Legal theory encompasses any theoretical reflection about law. Within legal theory, legal philosophy, as its name implies, is the philosophy of law. Legal philosophy brings philosophical rigour to the theoretical reflection about law. Within legal philosophy, analytic jurisprudence applies the rigour of analytic philosophy to the study of the concept of law. This course will focus on the canonical works in analytic jurisprudence. The course revolves around one simple question: “What is law?”

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Discuss and explain key kinds of descriptive, justificatory and critical argumentation about law and legal issues;
2. Explain and identify familiarity with the ideas of key thinkers in legal theory;
3. Discuss and critically evaluate the ideas and arguments of legal theorists covered in the course;
4. Identify and discuss in a more theoretically informed style law and legal issues;
5. Identify and critically engage with some of the theoretical background of legal decisions and contemporary legal issues;
6. Engage critically in a theoretically informed and well-structured analysis and argument in relation to matters raised in this course.
7. Reflect critically upon written legal theoretical materials relevant to the learning activities engaged in in this course.

Required Resources

N.E. Simmonds, Central Issues in Jurisprudence, 5th ed (London: Sweet & Maxwell, 2018) 

https://library.anu.edu.au/record=b7075053

This book is a compulsory text for the first half of the course. It is available for sale at the campus bookstore, Harry Hartog. Although the ANU Library has an electronic subscription to the e-book, there is a limit on the number of users who can access the e-book simultaneously. If you feel that you need the book during the take-home exam period, you are strongly encouraged to have your own physical copy. Inability to access the e-book through the ANU Library’s website during the exam period is not a basis for an extension or special consideration.

Recommended Resources

HLA Hart, Concept of Law, 3rd ed (Oxford University Press, 2012)

https://library.anu.edu.au/record=b6855344

Lon Fuller, Morality of Law, revised ed (Yale University Press, 1965) 

https://library.anu.edu.au/record=b5917085

They are available for sale at the campus bookstore, Harry Hartog.

Staff Feedback

Students will be given feedback in the following forms in this course:

• written comments
• verbal comments
• feedback to whole class, groups, individuals, focus group etc

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.

Other Information

Extensions late submission and penalties - https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Special consideration: http://www.anu.edu.au/students/program-administration/assessments-exams/special-assessment-consideration

Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties

Distribution of Grades Policy: Effective from Winter Session and Second Semester 2018 (and until further notice), the interim scaling guideline applies to all courses in the LLB (Hons) and JD programs. Please see: https://law.anu.edu.au/current-students/policies-procedures/grading

Further Information about the Course: is available from the course WATTLE page. Students are required to access the WATTLE site regularly throughout the course for details on weekly classes and any announcements relating to the course.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Legal Positivism: Hart	Lecturer: Joshua Neoh
2	Legal Positivism: Hart	Lecturer: Joshua Neoh
3	Anti-positivism: Dworkin	Lecturer: Joshua Neoh
4	Anti-positivism: Dworkin	Lecturer: Joshua Neoh
5	Anti-positivism: Fuller	Lecturer: Joshua Neoh
6	Anti-positivism: Fuller	Lecturer: Joshua Neoh
7	Law as Culture	Lecturer: Desmond Manderson
8	Law as Culture	Lecturer: Desmond Manderson
9	Law as Culture	Lecturer: Desmond Manderson
10	Law as Violence	Lecturer: Desmond Manderson
11	Law as Violence	Lecturer: Desmond Manderson
12	Law as Violence	Lecturer: Desmond Manderson

Tutorial Registration

Enrolment in tutorials will be via the course Wattle site. Tutorials will run from Weeks 3 to 12.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Tutorial Quiz (Optional)	0 %	*	20/08/2021	1,2,3,4,5,6,7
Mid-Semester Take-Home Assignment	45 %	08/09/2021	01/10/2021	1,2,3,4,5,6,7
Final Take-Home Assignment	45 %	04/11/2021	02/12/2021	1,2,3,4,5,6,7
Tutorial Participation	10 %	*	01/11/2021	1,2,3,4,5,6,7

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the Academic Integrity . In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Assessment Task 1

Tutorial Quiz (Optional)

Details of Task: There will be a quiz administered in the tutorial in Week 4. The quiz question will be distributed in the tutorial. The quiz will take about 10 minutes to complete. The answer will be discussed in the tutorial. 

Nature of Task: This task is optional, and it has no impact on the final mark for the course.

Weighting: 0%

Release: In the Week 4 tutorial.

Due date: In the Week 4 tutorial

Estimated return date: In the Week 4 tutorial.

Assessment Criteria: Correct understanding of the prescribed readings.

