LAW 316 Jurisprudence - Course Outlines

Course Prescription

A study of the nature of law, including the nature of legal reasoning, its sources, and methodologies; fundamental legal concepts and the structure of a legal system; law’s relations to the State, politics and morality; critical and pluralist challenges to State law’s claims to neutrality and supremacy in the administration of justice in Aotearoa New Zealand.

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); what law does; who law serves; what law's values (and limitations) are; and how we should go about asking and answering those questions.

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? For example., 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?

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.

The Course is structured in four parts, addressing interrelated themes:

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, what it is like, and what it does?

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 disagreements about values, or value pluralism? What is law’s relationship to liberal democracy and justice? Who should law be for? Does law serve people equally?

4. The relationship between state and other legal orders. How do interactions between state law and tikanga Māori challenge our understandings of law, its values, and its operation? Does jurisprudence help us to understand both pluralist and monist responses to the practical challenges raised by interaction?

During this semester, students will read a combination of primary and secondary sources in law and philosophy and will be encouraged to engage with their content. Students will be exposed to analytical and critical methods, and develop the capacity to understand, compare and contrast, and then evaluate, competing theoretical accounts of the law. The course examines provocative questions, and the course is designed to be as discursive as possible in a large class. Students will be expected to come prepared, having done the readings, to engage in class discussions.

Course Requirements

Prerequisite: LAW 201, 211, 231, 241

Learning Outcomes

By the end of this course, students will be able to:

Understand competing theories of law, legal authority, legal validity, and legal obligation (Capability 1.1 and 6.3)
Evaluate and critically engage with legal controversies in light of the theoretical foundations of the law. (Capability 2.2)
Identify and analyse the disagreement as to different understandings of the relationship between law, morality, and politics. (Capability 3.1)
Demonstrate ability to reason about what is valuable about the law (Capability 4.1 and 4.2)
Demonstrate the capacity to reason about what is valuable about the law and what is required from legal actors. (Capability 5.1, 6.1 and 6.3)
Analyse the phenomenon of law from a critical perspective, developing an understanding of the role that power and bias might play in the formulation and application of the law. (Capability 6.2 and 6.3)
Demonstrate an introductory understanding of the jurisprudential challenges raised by the interaction of tikanga Māori and state law. (Capability 2.2, 4.1, 6.1 and 6.3)
Demonstrate an understanding of different understandings of the relationship between law, morality, politics, and culture. (Capability 3.1) (Capability 1.1, 2.2, 4.1, 6.1, 6.2 and 6.3)
Analyse and critically evaluate solutions to legal controversies through the application of theoretical understandings of law and authority. (Capability 2.1 and 3.1)
Identify, explain and evaluate complex theoretical concepts and develop persuasive arguments in favour of particular theoretical positions or viewpoints (Capability 2.2, 2.3 and 4.1)

Assessments

Assessment Type	Percentage	Classification
Review 1	10%	Individual Coursework
Review 2	10%	Individual Coursework
Review 3	10%	Individual Examination
Final Exam	70%	Individual Examination
4 types	100%

Assessment Type	Learning Outcome Addressed
	1	2	3	4	5	6	7	8	9	10
Review 1
Review 2
Review 3
Final Exam

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.

Delivery Mode

Campus Experience

Class delivery and Course Assessment

Attendance is expected at all scheduled activities including tutorials.
Lectures will be available as recordings. Other learning activities, including tutorials, will not be available as recordings.
The activities for the course are scheduled as a standard weekly timetable.

Learning 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.

A reading list will be posted on Talis.

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.

New tutorial content has been developed.

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.

Class Representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

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 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.

Learning Continuity

In the event of an unexpected disruption, we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, and if disruption occurs you should refer to the university website for information about how to proceed.

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 students may be asked to submit 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. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.

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

LAW 316 : Jurisprudence

Law

2023 Semester One (1233) (15 POINTS)