This paper explores the concepts and principles that are considered to be the philosophical foundations of law.
In this paper we ask theoretical questions about law, such as: What is law’s nature? What are the roles of rights and obligations in law? What should they be? What is the relationship between legal fact and social fact? What should it be? What principles does law embody when regulating the social world? What principles should it embody?
We also explore issues around the relationship between law and morality. To what extent can law be explained in terms of moral precepts, conceptions of justice, goals of economic efficiency, or other value frameworks? To what extent do these values act as underlying grounds for law’s existence? What assumptions about morality and the nature of persons are necessary to make sense of law?
About this paper
| Paper title | Legal Theory |
|---|---|
| Subject | Law |
| EFTS | 0.1 |
| Points | 15 points |
| Teaching period | Semester 2 (On campus) |
| Domestic Tuition Fees ( NZD ) | $820.40 |
| International Tuition Fees | Tuition Fees for international students are elsewhere on this website. |
- Prerequisite
- LAWS 302 and 66 further LAWS points
- Pre or Corequisite
- Any 200-level LAWS paper not already passed
- Limited to
- LLB, LLB(Hons)
- Notes
- Not all optional papers will be available in any given year.
- Contact
- law@otago.ac.nz
- More information link
- View more information on the Faculty of Law's website
- Teaching staff
- Textbooks
- Course materials are provided by the Faculty.
- 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 will have:
- The ability to undertake critical legal analysis of topics within legal theory.
This paper explores the concepts and principles that are considered to be the philosophical foundations of law.
In this paper we ask theoretical questions about law, such as: What is law’s nature? What are the roles of rights and obligations in law? What should they be? What is the relationship between legal fact and social fact? What should it be? What principles does law embody when regulating the social world? What principles should it embody?
We also explore issues around the relationship between law and morality. To what extent can law be explained in terms of moral precepts, conceptions of justice, goals of economic efficiency, or other value frameworks? To what extent do these values act as underlying grounds for law’s existence? What assumptions about morality and the nature of persons are necessary to make sense of law?
About this paper
| Paper title | Legal Theory |
|---|---|
| Subject | Law |
| EFTS | 0.1125 |
| Points | 15 points |
| Teaching period | Semester 1 (On campus) |
| Domestic Tuition Fees | Tuition Fees for 2027 have not yet been set |
| International Tuition Fees | Tuition Fees for international students are elsewhere on this website. |
- Prerequisite
- LAWS 302 and 66 further LAWS points
- Pre or Corequisite
- Any 200-level LAWS paper not already passed
- Limited to
- LLB, LLB(Hons)
- Notes
- Not all optional papers will be available in any given year.
- Contact
- law@otago.ac.nz
- More information link
- View more information on the Faculty of Law's website.
- Teaching staff
- Textbooks
All course readings for this paper are provided by the Faculty on Aoroa.
- 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
After undertaking this paper with requisite diligence, you will be able to demonstrate a solid understanding of:
- Advanced jurisprudence, including cutting-edge debates in the philosophy of law.
- The interrelationship between legal theory and the design and function of law.
- The interrelationship between conceptions and experiences of (in)justice and law.
- How to better apply analytical skills and improve analysis of ideas and concepts.
- How to deeply critique and engage with information, especially about law.
- Ways in which your role in (or around) the legal system relates to society, meaning, your self-conception more generally.
- Methods of independent research, writing and brainstorming.