This subject is concerned with the nature of rights and the relationship they have to law, ethics and morality. The first part of the subject looks at some traditional issues in jurisprudence and the philosophy of law, including the dependency (if any) of the law on morality and the relationship. The second part of the subject focuses on a specific approach (legal positivism) to the philosophy of rights, and on the legal and political institutions associated with them.
School of Humanities and Social Sciences
1. INTRODUCTION: MORALITY AND THE RULE OF LAW Key issues in Philosophy of Law introduced: moralism, legal and ethical obligations and concepts of law. 2. NATURAL LAW VS POSITIVISM PART I Natural Law and Legal Positivist traditions introduced, with emphasis on Hart's positivism. 3. NATURAL LAW VS POSITIVISM PART II Natural Law theory and responses to Hart's positivism. 4. NATURAL LAW VS POSITIVISM PART III Ronald Dworkin's Interpretive theory in the context of the Natural Law/Positivism distinction. 5. OBLIGATION AND DISOBEDIENCE The moral force of law, with contemporary writings on what happens when laws appear to conflict with principles of justice. 6. THE IMPORTANCE OF RIGHTS Introducing the relevance of rights discourse in law and ethics and initial concerns about it. 7.QUESTIONS ABOUT RIGHTS Asking what rights there might be, who might have them, and why. 8.LEGAL RIGHTS AND DEMOCRACY How democratic institutions and rights protect and complement each other. 9.SPHERES OF RIGHTS The universality of human rights, and their extension beyond national boundaries. 10. FREEDOM OF SPEECH The right to freedom of speech, with pornography as a case study. 11. ECONOMIC RIGHTS The right to a means of survival, with global poverty as a case example. 12.SELF-DETERMINATION The right to autonomy in decision-making, for individuals and groups.
The following table summarises the assessment tasks for the online offering of PHL502 in Session 2 2019. Please note this is a guide only. Assessment tasks are regularly updated and can also differ to suit the mode of study (online or on campus).
The information contained in the CSU Handbook was accurate at the date of publication: July 2020. The University reserves the right to vary the information at any time without notice.