TE PIRINGA FACULTY OF LAW
LAWS421-12B Applied Legal Theory 2012 Outline
1. Identification of Paper
Paper: LAWS421-12B
This paper carries 10 points
2. Staffing
Gay Morgan Phone: 838 4466 x6600
(Convenor) Room: LAW.G.17
email:
availability: Wednesdays 2-4 , by appointment, or by knocking
3. Description and Structure of Paper
(a) Description of the paper in University Calendar
A theoretical exploration & analysis of topical issues in law. This year the course will consider the concept of deception and consider how and when law deceives, and possible theoretical justifications for legal deception.
(b) Structure of the Paper
This is a semester paper. The teaching component comprises a two hour seminar once a week.
Lecture and stream timetable and rooms
The lecture hours are:
Wednesday: 11am - 1 pm
Law G.04
(c) Attendance
Te Piringa Faculty of Law places great emphasis on providing students with opportunities for high achievement in law papers. Attendance is therefore required for satisfactory completion of the paper. An understanding of topics and materials discussed in seminars is essential for success in the assessments.
4. Learning outcomes
A student who has successfully completed this paper will have engaged in an in-depth exploration of the jurisprudential arguments/issues/theories around legal deceptions. The student will have developed familiarity with the various schools and methods of jurisprudential and moral thought. The student will have strengthened their expertise in the area of legal theory -- currently most theory is presented early on in the students’ academic career and at a very basic level. The student will have built on the basic skills of theoretical analysis of legal and moral issues gained in Jurisprudence. That student will have gained an academic and professional advantage, and developed the tools to recognise and to assess the moral issues presented by laws and procedures in an independent and critical manner. S/he will have enhanced their abilities as future lawyers and public policy makers to analyse controversial moral/legal issues in a reasoned manner and from pluralistic normative perspectives. The successful student will have developed their ability to construct theoretically sophisticated, sound, and persuasive positions on controversial moral and legal issues.
What specific attributes would be acquired by students who complete this paper?
This course will allow students with an interest in jurisprudence to develop their jurisprudential skills and knowledge of theory in a supervised manner -- it will also enhance the sophistication and depth of theoretical and policy analysis they may apply to their black letter law courses and to the issues facing them in their careers as lawyers and policy makers. Because of the breadth of practical material which must be covered in black letter law courses, the course will broaden, deepen, and extend student’s analytical skills. This course will be particularly useful to those students considering careers involving policy analysis, appellate advocacy or who are considering graduate study.
5. Workload
Students should expect to spend 100 hours in total on this paper. In addition to lecture attendance, significant time will need to be spent on background and complementary reading. Students should allow for periods of more-focused research time in the preparation of assignments.
6. Required and Recommended Reading
All law students are required to purchase, for use in all law papers, a copy of McLay, Murray & Orpin, New Zealand Law Style Guide, Thomson Reuters (2009). This is available from Bennetts, at an approximate price of $18.90.
These are on desk reserve:
Fuller, R Legal Fictions (1967)
Bok, S Secrets: On the Ethics of Concealment and Revelation (1989)
Bok, S Lying: Moral Choice in Public and Private Life (1989)
Scheppele, KL Legal Secrets: Equality and Efficiency in the Common Law (1988)
Jon Hesk Deception and Democracy in Classical Athens (2000)
Nyberg, D The Varnished Truth: Truth telling and Deceiving in Ordinary Life (1993)
Campbell, J The Liar’s Tale: A History of Falsehood (2001)
Blackburn, S Truth: A Guide (2005).
Lakoff, G & Johnson, M Metaphors We Live By (1980).
