Year
2023Credit points
10Campus offering
No unit offerings are currently available for this unitPrerequisites
LAWS104 Foundations of Law and Legal Research
Unit rationale, description and aim
This level four unit contributes to the development of:
- advanced knowledge of legal theories and the ability to apply them to legal questions;
- advanced cognitive, technical and communication skills
- advanced research and writing skills.
This unit explores the general nature and meaning of the law and of legal rights, responsibilities and obligations. It covers the work of classical theorists and the various schools of thought about these issues.
Learning outcomes
To successfully complete this unit you will be able to demonstrate you have achieved the learning outcomes (LO) detailed in the below table.
Each outcome is informed by a number of graduate capabilities (GC) to ensure your work in this, and every unit, is part of a larger goal of graduating from ACU with the attributes of insight, empathy, imagination and impact.
Explore the graduate capabilities.
On successful completion of this unit, students should be able to:
LO1 - Describe and critically evaluate the theories advanced to explain the nature and operation of the law and the rights and obligations it creates. (GA4, GA5, GA9)
LO2 - Describe and critically evaluate the relationship between the law and a society’s moral, social and political values. (GA1, GA2, GA3)
LO3 - Critically evaluate areas of law from moral, social, economic and political perspectives. (GA1, GA2, GA3, GA4, GA5, GA9)
Graduate attributes
GA1 - demonstrate respect for the dignity of each individual and for human diversity
GA2 - recognise their responsibility to the common good, the environment and society
GA3 - apply ethical perspectives in informed decision makinG
GA4 - think critically and reflectively
GA5 - demonstrate values, knowledge, skills and attitudes appropriate to the discipline and/or profession
GA9 - demonstrate effective communication in oral and written English language and visual media
Content
Topics will include:
- The nature and relevance of jurisprudence
- The meaning of law
- Natural law
- Legal positivism
- Realism
- Critical legal theory
- Feminist legal theory
- Law, morality and rights
Learning and teaching strategy and rationale
Mode: Lectures, tutorials, electronic consultation, library tasks and presentations or Online lectures and activities.
Duration: 3 hours per week over 12 weeks or equivalent. Students are expected to spend 150 hours in total for this unit.
This level four specified unit allows students to demonstrate knowledge, skills and understanding in the theories and philosophy of law and develop research skills.
Our strategy is to encourage students to creatively engage with unit content and to practice advanced research skills.
The unit is designed to be delivered in intensive, weekly mode or online mode. We have taken a blended learning approach to provide accessibility and flexibility to our students and a student focused approach that increases depth of learning and engagement through actively utilising LEO.
Assessment strategy and rationale
The assessment strategy is designed to assess knowledge, skills and understanding in jurisprudence and to develop research skills.
The assessment tasks for this unit are designed to demonstrate achievement of each of the learning outcomes listed.
The weighting of the assessment has been approved in accordance with 5.2 of the ACU Assessment Policy.
Overview of assessments
| Brief Description of Kind and Purpose of Assessment Tasks | Weighting | Learning Outcomes | Graduate Attributes |
|---|---|---|---|
Assessment 1: Lesson Activities (Ongoing) The lesson activities are intended to consolidate students’ knowledge of legal theory. Each lesson must be completed by Sunday 8.00 PM at the end of the relevant week. Weeks 2 to 11 will contribute to the final mark. | 20% | LO1, LO2, LO3 | GA1, GA2, GA3, GA4, GA9 |
Assessment 2: Short Essay This essay will assess students’ understanding of the topics covered in weeks 1-3. It will provide an opportunity to consolidate knowledge of fundamental theoretical concepts. Students will be assessed on their ability to read and understand theoretical materials and their ability to communicate this understanding in essay form | 30% | LO1, LO2, LO3 | GA1, GA2, GA3, GA4, GA5, GA9 |
Assessment 3: Research Essay This assessment is designed to develop students’ research skills, their knowledge of legal theory and their ability to apply legal theory to a legal issue. Students will be assessed on their research, their understanding of legal theory, their ability to creatively and critically apply legal theory and their communication skills. | 50% | LO1, LO2, LO3 | GA1, GA2, GA3, GA4, GA5, GA9 |
Representative texts and references
Denise Meyerson, Jurisprudence (2011; Oxford University Press).
HLA Hart, The Concept of Law (1997: Oxford University Press)