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. Compare and contrast a range of key thinkers and diverse perspectives on law and legal systems.
2. Analyse a range of descriptive, justificatory and critical argumentation about law and legal systems.
3. Reflect critically on law and legal reasoning and communicate findings to a range of audiences, both orally and in writing.
4. Research and critically analyse the theoretical background of a range of legal decisions and contemporary legal issues.

Research-Led Teaching

this course reflects the interests of both lecturers in the course in general questions in the philosophy of law, in its origins and histories, and in questions of legal interpretation. by taking an approach which embeds legal theory in the discourses and cultural formations of society as a whole, and which emphasises the relevance of deep questions as to the nature and structure of law to contemporary issues in law, justice, and society, both in Australia and internationally, the course reflects the research commitments of the lecturers and the broad approach of law and the humanities.

Required Resources

1. Nigel Simmonds and Joshua Neoh, Central Issues in Jurisprudence, 6th edition (2022), available for purchase at Harry Hartog.  

2. Episodes 1-14 of Secondary Rules, available at https://secondary-rules.simplecast.com/  

3. Additional readings be made available on Wattle two weeks prior to the course commencement date.

Recommended Resources

See Wattle site

Staff Feedback

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

• written comments

• verbal comments

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). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

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

Extenuating circumstances: https://www.anu.edu.au/students/program-administration/assessments-exams/extenuating-circumstances-application

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

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

Distribution of grades policy: 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 any announcements relating to the course.

Artificial Intelligence (AI)

The ANU Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as providing clear guidance on the responsible and ethical use of AI technologies.

The following resources may also be useful:

• The ANU Library's Libguide is a valuable resource for gaining a comprehensive understanding of AI's role in academia.

• The ANU Academic Skills site provides useful information to ensure that you leverage AI responsibly and effectively.

• The ANU College of Law Academic Integrity and Misconduct site provides content related to legal implications, ethical guidelines, and considerations when dealing with AI in the context of law.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Genesis of Law	Part I: Before Law
2	Oresteia - Birth of Law	Tutorials begin in Week 2
3	Hobbes - State of Nature
4	Rousseau - State of Nature
5	Hart - Concept of Law	Part II: The Law
6	Fuller - Morality of Law
7	Dworkin - Legal Interpretation
8	Cover - Nomos and Narrative
9	Watson - Legal Pluralism	Part III: After Law
10	Foucault - Discipline and Punish
11	Schmitt & Agamben - State of Exception
12	End of Law

Tutorial Registration

ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials / seminars so they can better plan their time. Find out more on the My Timetable webpage.(Hyperlink: https://www.anu.edu.au/students/program-administration/timetabling )

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Quiz 0%	0 %	*	*	1,2
Tutorial Participation 10%	10 %	*	*	3,4
Tutorial Discussant 10%	10 %	*	*	3,4
Mid-term essay 25%	25 %	04/09/2024	27/09/2024	1,2,3,4
Final Examination	55 %	*	*	1,2,3,4

* 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 Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Extenuating Circumstances Application
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

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 Skills website. 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.

Participation

For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the program. Students are expected to attend all classes.

Examination(s)

Students should consult the ANU Examination Timetable closer to the examination period to confirm the final date, time and duration of the examination.

Assessment Task 1

Quiz 0%

Details of Task: The quiz will consist multiple-choice questions to be answered online.

Nature of Task: Optional. This assessment task is designed to give students an opportunity to receive feedback on their progress in the course.

Weighting: 0%

Release: 2pm, Monday 5 August, 2024

Due Date: The optional online quiz will remain open for attempts throughout the semester.

As this quiz is open for more than 24 hours, no time adjustments or extensions shall be applied for this task.

Estimated Return Date: Results are available immediately upon completion of the quiz.

Assessment Criteria: This task is marked automatically according to accuracy of understanding of course content.

Assessment Task 2

Tutorial Participation 10%

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 discussion about abstract legal concepts. The number of students in each tutorial is subject to a strict limit. Tutorials cannot be over-enrolled. Once the number of places in a tutorial have been filled, no additional students can be enrolled into that tutorial. You must participate in the tutorial in which you are enrolled. You cannot substitute your attendance in one tutorial by attending another. If you miss your tutorial for medical reasons, please email your medical certificate to your tutor.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 10%

Duration: Throughout the tutorials in which you have been enrolled.

