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The course involves a study of various modern theories about law from both a descriptive and critical perspective.
The course begins by considering the origins of concepts of justice and law, and the classical natural law approach to law. It then considers various attempts since the Renaissance and Reformation to provide other bases for law and legal and political authority. This will include study of Hobbes and Kant, utilitarianism and legal positivism, the historical and economic schools and the theory of anarchy, as well as civil disobedience, the enforcement of morality, and issues around private property.
The aim of the course is to enable students to critically evaluate the role of law in society and to contemplate alternative legal constructions.
This course will provide students with an opportunity to develop the Graduate Attributes specified below:
Critically competent in a core academic discipline of their award
Students know and can critically evaluate and, where applicable, apply this knowledge to topics/issues within their majoring subject.
(i) LAWS101; and (ii) LAWS110
LAWS302
LAWS202-LAWS206
David Round
Assessment may consist of an essay and a final exam. The assessment will be confirmed in the first week of lectures.
Dias, Reginald Walter Michael; Jurisprudence ; 5th ed; Butterworths, 1985.
Kelly, J. M; A short history of Western legal theory ; Clarendon Press ;Oxford University Press, 1992.
Passerin d'Entreves, Alessandro; Natural law : an introduction to legal philosophy ; [2d rev. ed.]; Hutchinson University Library, 1970.
There is no set text. Useful recommended reading includes the above.
Domestic fee $806.00
International fee $3,775.00
* All fees are inclusive of NZ GST or any equivalent overseas tax, and do not include any programme level discount or additional course-related expenses.
For further information see Faculty of Law .