General Information
Philosophical Foundations of Law is an elective subject in postgraduate programs offered by the Faculty of Law. This subject will explore some central themes and traditions in the philosophy of law (also known as legal theory or jurisprudence). Students will gain an understanding of the historical development of philosophy of law from classical times to the present, focusing on recurring themes such as the relationship of law and morality, the limits of legal authority and the nature of legal and social norms. We will begin by introducing the central questions and methodologies of philosophy of law and exploring some overarching questions about the objectivity of values. This will then lead us to the different understandings of law associated with the natural law and legal positivist traditions. We will then explore the relationship of liberalism and law, before introducing feminist and postmodern critiques of the liberal worldview. The subject will conclude by discussing some contemporary disputes on the concept of rights, the nature and limits of judicial reasoning and conceptions of justice. Students will be equipped with the knowledge and analytical tools to engage critically with current debates in each of these areas.
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Details
Academic unit: Faculty of Law Subject code: LAWS77-572 Subject title: Philosophical Foundations of Law Subject level: Postgraduate Semester/Year: May 2022 Credit points: 10.000 -
Delivery & attendance
Timetable: https://bond.edu.au/timetable Delivery mode: Standard Workload items: - Seminar: x12 (Total hours: 24) - Seminar
- Personal Study Hours: x12 (Total hours: 96) - Recommended Study
Attendance and learning activities: -
Resources
Prescribed resources: Books
- Jonathan Crowe (2019). Legal Theory. 3rd, Thomson Reuters
iLearn@Bond & Email: iLearn@Bond is the online learning environment at Bond University and is used to provide access to subject materials, lecture recordings and detailed subject information regarding the subject curriculum, assessment and timing. Both iLearn and the Student Email facility are used to provide important subject notifications. Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student. To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au
Class recordings: The primary workload items for this subject will be recorded for the purpose of revision.
These recordings are not a substitute for attending classes. Students are encouraged to attend all sessions as there may be instances where a session is not recorded due to the presence of a guest speaker, the inclusion of sensitive or protected content, or technical issues. Students are advised not to rely solely on these recordings for revision.
See the Recording policy for further details.
| Academic unit: | Faculty of Law |
|---|---|
| Subject code: | LAWS77-572 |
| Subject title: | Philosophical Foundations of Law |
| Subject level: | Postgraduate |
| Semester/Year: | May 2022 |
| Credit points: | 10.000 |
| Timetable: | https://bond.edu.au/timetable |
|---|---|
| Delivery mode: | Standard |
| Workload items: |
|
| Attendance and learning activities: |
| Prescribed resources: | Books
|
|---|---|
| iLearn@Bond & Email: | iLearn@Bond is the online learning environment at Bond University and is used to provide access to subject materials, lecture recordings and detailed subject information regarding the subject curriculum, assessment and timing. Both iLearn and the Student Email facility are used to provide important subject notifications. Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student. To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au |
| Class recordings: | The primary workload items for this subject will be recorded for the purpose of revision. These recordings are not a substitute for attending classes. Students are encouraged to attend all sessions as there may be instances where a session is not recorded due to the presence of a guest speaker, the inclusion of sensitive or protected content, or technical issues. Students are advised not to rely solely on these recordings for revision. See the Recording policy for further details. |
Enrolment requirements
| Requisites: |
Nil |
|---|---|
| Assumed knowledge: |
Assumed knowledge is the minimum level of knowledge of a subject area that students are assumed to have acquired through previous study. It is the responsibility of students to ensure they meet the assumed knowledge expectations of the subject. Students who do not possess this prior knowledge are strongly recommended against enrolling and do so at their own risk. No concessions will be made for students’ lack of prior knowledge. Juris Doctor students are expected to have completed a minimum of 80 credit points of compulsory law subjects. |
| Restrictions: |
Nil |
Assurance of learning
Assurance of Learning means that universities take responsibility for creating, monitoring and updating curriculum, teaching and assessment so that students graduate with the knowledge, skills and attributes they need for employability and/or further study.