Estimated Return Date: Thursday 31 October 2024.

Assessment Criteria: The discussion in class should (a) be informed by the readings, and (b) engage with what others have said in class.

Assessment Task 3

Tutorial Discussant 10%

Details of Task: Each student will be allocated as a discussant for one tutorial. The tutor will make the allocation in the first tutorial. The discussant is expected to lead the discussion in the assigned tutorial by, for example, offering a reflection on the readings, or posing thought-provoking questions for the class to consider based on the readings. At the end of the tutorial, the discussant should submit the written notes of their reflection/questions to the tutor as a record of the completion of this assessment task. The tutor will return this document to the student the following week with written feedback. The tutor will also provide a preliminary indication of the mark, subject to final moderation at the end of semester.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 10%

Due Date: In the assigned tutorial. Due to the nature of the task, late submission or extension is not permitted.

Estimated Return Date: Official end of semester results release date.

Assessment Criteria: The discussant should be able to lead and moderate an academic discussion by (a) offering a reflection on the readings, and (b) posing thought-provoking questions for the class to consider based on the readings.

Assessment Task 4

Mid-term essay 25%

Details of Task: This assignment will deal with the first part of the course only, on 'the origins of law'. It will invite you to discuss the arguments about the origins and nature of law from one or at most two of the authors we have studied, and to test their claims against a contemporary issue in the modern world. It will provide scope for your own thinking and reflections on the writers and ideas you have been exposed to. A small amount of additional research in relation to the contemporary issue you have chosen to discuss will be expected, but in general the focus of the assignment is on your ability to analyse and evaluate the course materials relevant to this task.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 25%

Word limit: 1,000 words. The ANU College of Law excess word penalty policy can be found here.

Release date: 2pm, Monday 5 August 2024

Due Date: 5pm, Wednesday 4 September 2024. Late submissions (without an extension) are permitted, but late penalties will apply. Please be mindful that if you are in your final semester, late submissions will have an impact on your eligibility to graduate on time.

Estimated Return Date: 27 September 2024

Assessment Criteria: Students will be evaluated on their understanding of the course materials, their ability to critique, develop and apply it, the appropriateness of their chosen case study; because this is a short essay, student will also be evaluated on their ability to structure written work, to develop and organise and argument, and on the quality of their written expression.

Assessment Task 5

Final Examination

Details of Task: Students must answer 2 essay questions to be chosen from 2 lists of questions covering material from weeks 5-12 of the course. they will be required to choose to answer one question from each list. The two questions are equally weighted. It will be an open-book exam, which means that you are allowed to bring in any printed materials that you want. However, if you quote materials from published works, you must cite them. You are strongly encouraged to write the essay in your own words.

Nature of Task: Compulsory and non-redeemable. Failure to sit this exam will result in a mark of zero for this assessment task.

Time, Date and Duration: Students should consult the ANU Examination Timetable closer to the examination period to confirm the final time, date, and duration of the examination.

If you experience extenuating circumstances and are unable to sit the examination at its scheduled time and date, you should submit an Extenuating Circumstances Application (ECA), via ISIS, within five working days of the original date of the examination. Your application will be processed by the Examinations Office. If it is approved, they will notify you, via email, of the details of your deferred examination which will be held during the first week of the following semester.

Weighting: 55%

Estimated Return Date: Official end of semester results release date.

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 is easy to read, and argument easy to follow
• Creativity and insight in drawing and developing comparisons between different authors, and to come up with their own view on the basis of that material

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

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. You must ensure that you upload the correct document on the specified submission due date and time. Any document modified after the due date and time will either incur a late penalty or will NOT be accepted. Unless an exemption has been approved by the Associate Dean (Education), submission must be through Turnitin in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.

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 tests or 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 granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.  

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material. Any use of artificial intelligence must be properly referenced. Failure to properly cite use of Generative AI will be considered a breach of academic integrity.

Returning Assignments

All marks and feedback will be provided by the return date listed in the class summary. 

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.

Resubmission of Assignments

Resubmission is not guaranteed. Please ensure that you have reviewed your submission carefully before you submit.

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 Accessibility 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 supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents all ANU students