Overview

This course seeks to understand the nature of law and justice and, in particular, the relationship between the two in contemporary society. It begins by exploring the question “what is justice”? Since this is an enduring philosophical question, posed differently at different times, it will be approached historically. We examine … For more content click the Read More button below. Main Topics Introduction the problem of Law and Justice via an examination of Plato’s RepublicAristotle’s theory of justice and its legacy (corrective and distributive justice; questions of justice requiring good judgment)From theories of law and justice conceived in terms of natural law to natural rights and social contract theory (Aquinas, Hobbes, Locke and Kant and Rawls)Non-contractualist theories of law and justice: Hume, the Utilitarians and particularly HegelLegal justice and justice as interpretation; Dworkin, and GadamerMarx’s critique of all prevailing conceptions of legal rights, the rule of law and justiceJustice in a pluralist society; the just (secular) state; the just multicultural state and Global justiceThe contemporary Frankfurt School’s theories of law and justice in terms of theories of discourse and recognition.Feminism, the ethic or care and the critique of legal justiceThe post-structuralist deconstruction of law and justice

Conditions for Enrolment

Prerequisite: Completion of 78 UOC in LAWS courses.

Delivery

In-person - Standard (usually weekly or fortnightly)

Course Outline

To access course outline please visit below link (Please note that access to UNSW Canberra course outlines requires VPN):

Fees

Pre-2019 Handbook Editions

Access past handbook editions (2018 and prior)