At Bond University, we carefully develop subject and program outcomes to ensure that student learning in each subject contributes to the whole student experience. Students are encouraged to carefully read and consider subject and program outcomes as combined elements.
Program Learning Outcomes (PLOs)
Program Learning Outcomes provide a broad and measurable set of standards that incorporate a range of knowledge and skills that will be achieved on completion of the program. If you are undertaking this subject as part of a degree program, you should refer to the relevant degree program outcomes and graduate attributes as they relate to this subject.
Subject Learning Outcomes (SLOs)
On successful completion of this subject the learner will be able to:
- Demonstrate knowledge of: a) central themes and traditions in the philosophy of law; b) the development of philosophy of law from classical times to the present; and c) the relevance of philosophy of law to legal advocacy and practice.
- Demonstrate the reasoning, research and communication skills to: a) engage critically with historical and current debates in philosophy of law; b) understand, analyse and critique philosophical arguments relevant to law; and c) understand, analyse and critique appeals to legal and ethical theories in legal advocacy and practice.
- Demonstrate the ability to apply the above knowledge and skills: a) with creativity and initiative to new situations; b) with high level personal autonomy and accountability; and c) with an awareness of ethical responsibilities and context.
- Demonstrate: a) knowledge of principles and methods of legal research and critical reasoning; b) the reasoning and communication skills to engage in effective legal research and writing on theoretical topics; and c) the ability to plan and execute a substantial research based project.
Generative Artificial Intelligence in Assessment
The University acknowledges that Generative Artificial Intelligence (Gen-AI) tools are an important facet of contemporary life. Their use in assessment is considered in line with students’ development of the skills and knowledge which demonstrate learning outcomes and underpin study and career success. Instructions on the use of Gen-AI are given for each assessment task; it is your responsibility to adhere to these instructions.
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Assessment details
Type Task % Timing* Outcomes assessed Essay Research essay 50% Week 12 1,2,3,4 Essay Short responses to set readings 30% Progressive 1,2,3,4 Student Engagement Seminar participation 20% Ongoing 1,2,3,4 - * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
- C = Students must reach a level of competency to successfully complete this assessment.
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Assessment criteria
Assessment criteria
High Distinction 85-100 Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking. Distinction 75-84 Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas. Credit 65-74 Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above. Pass 50-64 Usually awarded to students whose performance meets the requirements set for work provided for assessment. Fail 0-49 Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines. Quality assurance
For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.
| Type | Task | % | Timing* | Outcomes assessed |
|---|---|---|---|---|
| Essay | Research essay | 50% | Week 12 | 1,2,3,4 |
| Essay | Short responses to set readings | 30% | Progressive | 1,2,3,4 |
| Student Engagement | Seminar participation | 20% | Ongoing | 1,2,3,4 |
- * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
- C = Students must reach a level of competency to successfully complete this assessment.
Assessment criteria
| High Distinction | 85-100 | Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking. |
|---|---|---|
| Distinction | 75-84 | Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas. |
| Credit | 65-74 | Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above. |
| Pass | 50-64 | Usually awarded to students whose performance meets the requirements set for work provided for assessment. |
| Fail | 0-49 | Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines. |
Quality assurance
For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.
Study Information
Submission procedures
Students must check the iLearn@Bond subject site for detailed assessment information and submission procedures.
Policy on late submission and extensions
A late penalty will be applied to all overdue assessment tasks unless an extension is granted by the subject coordinator. The standard penalty will be 10% of marks awarded to that assessment per day late with no assessment to be accepted seven days after the due date. Where a student is granted an extension, the penalty of 10% per day late starts from the new due date.
Academic Integrity
University’s Academic Integrity Policy defines plagiarism as the act of misrepresenting as one’s own original work: another’s ideas, interpretations, words, or creative works; and/or one’s own previous ideas, interpretations, words, or creative work without acknowledging that it was used previously (i.e., self-plagiarism). The University considers the act of plagiarising to be a breach of the Student Conduct Code and, therefore, subject to the Discipline Regulations which provide for a range of penalties including the reduction of marks or grades, fines and suspension from the University.
