Theoretical perspectives on the nature, values and functions of law.
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? Is it a system of rules? 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?
|Teaching period||Full Year|
|Domestic Tuition Fees (NZD)||$1,359.40|
|International Tuition Fees (NZD)||$6,424.80|
- 96 LAWS points
- Pre or Corequisite
- Any 200-level LAWS paper not already passed
- Limited to
- LLB, LLB(Hons)
- More information link
- View more information on the Faculty of Law's website
- Teaching staff
All course materials for LAWS 302 Jurisprudence are provided to students 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 should be able to demonstrate an understanding of
- The features of a positivist approach to law
- A range of sceptical responses to this positivist approach
- A range of intermediate positions between the positivist and sceptical poles of jurisprudence
- 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