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Overview

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 the 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.


Workload Expectations

This is a standard 15-point course. The guideline for the total workload for this course is 150 hours.

Course Prerequisites, Corequisites and Restrictions

Prerequisite

Locations and Semesters Offered

LocationSemester
City
City

Teaching and Learning

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

Taught courses use a learning and collaboration tool called Canvas to provide students with learning materials including 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.

Additional Information on Learning Resources

A reading list will be posted on Talis.

Copyright

The content and delivery of content in this course are protected by copyright. Material belonging to others may have been used in this course and copied by and solely for the educational purposes of the University under license. You may copy the course content for the purposes of private study or research, but you may not upload onto any third-party site, make a further copy or sell, alter or further reproduce or distribute any part of the course content to another person.

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.

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 for potential plagiarism or other forms of academic misconduct, using computerised detection mechanisms.

Similarly, research students must meet the University’s expectations of good research practice. This requires:

  • Honesty - in all aspects of research work
  • Accountability - in the conduct of research
  • Professional courtesy and fairness – in working with others
  • Good stewardship – on behalf of others
  • Transparency – of research process and presentation of results
  • Clarity - communication to be understandable, explainable and accessible

For more information on the University’s expectations of academic integrity, please see the Academic Conduct section of the University policy hub.

Disclaimer

Elements of this outline may be subject to change. The latest information about taught courses is made available to enrolled students in Canvas.

Students may be asked to submit assessments digitally. The University reserves the right to conduct scheduled tests and examinations 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.


Assessment and Learning Outcomes

Course Learning Outcomes

CLO #OutcomeProgramme Capability Link
1
2
3
4
5
6
7

Assessments

Assessment TypeAssessment PercentageAssessment Classification

Assessment to CLO Mapping

Assessment Type1234567

Student Feedback, Support and Charter

Student Feedback

Feedback on taught courses is gathered from students at the end of each semester 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. In addition, class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

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.

Tuākana

Tuākana is a multi-faceted programme for Māori and Pacific students providing topic specific tutorials, one-on-one sessions, test and exam preparation and more. Explore your options at Tuakana Learning Communities.

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.

Wellbeing

We all go through tough times during the semester, or see our friends struggling. There is lots of help out there - please see the Support Services page for information on support services in the University and the wider community.

Special Circumstances

If your ability to complete assessed work 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. This should be done as soon as possible and no later than seven days after the affected test or exam date.

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.

Student Academic Complaints and Disputes

Students with concerns about teaching including how a course is delivered, the resources provided, or supervision arrangements, have the right to express their concerns and seek resolution. The university encourages informal resolution where possible, as this is quicker and less stressful. For information on the informal and formal complaints processes, please refer to the Student Academic Complaints Statute in the Student Policies and Guidelines section of the Policy Hub.