note that in such a short course, the syllabus must be selective, and will leave out vast amounts of important ideas and literature within this subject. As we go along, there will be opportunities for you to challenge and engage with this selectivity. 
For some of its advocates, Jurisprudence is the subject that elevates the study of law from a technical enterprise into an academic endeavour. We will not take that claim at face value. The course will begin with an interrogation of the content and value of jurisprudence. Why should we care about the key questions in jurisprudence, and what are they? Does it matter how, if at all, law and morality are connected, or what law’s connection is to justice, or equality, or autonomy? How should we think theoretically about the law?
The Course features five themes that run throughout the course.
1. A critical assessment of law and legal theory – why study jurisprudence? What critical insights does jurisprudence raise? What perspectives does it offer and challenge? What does jurisprudence tell us about who law is for? Who should law be for?
2. What is law? What is the relationship between law and the State? What role does coercion play in the law? Does law claim or have authority? Are we obligated to obey the law? What is the relationship between law and morality? What are the roles of law’s agents, and who are they?
3. The values of law What (if any) values does law carry? What is meant by ‘the rule of law’? How does law respond to or deal with disagreements about values, or value pluralism? What is law’s relationship to justice and how do disagreements about justice figure in the law?
4. The relationship between state and other legal orders What is law beyond or within the state? How have non-state orders been characterised in Jurisprudence and how do they affect our understandings of law?
5. Māori jurisprudence – What is tikanga Māori? Are Māori conceptions of law radically different from others? How is tikanga received into New Zealand law?
These are provocative questions and we intend the course to be as discursive as possible in a large class. You will be expected to come prepared, having done your readings, to engage in class discussions.

Your course instructors will be: 
Nicole Roughan (Weeks 1-8, 12)
Maureen Malcolm (Weeks 9-11)

Course Requirements

Prerequisite: LAW 201, 211, 231, 241

Capabilities Developed in this Course

Capability 1: Disciplinary Knowledge and Practice
Capability 2: Critical Thinking
Capability 3: Solution Seeking
Capability 4: Communication and Engagement
Capability 5: Independence and Integrity
Capability 6: Social and Environmental Responsibilities
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Understand competing theories of: legal validity, legal reasoning, legal authority. (Capability 1.1)
  2. Evaluate and critically engage with legal controversies in light of the theoretical foundations of the law (Capability 2.2)
  3. Identify and analyse the disagreement as to different understandings of the relationship between law, morality, politics, and culture. (Capability 3.1)
  4. Analyse solutions to legal controversies through the application of theoretical understandings of the law, legal reasoning, and authority. (Capability 3.3)
  5. Communicate and express complex theoretical concepts and develop persuasive arguments in favour of a particular theoretical position or viewpoint. (Capability 4.1)
  6. Demonstrate the capacity to reason about what is valuable about the law, what is required from legal actors, how the law affects reasons for action. (Capability 5.1)
  7. Develop an introductory understanding of tikanga Māori, and whether/how tikanga may differ from other conceptions of law studied in the course. Identify and reflect upon the role of tikanga in New Zealand law (Capability 6.1)
  8. Analyse the law and legal reasoning from a critical perspective, developing an understanding of the role of that ideology might play in the formulation and application of the law. (Capability 6.2)

Assessments

Assessment Type Percentage Classification
Concept Review 1 5% Individual Coursework
Concept Review 2 5% Individual Coursework
Concept Review 3 5% Individual Examination
Concept Review 4 5% Individual Coursework
Concept Review 5 5% Individual Coursework
Tutorial 4 Written Work 5% Individual Coursework
Final Exam 70% Individual Examination
Assessment Type Learning Outcome Addressed
1 2 3 4 5 6 7 8
Concept Review 1
Concept Review 2
Concept Review 3
Concept Review 4
Concept Review 5
Tutorial 4 Written Work
Final Exam

Learning Resources

Reading materials, comprising books, book chapters, and articles, listed on Talis. There is no course book and no required text book.

Workload Expectations

This is a standard 15-point course. There will be around 36 hours of lectures in this course. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 150 hours.

Other Information

Please note it is university policy that lecture recordings should not be used as a substitute for regular class attendance.

Digital Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website at http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page: https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter (https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html).

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course you may be asked to submit your coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. The final decision on the completion mode for a test or examination, and remote invigilation arrangements where applicable, will be advised to students at least 10 days prior to the scheduled date of the assessment, or in the case of an examination when the examination timetable is published.

Published on 05/07/2020 02:07 p.m.