units

LAW7647

Faculty of Law

Postgraduate - Unit

This unit entry is for students who completed this unit in 2013 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

print version

6 points, SCA Band 3, 0.125 EFTSL

To find units available for enrolment in the current year, you must make sure you use the indexes and browse unit tool in the current edition of the Handbook.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2013

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Synopsis

This unit begins with a detailed discussion of several well-known cases from the common law of Contract. The goal is to notice the gaps between the rules and the ultimate decisions. The course continues with a discussion of Max Weber's classical statement of how legal questions are decided in the civil law and his suggestion that adjudication in the common law is irrational. The unit then attempts to respond to Weber's challenge by focusing on the classical discussion of this question by some of the great theorists of the common law, together with contemporary writers who contribute to the same discussion. Students will read and discuss chapters by several writers, including Blackstone, Holmes, Maitland, Cardozo, Llewellyn, Hart and Sachs, Gilmore, Posner, Unger, Frug, Williams, and Fisher. Emphasis will be on discussionboth the discussion among the theorists themselves and our own discussion with the competing traditions that we discover in the reading.

Outcomes

On completion of this unit, a student should be able to:

  • understand the civil law critique of how cases are decided at common law;
  • notice when there are gaps between the announced rules and the case results;
  • understand the different conceptions of case adjudication elaborated by the great thinkers of the common law;
  • use the differing conceptions productively when making legal argument; and
  • elaborate an original theory of how cases should be decided.

Assessment

2 research papers (3,750 words each) or 1 research paper (7,500 words).

Chief examiner(s)

Contact hours

Students will be required to attend 36 hours of seminars, and undertake approximately an additional 108 hours of private study, including reading, class preparation, assignment preparation and revision time over the duration of the course.