The Constitution is the highest law. Beneath the Constitution, there are two main sources of law: statutory law and the common law. Correspondingly, other than constitutional interpretation, there are two main modes of legal reasoning: statutory interpretation and common law reasoning. Common law reasoning is, in many ways, more fundamental than statutory interpretation. In contrast to the civil law legal system, we call our system a common law legal system. Common law reasoning is foundational to our legal system. Besides a common law approach to case law, we also speak of a common law approach to constitutional interpretation and a common law approach to statutory interpretation. Common law reasoning permeates all areas of law in our legal system. The course will cover the following topics: history and theory of the common law; the doctrine of stare decisis; separating ratio from obiter; deductive and inductive reasoning; reasoning by analogy and disanalogy.
Learning Outcomes
Upon successful completion, students will have the knowledge and skills to:
- Investigate and critically evaluate the different modes of common law reasoning
- Reflect critically on the doctrine of stare decisis
- Explore and review the legal principles underlying common law reasoning
- Critically analyse and assess the difference between ratio and obiter
- Plan and conduct legal research and present findings which evaluate the logic of common law reasoning
Indicative Assessment
- The proposed means of assessment for this course will provide students with at least two pieces of assessment, including one piece during the teaching period. More information about the means of assessment, including the relationship between the assessment and the learning outcomes of the course, will be available in the class summary and on the course WATTLE page. (100) [LO 1,2,3,4,5]
The ANU uses 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. While the use of Turnitin is not mandatory, the ANU highly recommends Turnitin is used by both teaching staff and students. For additional information regarding Turnitin please visit the ANU Online website.
Workload
Classes offered in non-standard sessions will be taught semi-intensively with compulsory contact hours of approximately 26 hours of face to face teaching. The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours.
Classes offered during semester periods are expected to have three contact hours per week. Students are generally expected to devote at least 10 hours overall per week to this course. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours
Inherent Requirements
Not applicable
Requisite and Incompatibility
Prescribed Texts
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course.
Preliminary Reading
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course.
Assumed Knowledge
None
Fees
Tuition fees are for the academic year indicated at the top of the page.
Commonwealth Support (CSP) Students
If you have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). More information about your student contribution amount for each course at Fees.
- Student Contribution Band:
- 34
- Unit value:
- 6 units
If you are a domestic graduate coursework student with a Domestic Tuition Fee (DTF) place or international student you will be required to pay course tuition fees (see below). Course tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.
Where there is a unit range displayed for this course, not all unit options below may be available.
| Units | EFTSL |
|---|---|
| 6.00 | 0.12500 |
Course fees
- Domestic fee paying students
| Year | Fee |
|---|---|
| 2025 | $5280 |
- International fee paying students
| Year | Fee |
|---|---|
| 2025 | $6720 |
Offerings, Dates and Class Summary Links
ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.