Bond University utilises Originality Reporting software to inform academic integrity.Feedback on assessment
Feedback on assessment will be provided to students within two weeks of the assessment submission due date, as per the Assessment Policy.
Accessibility and Inclusion Support
If you have a disability, illness, injury or health condition that impacts your capacity to complete studies, exams or assessment tasks, it is important you let us know your special requirements, early in the semester. Students will need to make an application for support and submit it with recent, comprehensive documentation at an appointment with a Disability Officer. Students with a disability are encouraged to contact the Disability Office at the earliest possible time, to meet staff and learn about the services available to meet your specific needs. Please note that late notification or failure to disclose your disability can be to your disadvantage as the University cannot guarantee support under such circumstances.
Additional subject information
Students may be asked to respond to questions from the subject coordinator regarding the content of their assessments. Students are expected to keep evidence of drafting and research.
Subject curriculum
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What is philosophy of law?
This seminar will introduce some central questions and methodologies of philosophy of law. We will discuss its significance for legal advocacy and practice.
SLOs included
- Demonstrate knowledge of: a) central themes and traditions in the philosophy of law; b) the development of philosophy of law from classical times to the present; and c) the relevance of philosophy of law to legal advocacy and practice.
- Demonstrate the reasoning, research and communication skills to: a) engage critically with historical and current debates in philosophy of law; b) understand, analyse and critique philosophical arguments relevant to law; and c) understand, analyse and critique appeals to legal and ethical theories in legal advocacy and practice.
- Demonstrate the ability to apply the above knowledge and skills: a) with creativity and initiative to new situations; b) with high level personal autonomy and accountability; and c) with an awareness of ethical responsibilities and context.
- Demonstrate: a) knowledge of principles and methods of legal research and critical reasoning; b) the reasoning and communication skills to engage in effective legal research and writing on theoretical topics; and c) the ability to plan and execute a substantial research based project.
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Are there any objective values?
We will critically engage with philosophical debates on the existence of objective values and explore their relevance to legal scholarship and institutions.
SLOs included
- Demonstrate knowledge of: a) central themes and traditions in the philosophy of law; b) the development of philosophy of law from classical times to the present; and c) the relevance of philosophy of law to legal advocacy and practice.
- Demonstrate the reasoning, research and communication skills to: a) engage critically with historical and current debates in philosophy of law; b) understand, analyse and critique philosophical arguments relevant to law; and c) understand, analyse and critique appeals to legal and ethical theories in legal advocacy and practice.
- Demonstrate the ability to apply the above knowledge and skills: a) with creativity and initiative to new situations; b) with high level personal autonomy and accountability; and c) with an awareness of ethical responsibilities and context.
- Demonstrate: a) knowledge of principles and methods of legal research and critical reasoning; b) the reasoning and communication skills to engage in effective legal research and writing on theoretical topics; and c) the ability to plan and execute a substantial research based project.
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Law and the good life
This seminar will introduce the classical natural law tradition, focusing on Aristotle, Augustine and Aquinas. We will explore its relevance to legal thought today.
SLOs included
- Demonstrate knowledge of: a) central themes and traditions in the philosophy of law; b) the development of philosophy of law from classical times to the present; and c) the relevance of philosophy of law to legal advocacy and practice.
- Demonstrate the reasoning, research and communication skills to: a) engage critically with historical and current debates in philosophy of law; b) understand, analyse and critique philosophical arguments relevant to law; and c) understand, analyse and critique appeals to legal and ethical theories in legal advocacy and practice.
- Demonstrate the ability to apply the above knowledge and skills: a) with creativity and initiative to new situations; b) with high level personal autonomy and accountability; and c) with an awareness of ethical responsibilities and context.
- Demonstrate: a) knowledge of principles and methods of legal research and critical reasoning; b) the reasoning and communication skills to engage in effective legal research and writing on theoretical topics; and c) the ability to plan and execute a substantial research based project.