Further material may be provided on the paper site on Moodle (http://elearn.waikato.ac.nz) the University of Waikato’s online learning system. Any such material is provided on the following terms:
Further material may be provided on the paper site on Moodle (http://elearn.waikato.ac.nz), the University of Waikato’s online learning system. Any such material is provided on the following terms:
University of Waikato owns the intellectual property rights, including copyright, in and to this site, or has acquired the necessary licenses to display the material on the site. As a student of the Te Piringa Faculty of Law, you are granted a limited license to use (access, display or print a single copy) the material from the papers in which you are enrolled for the purposes of participating in the paper only, provided the information is not modified. Materials may not under any circumstances be copied, stored, distributed or provided in any form or method whatsoever to any third party. Any other use of the material is prohibited. None of the material may be otherwise reproduced, reformatted, republished or re-disseminated in any manner or form without the prior written consent of University of Waikato. To obtain such consent, please contact the Te Piringa Faculty of Law.
7. Online support
Online support for this paper is provided via Moodle.
8. Assessment
a) Requirements for assessed work
School procedures for the presentation of course work are set out in the Te Piringa Faculty of Law Undergraduate Handbook which is available from http://www.waikato.ac.nz/law/undergraduate. See also paragraph 11 on referencing guidelines and plagiarism.
Assignment resources are available online at http://www.waikato.ac.nz/law/student/
b) Coursework: Final Examination Ratio: 1/1
c) Assessment Components
Component Percentage of overall mark Due date
3 Discussion Papers 5% each or 15% total The Monday before relevant Class
Research Paper Proposal Up to 10% (see below) 16 April
Essay 75% or 85% (see below) 11 June
An essay, of between 4000 and 6000 words in length, on a topic to be agreed upon between student and lecturer, concerning the concept of deception and analyzing a particular instance or example of institutionalized legal deception, must be handed into the School Resource Room by the beginning of study week, 11 June. The mark awarded for this essay will constitute at least 75% of the final result
A 4 page proposal must be submitted by the 16 April, which will receive a provisional mark. If the student’s mark comes down on the essay, the proposal mark will be factored in with a weighting essay 75%/proposal mark 10% of the final mark. If the essay mark is the same or better than the proposal mark, the essay mark will carry the full 85% weight of the final mark.
The purpose of the essay is to demonstrate the student’s facility with theoretical concepts and an ability to use them in analysis and critique of current legal issues and/or in pursuit of reform. The student’s research skills will also be further honed in the development of their chosen topic and its analysis.
3 short discussion papers, of at least one page in length, engaging with the readings for the week, are to be posted on Moodle, at the discussion site for the week, on the Monday before the relevant class considering those readings. These papers will constitute 15% of the final result (5% each). The discussion papers will be marked on the basis of good faith and thoughtful engagement with the relevant reading.
The Law School places great emphasis on providing students with opportunities for high achievement in law papers. Seminars allow students to learn effectively in small groups and attendance at the weekly seminars is an important element of the paper. An understanding of topics and materials discussed in the seminars will be very helpful to the student’s success in the paper.
d) Handing in, marking time and collection
All assignments must be submitted electronically through Moodle (http://elearn.waikato.ac.nz). See Te Piringa Faculty of Law Undergraduate Handbook, available at http://www.waikato.ac.nz/law/undergraduate. It is the policy of Te Piringa Faculty of Law to return marked work to students within five weeks of submission.
If you require assistance with Moodle, or encounter any problems, please contact the Help Desk. You can send a message to Help Desk by using the instant message service in your paper (from the participants list within the People block). Alternatively, you can email them directly at or call 838 4008.
e) Measurement of Achievement
Achievement in examinations and tests will be measured primarily in terms of levels of understanding and knowledge gained. Achievement in assignments will be measured also in terms of fluency and accuracy of expression and referencing.
