PHIL 217 : Philosophy of Law

Arts

2020 Semester Two (1205) (15 POINTS)

Course Prescription

Themes in contemporary Western philosophy of law, relating to debates between liberal and non-liberal conceptions of law, including questions about the nature of legal rules, legal reasons and the relationship between law and morality. Major positions in legal theory will be covered, from legal positivism to critical legal studies.

Course Overview

"Philosophy of Law" involves the philosophical analysis of law and legal institutions.

Issues in the field range from abstract conceptual questions about the nature of law and legal systems to normative questions about the relationship between law and morality and the justification for legal institutions and practices.

This course will focus on a series of questions central to analytic philosophy of law, including: 

  • What would it be to conceive of law as a system of rules and why would we wish to do so?
  • Should judges have broad discretion to decide cases in ways which promote justice?
  • What should we think of an apparently legitimate law which would bring about an injustice if applied in some particular case?
  • Can we identify those norms that are part of our legal system without seeing whether what they require of us is consistent with morality?
  • How does the law give us reasons to do one thing rather than another?
We will trace these and related questions through the major Western theories of law.  

Although we will occasionally refer to legal material, the course does not assume prior knowledge of law.

Course Requirements

Prerequisite: 30 points in Philosophy or 90 points Restriction: PHIL 337

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 Arts

Learning Outcomes

By the end of this course, students will be able to:
  1. Become familiar with the major debates in Western Philosophy of Law (Capability 1.1 and 2.1)
  2. Read, analyse, and interpret important texts in the Philosophy of Law. (Capability 1.1, 1.3 and 2.1)
  3. Write and present detailed arguments relevant to the course material. (Capability 1.1, 2.1, 3.2 and 4.1)
  4. Critically and respectfully engage with other students and staff. (Capability 4.3)
  5. Work effectively individually and with colleagues. (Capability 2.1, 3.1 and 5.2)
  6. Demonstrate an understanding of of the role of law in Aotearoa/New Zealand. (Capability 1.1, 2.2 and 6.1)

Assessments

Assessment Type Percentage Classification
Test 10% Individual Test
Essay 30% Individual Coursework
Final Exam 60% Individual Examination
Plussage is available in this course.  If you complete the essay to a satisfactory standard, your final mark will be which ever is the higher of your final examination mark or the sum of 60% of your final examination mark and 40% of your coursework mark.
If you do not complete the essay to a satisfactory standard, your final mark will be the sum of 60% of your final examination mark and 40% of your coursework mark.

Next offered

2022

Workload Expectations

This course is a standard 15 point course and students are expected to spend 10 hours per week involved in each 15 point course that they are enrolled in.

For this course, you can expect 2 hours of lectures, a 1 hour tutorial, 4 hours of reading and thinking about the content and 3 hours of work on assignments and/or test preparation.  The reading and work on assignments and tests will vary depending upon whether assignments are due.  

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 coordinator, 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

Well-being always comes first
We all go through tough times during the semester, or see our friends struggling. There is lots of help out there - for more information, look at this Canvas page (https://canvas.auckland.ac.nz/courses/33894), which has links to various support services in the University and the wider community.

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a member of teaching staff 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 07/07/2020 06:15 p.m.