LAWS6836 - Precedent, Interpretation & Probability

Objectives

• Examine problems in contemporary legal philosophy with particular emphasis on the way they bear on legal reasoning in current Australian judicial decision-making.
• Explore the application of precedent and the interpretation of statutes, constitutions and other texts.
• Examine current theories of legal reasoning to determine whether they properly constrain judicial decision-making.

Content

Ideas of contemporary defenders of common law reasoning such as Ronald Dworkin and Cass Sunstein contrasted with sceptics such as Stanley Fish; the debate concerning the application of mathematical probability theory to reasoning about fact; the philosophical debates regarding the nature of reasoning about issues of fact.

Session

Semester 1 2009
Tuesday Evenings, 6-8pm

The timetable is subject to frequent changes. Please refer to the latest version of the Postgraduate Timetable.

Assessment

• 1 x 7,500 Word Essay (100%) or
• 1 x Class Presentation (30%) & 1 x 5,000 Word Essay (70%)

Courses this unit is available in

Master of Laws | Graduate Diploma in Law | Master of Jurisprudence | Graduate Diploma in Juriprudence