f) Management of assessment deadlines, process for requesting extensions and special consideration, and for appeals
(i) Extensions
Students are required to complete and submit all internal assessment by specified dates. The meeting of deadlines is a mark of professionalism and its enforcement is essential for fairness to all students taking the paper. Handing in course work on or before the due in date also facilitates the timely return of marked work by academic staff. Students should meet requirements as to time deadlines for course work, or make a request for an extension or special consideration in appropriate circumstances (see Undergraduate Programmes Manual available from the School of Law Undergraduate website http://www.waikato.ac.nz/law/undergraduate/). Failure to comply with requirements as to the time deadlines for internal assessment without having successfully applied either for an extension or special consideration with supporting evidence before the due date will result in deduction of 2.5 marks for each day the work is late. Lateness of more than a week may result in the work not being marked. No deadlines may be extended beyond two weeks after the last teaching day of the semester(s) in which the paper is taught as final grades must go to the Board of Examiners at this time. Unless an extension in writing has been granted, a lecturer may refuse to accept a piece of work which is submitted after the specified date, and automatically award it no mark, or may lower the mark as a penalty for lateness.
Applications for extension, on the form obtainable from the Resource Room, must be submitted to the Chief Examiner or nominee. Students should not submit the extension form to the lecturer, nor should students seek extensions from the lecturer via other forms of communication. Extensions will be granted only on evidence of illness, family bereavement, or serious personal accidents or circumstances. Please note that too many assignments due at the same time is NOT an acceptable reason, neither are claims that computers and/or printers have crashed. Account will be taken of the time in which the student has had to complete the internal assessment before the supervening event occurred. It will be important to consider if the grant of the extension will give the student in question an unfair advantage over other students. A maximum period of 14 days will be given as an extension unless there are exceptional circumstances. In determining applications the Chief Examiner or nominee may consult with the Convenor or lecturer of the relevant paper.
When the Chief Examiner or nominee has made a decision on the application for extension, the Resource Room Administrative Assistant will advise the student of the decision by email. Following this, the extension form will be given to the relevant lecturer who will retain it until after the assignment is marked and returned to students. The form will then be placed on the student’s file. It should be noted that if an extension of longer than 14 days is granted, the assignment will not be automatically printed out and delivered to the lecturer, therefore the lecturer is responsible for ensuring the assignment is printed. In appropriate cases, when a student’s application for extension is declined the Chief Examiner or nominee will inform the student of the process for applying for special consideration.
ii) Special Consideration
The Assessment Regulations 2005 as set out in the University Calendar 2012 list in detail the university-wide policies and procedures, which apply concerning missed examinations, impaired performance or impaired preparation time for an examination, and missed or impaired course work. Students are responsible for ensuring that they comply with these regulations. Application forms for special consideration for internal assessment are available from the Resource Room.
iii) Appeals (University Calendar 2012, Assessment Regulations 2005, Reg. 24)
A student may appeal against any decision taken under these regulations.
An appeal, comprising a written statement of the circumstances of the appeal, together with supporting evidence if available, must be submitted by the student in writing to the Head of Student & Academic Services not more than seven days after the date on which notification of the relevant decision is received.
Appeals under this section are considered and decided by the Deputy Vice-Chancellor by delegated authority of the Academic Programmes Committee.
A decision by the Deputy Vice-Chancellor is notified in writing, and is final.
9. University Calendar Regulations and Policies
Your attention is drawn to the following regulations and policies, which are published in the University Calendar 2012:
Assessment Regulations 2005
Student Discipline Regulations 2008
Computer Systems Regulations 2005
Policy on the Use of Māori for Assessment
Student Research Regulations 2008
Ethical Conduct in Human Research and Related Activities Regulations 2008.
10. Links to other papers
Jurisprudence is a pre-requisite for Applied Legal Theory.
11. Fees
Refer to http://calendar.waikato.ac.nz/admission/tableoffeesandcharges.html.
12. Referencing guidelines and caution against plagiarism
(a) Referencing must be in accordance with the New Zealand Law Style Guide.
(b) All written work submitted for the purposes of assessment must be your own work. Copying or paraphrasing all or part of another person’s work, be it published or unpublished, without clear attribution, is plagiarism. Plagiarism is misconduct and is dealt with under the disciplinary procedures of the University as outlined in the Student Discipline Regulations 2008 in the University Calendar.