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Unit of study_

The Rule of Law and its Value - LAWS5195

Year - 2020

This course will explore the nature and value of the rule of law through a critical examination of classical and contemporary writings in jurisprudence. Among the problems we will consider are: What features of a legal system contribute to bringing about the rule of law? What is 'legality'? What is the relationship between the rule of law and the rule of good law? Is it always a virtue, other things being equal, to apply valid legal rules? How far is the rule of law consistent with the indeterminacy of law or with discretionary decision-making? Is the rule of law an 'unqualified human good'? Why is it good? Should the rule of law ever be sacrificed for the sake of other goods? What does the World Justice Project Rule of Law Index measure? Is it defensible from a jurisprudential point of view, and useful in determining the nature and value of the rule of law? Readings will include historical sources from the ancient Greek and early modern periods, contemporary essays in legal, moral, and political theory, and other primary legal sources.

2x2hr seminars/wk

Class participation (10%), 1500wd mid-semester report (30%), and 4000wd essay (60%)

Additional information
This unit satisfies the Jurisprudence/Part 3 requirement of the JD.




Faculty: Sydney Law School

Semester 2

24 Aug 2020

Department/School: Law
Study Mode: Normal (lecture/lab/tutorial) day
Census Date: 28 Sep 2020
Unit of study level: Postgraduate
Credit points: 6.0
EFTSL: 0.125
Available for study abroad and exchange: Yes
Faculty/department permission required? Yes
More details
Unit of Study coordinator: Dr Michael Sevel
HECS Band: 3
Courses that offer this unit

Non-award/non-degree study If you wish to undertake one or more units of study (subjects) for your own interest but not towards a degree, you may enrol in single units as a non-award student. Cross-institutional study If you are from another Australian tertiary institution you may be permitted to undertake cross-institutional study in one or more units of study at the University of Sydney.

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