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Unit of study_
LAWS3495: The Rule of Law and its Value
2024 unit information
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.
Unit details and rules
Managing faculty or University school:
Law
| Code | LAWS3495 |
|---|---|
| Academic unit | Law |
| Credit points | 6 |
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Prerequisites:
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None |
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Corequisites:
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None |
| Prohibitions:
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LAWS5195 |
| Assumed knowledge:
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None |
At the completion of this unit, you should be able to:
- LO1. systematically address the questions of what the rule of law is, if and why the rule of law is valuable, and its role in contemporary political discourse
- LO2. acquire a working understanding of the various jurisprudential theories of the rule of law
- LO3. assess the practical significance and consequences of those theories in modern politics
Unit availability
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Modes of attendance (MoA)
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Important enrolment information
Departmental permission requirements
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