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.

2025 10

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  • Term Mode
  • Semester 2Campus Attendance

Prerequisites

LAWS104 Foundations of Law and Legal Research data-sub-type=Unit

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.

Describe and critically evaluate the theories adva...

Learning Outcome 01

Describe and critically evaluate the theories advanced to explain the nature and operation of the law and the rights and obligations it creates.

Describe and critically evaluate the relationship ...

Learning Outcome 02

Describe and critically evaluate the relationship between the law and a society’s moral, social and political values.

Critically evaluate areas of law from moral, socia...

Learning Outcome 03

Critically evaluate areas of law from moral, social, economic and political perspectives.

Content

Topics will include: 

  1. The nature and relevance of jurisprudence 
  2. The meaning of law 
  3. Natural law 
  4. Legal positivism 
  5. Realism 
  6. Critical legal theory 
  7. Feminist legal theory 
  8. Law, morality and rights 

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

Assessment 1 Research Audit Trail   &...

Assessment 1 Research Audit Trail                                                                                                         

A research audit trail is a transparent account of the steps taken from the start of a research project to its conclusion.

Students will be assessed on their ability to carry out and report on an appropriate research process. This will include:

·        Selection and understanding of research question

·        Identification and use of appropriate academic and legal databases.

·        Understanding and use of appropriate search terms

·        Identification of appropriate sources (academic journal articles, cases and legislation)

·        Critical assessment of sources

·        Development of argument based on sources

We will work on the research process from weeks 2 to 6 in class. You can choose to have your research audit trail assessed by your tutor based on your class work or you can arrange a 15 minute interview in week 6 to discuss your research process with your tutor. In the interview, you will need to show evidence of your research process, which could include screen shots of database searches, research notes, annotated cases or articles. You will be asked about your process and your critical assessment of the sources you have identified.

Weighting

20%

Learning Outcomes LO1, LO2, LO3

Assessment 2 Research Essay This assessment is d...

Assessment 2 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. 

Weighting

30%

Learning Outcomes LO1, LO2, LO3

Assessment 3 Exam This assessment is designed to...

Assessment 3 Exam

This assessment is designed to develop an advanced knowledge of legal theories; the ability to critically evaluate law; and the ability to analyse the relationship between law and society’s moral, social and political values. Students will be assessed on their understanding of legal theories, their ability to critically analyse and apply theory to legal issues, and their ability to make a reasoned argument.

This will be an in class, hand-written exam in week 12, which will be invigilated by local tutors, under exam conditions. Students may bring in handwritten notes. No printed or electronic materials or technology will be allowed. Each class exam will have different questions.

Weighting

50%

Learning Outcomes LO1, LO2, LO3

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 multimodal 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 Canvas.

Representative texts and references

Representative texts and references

Denise Meyerson, Jurisprudence (2011; Oxford University Press). 

HLA Hart, The Concept of Law (1997: Oxford University Press) 

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