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Unit of study_

Precedent, Interpretation and Probability - LAWS6836

Year - 2020

The unit will examine a number of contemporary debates regarding the nature of legal reasoning. The unit will examine the status of the modern doctrine of precedent and the current state of the Hart/Dworkin/Fish debate in regard to the nature of precedential reasoning. The unit will examine contemporary semantic theory and philosophy of language, and the contribution those fields can make to a proper understanding of the interpretation of legal texts. The unit will also examine the relationship between legal reasoning and moral reasoning and the new legal positivism of writers such as Goldsworthy and Shapiro. In a final segment, the unit will examine legal reasoning in regard to matters of fact, and the current debate as to whether legal fact finding can be modelled using Bayes' theorem and probability theory.

1x2-hr lecture/week

structured class presentation (20%) and 7000wd essay (80%)

Additional information
Academic Profile The unit is also available on a Continuing Professional Development basis


Faculty: Sydney Law School

Semester 2

24 Aug 2020

Department/School: Law
Study Mode: Normal (lecture/lab/tutorial) evening
Census Date: 28 Sep 2020
Unit of study level: Postgraduate
Credit points: 6.0
EFTSL: 0.125
Available for study abroad and exchange: No
Faculty/department permission required? No
More details
Unit of Study coordinator: Adj Prof Christopher Birch
HECS Band: 3
Courses that offer this unit

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