Jurisprudence has been described as "the most fundamental, general, and theoretical plane of analysis of the social phenomenon called law".
Jurisprudence considers questions like these: What is law? What is the Māori legal order? How is Indigenous legal reasoning understood? What are the principles of Māori law and how are legal decisions made in te ao Māori? Is law a system of rules, is it a system of values? What is the relationship between law and morality? Is it ever justified to break the law? Is the law capable of being objective and neutral, or will it always be biased in favour of the dominant groups in society? How does law differ from politics? What is the appropriate and actual role of the judge? What is the role of discretion in judging? Does law progress? Can law be made a science? Is there a distinct form of legal reasoning? Is law an autonomous discipline?
About this paper
| Paper title | Jurisprudence |
|---|---|
| Subject | Law |
| EFTS | 0.2 |
| Points | 30 points |
| Teaching period | Full Year (On campus) |
| Domestic Tuition Fees ( NZD ) | $1,548.00 |
| International Tuition Fees | Tuition Fees for international students are elsewhere on this website. |
- Prerequisite
- 96 LAWS points
- Pre or Corequisite
- Any 200-level LAWS paper not already passed
- Limited to
- LLB, LLB(Hons)
- Eligibility
Any 200-level LAWS paper not already passed.
- Contact
- law@otago.ac.nz
- More information link
- View more information on the Faculty of Law's website
- Teaching staff
- Teaching Arrangements
Semester 1 Mātauraka Ture me kā Mātāpono Māori Māori Laws and Philosophy: Pūkenga Matua Senior Lecturer - Metiria Stanton Turei
Semester 2 Jurisprudence: Pūkenga Lecturer Dr Jan Mihal
- Textbooks
All course materials for LAWS 302 Jurisprudence are provided to students via Blackboard.
- Graduate Attributes Emphasised
- Global perspective, Interdisciplinary perspective, Lifelong learning, Scholarship, Communication, Critical thinking, Cultural understanding, Ethics, Environmental literacy, Information literacy, Research, Self-motivation, Teamwork.
View more information about Otago's graduate attributes. - Learning Outcomes
Students who successfully complete this paper should be able to demonstrate an understanding of:
- The principles of the Māori legal order, the interaction and application of the legal principles of Māori law and reasoning within Indigenous legal orders
- The features of a positivist approach to law
- A range of responses to this positivist approach
- How such thinking can help us analyse the features of different legal systems, legal institutions or fields of law and help us identify, track and compare trends in legal systems over time, between jurisdictions or in the work of particular courts or judges
- Critical jurisprudence