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Law and social norms I
This seminar will introduce legal positivism, focusing on its attempts to analyse law as a set of social norms. We will focus on John Austin and Hans Kelsen.
SLOs included
- Demonstrate knowledge of: a) central themes and traditions in the philosophy of law; b) the development of philosophy of law from classical times to the present; and c) the relevance of philosophy of law to legal advocacy and practice.
- Demonstrate the reasoning, research and communication skills to: a) engage critically with historical and current debates in philosophy of law; b) understand, analyse and critique philosophical arguments relevant to law; and c) understand, analyse and critique appeals to legal and ethical theories in legal advocacy and practice.
- Demonstrate the ability to apply the above knowledge and skills: a) with creativity and initiative to new situations; b) with high level personal autonomy and accountability; and c) with an awareness of ethical responsibilities and context.
- Demonstrate: a) knowledge of principles and methods of legal research and critical reasoning; b) the reasoning and communication skills to engage in effective legal research and writing on theoretical topics; and c) the ability to plan and execute a substantial research based project.
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Law and social norms II
We will continue to explore the legal positivist tradition and its contemporary status, discussing the influential work of HLA Hart.
SLOs included
- Demonstrate knowledge of: a) central themes and traditions in the philosophy of law; b) the development of philosophy of law from classical times to the present; and c) the relevance of philosophy of law to legal advocacy and practice.
- Demonstrate the reasoning, research and communication skills to: a) engage critically with historical and current debates in philosophy of law; b) understand, analyse and critique philosophical arguments relevant to law; and c) understand, analyse and critique appeals to legal and ethical theories in legal advocacy and practice.
- Demonstrate the ability to apply the above knowledge and skills: a) with creativity and initiative to new situations; b) with high level personal autonomy and accountability; and c) with an awareness of ethical responsibilities and context.
- Demonstrate: a) knowledge of principles and methods of legal research and critical reasoning; b) the reasoning and communication skills to engage in effective legal research and writing on theoretical topics; and c) the ability to plan and execute a substantial research based project.
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Law and practical reason
This seminar will consider the contemporary revival of natural law thinking. We will examine the work of Lon L Fuller and John Finnis.
SLOs included
- Demonstrate knowledge of: a) central themes and traditions in the philosophy of law; b) the development of philosophy of law from classical times to the present; and c) the relevance of philosophy of law to legal advocacy and practice.
- Demonstrate the reasoning, research and communication skills to: a) engage critically with historical and current debates in philosophy of law; b) understand, analyse and critique philosophical arguments relevant to law; and c) understand, analyse and critique appeals to legal and ethical theories in legal advocacy and practice.
- Demonstrate the ability to apply the above knowledge and skills: a) with creativity and initiative to new situations; b) with high level personal autonomy and accountability; and c) with an awareness of ethical responsibilities and context.
- Demonstrate: a) knowledge of principles and methods of legal research and critical reasoning; b) the reasoning and communication skills to engage in effective legal research and writing on theoretical topics; and c) the ability to plan and execute a substantial research based project.
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Liberalism and law
We will consider the idea of liberalism and its role in legal and political discourse, focusing particularly on the ideas of Adam Smith and FA Hayek.
SLOs included
- Demonstrate knowledge of: a) central themes and traditions in the philosophy of law; b) the development of philosophy of law from classical times to the present; and c) the relevance of philosophy of law to legal advocacy and practice.
- Demonstrate the reasoning, research and communication skills to: a) engage critically with historical and current debates in philosophy of law; b) understand, analyse and critique philosophical arguments relevant to law; and c) understand, analyse and critique appeals to legal and ethical theories in legal advocacy and practice.
- Demonstrate the ability to apply the above knowledge and skills: a) with creativity and initiative to new situations; b) with high level personal autonomy and accountability; and c) with an awareness of ethical responsibilities and context.
- Demonstrate: a) knowledge of principles and methods of legal research and critical reasoning; b) the reasoning and communication skills to engage in effective legal research and writing on theoretical topics; and c) the ability to plan and execute a substantial research based project.