Assessment Task 2

Mid-Semester Take-Home Assignment

Details of Task: Students must answer one essay question that is chosen from a list of questions that will be provided.  The questions will cover materials from Weeks 1-6. Although students will be given 48 hours to complete the task, the task can be successfully completed in 4 hours. The task must be done individually. No collaboration is permitted.  

Nature of Task: This task is compulsory and non-redeemable. Failure to complete this task will result in a 0 for this assessment item.

Release: 12pm, Monday 6 September 2021 via WATTLE.

Due date: 12pm, Wednesday 8 September 2021 via Turnitin. Late submissions (without an extension) is not permitted. If you experience unavoidable and extenuating circumstances and cannot complete the assessment at the due date and time, you should apply for an extension to the ANU College of Law Student Administration Services: https://law.anu.edu.au/forms/assessment-extension-request. The College will give you one further opportunity to complete the assessment, at the same time one week later. This will be your final opportunity to complete the task. However, if you have accessed the assessment, the College can only provide you a maximum extension of 24 hours.

Word Limit: 2700 words

Weighting: 45%

Estimated return date: Friday 1 October 2021 on Turnitin

Assessment Criteria:

• Ability to answer the question precisely and concisely
• Accuracy in presenting the views of the theorists studied in the course
• Ability to engage critically with the prescribed texts
• Clarity and coherence of expression, including the avoidance of waffle
• Prose easy to read, and argument easy to follow

Assessment Task 3

Final Take-Home Assignment

Details of Task: Students must answer one essay question that is chosen from a list of questions in the exam.  The exam will cover materials from Weeks 7-12. The take-home exam must be done individually. No collaboration is permitted. 

Nature of Task: This task is compulsory and non-redeemable. Failure to complete this task will result in a 0 for this assessment item.

Release: 12pm, Tuesday 2 November 2021 via Wattle.

Due date: 12pm, Thursday, 4 November 2021 via Wattle. Late submissions (without an extension) is not permitted. If you experience unavoidable and extenuating circumstances and cannot complete the assessment at the due date and time, you should apply for an extension to the ANU College of Law Student Administration Services: https://law.anu.edu.au/forms/assessment-extension-request. The College will give you one further opportunity to complete the assessment, at the same time one week later. This will be your final opportunity to complete the task. However, if you have accessed the assessment, the College can only provide you a maximum extension of 24 hours.

Word Limit: 2700 words

Weighting: 45%

Estimated return date: 2 December 2021 on Turnitin 

Assessment Criteria: 

• Ability to answer the question precisely and concisely 
• Accuracy in presenting the views of the theorists studied in the course 
• Ability to engage critically with the prescribed texts
• Clarity and coherence of expression, including the avoidance of waffle
• Prose easy to read, and argument easy to follow

Assessment Task 4

Tutorial Participation

Details of Task: This task will evaluate the student’s ability to engage with the readings as a critical and creative reader, and participate in intellectual discussions about abstract legal concepts. You must participate in the tutorial that you are enrolled in. There is no way to ‘carry across’ participation from one tutorial to another.

If you have a medical certificate, please submit your medical certificate to your tutor, who will take that into account in assessing your participation. If you have an EAP which states that you are unable to participate in a tutorial, please raise it with your tutor to discuss suitable alternative arrangements.

Any request to switch to a different on-campus tutorial is subject to the availability of seats (physical seats) in the tutorial that you want to switch to. Please email the tutor of the tutorial that you want to switch to. The tutor will be able to tell you whether there are seats available. If there are seats available, then you can switch to that tutorial. If not, then you cannot. However, before making the switch, students should bear in mind that the assessment for participation will be made by the tutor whose tutorial you have switched to. There is no way to ‘carry across’ participation from one tutorial to another.

Nature of Task: This item of assessment is compulsory and non-redeemable. Students who fail to complete this item of assessment will receive a mark of 0 for this item.

Duration: Tutorials run from Week 3-12.

Weighting: 10%

Estimated return date: 1 November 2021 on the Wattle Grade Book.

Assessment Criteria: The discussion in class should (a) be informed by the readings, and (b) engage with what others have said in class. The assessment is for participation, not attendance. Missing one or two tutorials will not, by itself, affect your mark, if you have displayed excellent participation overall. 

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.

The ANU commits to assisting all members of our community to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to be familiar with the academic integrity principle and Academic Misconduct Rule, uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with.

The Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item. Late submission is not accepted for take-home examinations.
• Late Submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been given an extension. Where an extension is granted, the revised due date and submission time is provided in writing. Please note that the revised due date is calculated by including weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date are penalised by 5% of the possible marks available for the assessment task per day or part thereof.

Referencing Requirements

Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students