LAW 316 : Jurisprudence
Law
2025 Semester Two (1255) (15 POINTS)
Course Prescription
Course Overview
The course consists of five parts, each focusing on a set of related questions:
A. The foundations of public law – What is the underlying logic of public law in the modern liberal state? What are the virtues of democratic legislation? Which institution is best suited for developing the law today? Which institution can we trust to protect the rights of minorities and individuals?
B. Interpretation and legal reasoning – What is the proper role of judges? What are the main techniques they employ in decision-making? Do judges merely advance their own political agendas? Do they exercise arbitrary discretion?
C. Jurisprudence old and new – Why do people disagree about the nature of law? Is it part of the nature of law that it strives towards justice? Can grossly immoral law still be valid? How should lawyers and judges deal with wicked law?
D. The dilemmas of private law – How are our private and public laws connected? What legal rules are appropriate for economic life? What is the relationship between economic growth and individual freedom?
E. The dark side of liberty? – What are the limits of liberal law? Does it have a dark side? Is everybody’s freedom served by the system we have? Are there better alternatives?
Capabilities Developed in this Course
| Capability 1: | People and Place |
| Capability 3: | Knowledge and Practice |
| Capability 4: | Critical Thinking |
| Capability 5: | Solution Seeking |
| Capability 6: | Communication |
| Capability 8: | Ethics and Professionalism |
Learning Outcomes
- Understand and explain competing theories of law, legal validity, and political morality. (Capability 1.2, 3.1, 4.2 and 8.1)
- Evaluate and critically engage with legal controversies in light of the theoretical foundations of the law. (Capability 1.2, 3.1, 4.2 and 8.1)
- Identify and analyse the disagreements as to different understandings of the relationship between law, morality, and politics. (Capability 1.2, 3.1, 4.2, 5.1 and 8.1)
- Demonstrate ability to reason about what is valuable about the law and what is required of legal actors (Capability 1.2, 3.1, 4.2, 5.1 and 8.1)
- Analyse law and legal reasoning from a critical perspective (Capability 1.2, 3.1, 4.1, 4.2, 5.1 and 8.1)
- Demonstrate an understanding of different theories about the relationship between law, morality, and politics. (Capability 1.2 and 4.1)
- Identify, explain and evaluate complex theoretical concepts and develop persuasive arguments in favour of particular theoretical positions or viewpoints. (Capability 1.2, 3.1, 4.1, 4.2 and 6.1)
Assessments
| Assessment Type | Percentage | Classification |
|---|---|---|
| Review | 10% | Individual Coursework |
| Test | 40% | Individual Test |
| Final Exam | 50% | Individual Examination |
| 3 types | 100% |
| Assessment Type | Learning Outcome Addressed | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | ||||
| Review | ||||||||||
| Test | ||||||||||
| Final Exam | ||||||||||
Workload Expectations
This is a standard 15-point course. 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 and the structure of the course has been substantively revised.
Academic Integrity
The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework, tests and examinations 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. A student's assessed work may be reviewed against electronic source material using computerised detection mechanisms. Upon reasonable request, students may be required to provide an electronic version of their work for computerised review.
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 your assessment is fair, and not compromised. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator, 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 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.