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Unit of study_

LAWS3500: Law, Morals and Politics

Semester 2, 2022 [Normal day] - Camperdown/Darlington, Sydney

This unit reflects on the ways in which law, morals and politics are thought of within our tradition and in particular the connections and the tensions between legal positivism, Kantianism and liberalism.

Unit details and rules

Unit code LAWS3500
Academic unit Law
Credit points 6
Prohibitions
? 
LAWS5200
Prerequisites
? 
None
Corequisites
? 
None
Assumed knowledge
? 

None

Available to study abroad and exchange students

Yes

Teaching staff

Coordinator Arthur Glass, arthur.glass1@sydney.edu.au
Type Description Weight Due Length
Assignment hurdle task Mid-semester assignment
Short essay
30% Week 05
Due date: 02 Sep 2022 at 23:59

Closing date: 16 Sep 2022
1500 words/3 weeks
Outcomes assessed: LO1 LO2 LO3
Assignment hurdle task Final essay
Final essay
70% Week 13
Due date: 04 Nov 2022 at 23:59

Closing date: 18 Nov 2022
4500 words/9 weeks
Outcomes assessed: LO1 LO2 LO3
hurdle task = hurdle task ?

Assessment summary

  1. Mid semester assignment (30%) 1500 words.

Questions will be given out on 15 August 2022 and will be available on Canvas. The questions are tied specifically to the material discussed in class from Weeks 1-4 and are designed to elicit a reflective and critical response to this material.

The mid-semester assignment is due at 11.59pm on 2 September 2022.

  1. Final essay (70%) 4500 words.

Essay questions will be issued in Week 5 and student choose one out of six possible essays. These are research essays specific to the unit of study content. They call for a critical understanding of specific topics discussed in the unit now taken to a deeper level via research.

The final essay is due at 11.59pm on 4 November 2022.

Word count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude: bibliography; footnote numbers; footnote citation; cover page and include: body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.

PLEASE NOTE: A student must make a genuine attempt at all assessment tasks in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

  • Completely answers the question.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research (where independent research required).
  • Exceptionally well written, structured and expressed.
  • Is otherwise exceptional in some way.

Distinction

75 - 84

  • Completely answers the question.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research and analysis to support a well-documented argument.
  • Generally well expressed and free from errors.
  • Has a clear structure and is well articulated.

Credit

65 - 74

  • Covers main issues fairly well in answering the question.
  • Contains no significant errors.
  • Demonstrates an attempted critical approach to the issues.
  • Demonstrates reasonably sound research and analysis in addressing the key issues.
  • Has a clear structure and reasonably clear expression.

Pass

50 - 64

  • Identifies the key issues, but does not follow through with a reasoned argument.
  • Contains some significant errors.
  • Displays satisfactory engagement with the key issues.
  • Offers a descriptive summary of material relevant to the question.
  • Superficial use of material, and may display a tendency to paraphrase.
  • Demonstrates little evidence of in-depth research or analysis.
  • Adequate expression.
  • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.

Fail

0 - 49

  • Does not answer the question.
  • Contains significant or numerous errors.
  • Few or no identifiable arguments.
  • Content that is inappropriate or irrelevant.
  • Lack of research or analysis.
  • Difficult or impossible to understand through poor grammar, expression or structure.
  • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof.

Academic integrity

The Current Student website  provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.  

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

You may only use artificial intelligence and writing assistance tools in assessment tasks if you are permitted to by your unit coordinator, and if you do use them, you must also acknowledge this in your work, either in a footnote or an acknowledgement section.

Studiosity is permitted for postgraduate units unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

WK Topic Learning activity Learning outcomes
Week 01 1. Legal positivism and Modernity (Weber); 2 Early Legal Positivism: Austin and Holmes Seminar (4 hr) LO1 LO2 LO3
Week 02 1. Separation of law and morals; 2. Concept of law Seminar (4 hr) LO1 LO2 LO3
Week 03 1. Critics of this account of positivism; 2. Natural law approach Seminar (4 hr) LO1 LO2 LO3
Week 04 1. The truth of positivism; 2. Legal decision-making Seminar (4 hr) LO1 LO2 LO3
Week 05 1. Kant on Morality; 2. Kant on Law Seminar (4 hr) LO1 LO2 LO3
Week 07 1. Hegel’s synthesis of law, morals, and politics; 2. Liberalism Seminar (4 hr) LO1 LO2 LO3
Week 08 1. Marx’s critique of liberalism; 2. Habermas on Practical reason and law Seminar (4 hr) LO1 LO2 LO3
Week 10 1. Democracy and the rule of law (Habermas); 2. The feminist critique of the rule of law (MacKinnon ) Seminar (4 hr) LO1 LO2 LO3
Week 11 1. The feminist critique cont. (Gilligan); 2 The feminist critique cont. (Cornell) Seminar (4 hr) LO1 LO2 LO3
Week 12 1. The deconstructive critique of liberalism and the rule of law (Derrida); 2. The genealogical critique (Foucault). Seminar (4 hr) LO1 LO2 LO3

Attendance and class requirements

  • Attendance: All students are required to attend 70% of classes to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from sitting the final assessment, and being discontinued from the unit of study, resulting in an Absent Fail or Discontinue-Fail grade.
  • Referencing guide: The Sydney Law School expects you to use the most recent version of the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the website where this is set out comprehensively is available at About the Australian Guide to Legal Citation (AGLC).




 

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

Please refer to the Reading List in Canvas for prescribed readings for each topic.

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. demonstrate understanding of legal positivism, Kantianism and liberalism and their interconnections and critiques.
  • LO2. analyse legal positivism, Kantianism and liberalism and their interconnections and critiques.
  • LO3. communicate effectively in writing about legal positivism, Kantianism and liberalism and their interconnections and critiques.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

Some topics and materials have been changed and new topics and materials have been introduced.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.