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Feminist and race-based critiques of law
This seminar will engage with feminist and race-based critiques of mainstream legal discourse. We will discuss historical and current legal and social issues.
SLOs included
- Demonstrate knowledge of: a) central themes and traditions in the philosophy of law; b) the development of philosophy of law from classical times to the present; and c) the relevance of philosophy of law to legal advocacy and practice.
- Demonstrate the reasoning, research and communication skills to: a) engage critically with historical and current debates in philosophy of law; b) understand, analyse and critique philosophical arguments relevant to law; and c) understand, analyse and critique appeals to legal and ethical theories in legal advocacy and practice.
- Demonstrate the ability to apply the above knowledge and skills: a) with creativity and initiative to new situations; b) with high level personal autonomy and accountability; and c) with an awareness of ethical responsibilities and context.
- Demonstrate: a) knowledge of principles and methods of legal research and critical reasoning; b) the reasoning and communication skills to engage in effective legal research and writing on theoretical topics; and c) the ability to plan and execute a substantial research based project.
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Postmodern critiques of law
We will explore postmodern critiques of traditional legal theories, engaging with the provocative work of Jean-Francois Lyotard and Emmanuel Levinas.
SLOs included
- Demonstrate knowledge of: a) central themes and traditions in the philosophy of law; b) the development of philosophy of law from classical times to the present; and c) the relevance of philosophy of law to legal advocacy and practice.
- Demonstrate the reasoning, research and communication skills to: a) engage critically with historical and current debates in philosophy of law; b) understand, analyse and critique philosophical arguments relevant to law; and c) understand, analyse and critique appeals to legal and ethical theories in legal advocacy and practice.
- Demonstrate the ability to apply the above knowledge and skills: a) with creativity and initiative to new situations; b) with high level personal autonomy and accountability; and c) with an awareness of ethical responsibilities and context.
- Demonstrate: a) knowledge of principles and methods of legal research and critical reasoning; b) the reasoning and communication skills to engage in effective legal research and writing on theoretical topics; and c) the ability to plan and execute a substantial research based project.
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Legal rights and duties
This seminar will analyse the notion of a right and its role in legal arguments. We will unpack the influential framework advanced by WN Hohfeld.
SLOs included
- Demonstrate knowledge of: a) central themes and traditions in the philosophy of law; b) the development of philosophy of law from classical times to the present; and c) the relevance of philosophy of law to legal advocacy and practice.
- Demonstrate the reasoning, research and communication skills to: a) engage critically with historical and current debates in philosophy of law; b) understand, analyse and critique philosophical arguments relevant to law; and c) understand, analyse and critique appeals to legal and ethical theories in legal advocacy and practice.
- Demonstrate the ability to apply the above knowledge and skills: a) with creativity and initiative to new situations; b) with high level personal autonomy and accountability; and c) with an awareness of ethical responsibilities and context.
- Demonstrate: a) knowledge of principles and methods of legal research and critical reasoning; b) the reasoning and communication skills to engage in effective legal research and writing on theoretical topics; and c) the ability to plan and execute a substantial research based project.
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The role of the judge
We will consider contemporary debates about the role of judges in applying and interpreting the law, engaging with Lon L Fuller and Ronald Dworkin.
SLOs included
- Demonstrate knowledge of: a) central themes and traditions in the philosophy of law; b) the development of philosophy of law from classical times to the present; and c) the relevance of philosophy of law to legal advocacy and practice.
- Demonstrate the reasoning, research and communication skills to: a) engage critically with historical and current debates in philosophy of law; b) understand, analyse and critique philosophical arguments relevant to law; and c) understand, analyse and critique appeals to legal and ethical theories in legal advocacy and practice.
- Demonstrate the ability to apply the above knowledge and skills: a) with creativity and initiative to new situations; b) with high level personal autonomy and accountability; and c) with an awareness of ethical responsibilities and context.
- Demonstrate: a) knowledge of principles and methods of legal research and critical reasoning; b) the reasoning and communication skills to engage in effective legal research and writing on theoretical topics; and c) the ability to plan and execute a substantial research based project.