2012
Fundamentals of the Common Law LAWS70217
Credited Courses
Graduate Diploma in Legal Studies GD-LEGSTU; Master of Banking and Finance Law 526; Master of Commercial Law 504; Master of Construction Law 195; Master of Employment and Labour Relations Law 510; Master of Health and Medical Law 507; Master of Intellectual Property Law 277; Master of Law and Development 635; Master of Private Law MC-PRIVLAW; Master of Public and International Law 511
Note
Students who are required to undertake this subject are advised to undertake it as early as possible in their course Students who have a degree in law from, or are admitted to practise in, a common law jurisdiction are not permitted to enrol in this subject except with the permission of the Associate Dean Melbourne Law Masters
About the Subject
The common law forms one of the two principal systems of Western law that, through colonisation, have spread throughout the world. The common law‘s understanding of the nature of law, its approach to the resolution of disputes and its institutions have all had a profound effect on the development not only of the societies in the countries in which it applies, but also of international law and practice. This subject introduces the common law, at an advanced level, to graduates in disciplines other than law and to law graduates of non-common law jurisdictions. Adopting a historical, comparative and jurisprudential approach, the subject studies the major rules, principles and values of the common law that are likely to enhance an understanding of the other subjects that students will undertake in the Melbourne Law Masters. The subject also aims to develop skills in legal analysis, research and writing.
Syllabus
This subject provides an examination of the history, principal legal concepts and institutions of the common law. Topics will be chosen with a view to providing a basis of knowledge and understanding for areas of law covered elsewhere in the Melbourne Law Masters.
Principal topics will include:
- Evolution of the common law, the division between law and equity, theories of law, basic concepts, values and assumptions
- Sources of law in common law systems
- Institutions and procedures of the common law
- Substantive principles of the common law
- The interpretation of statutes.
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Semester 1 Time |
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Semester 1 Time |
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Semester 1 Time |
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Lecturer Location |
Semester 2 Time |
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Lecturer Location |
Semester 2 Time |
Assessment
Intensive classes
Research assignment (100%)
- Semester 1: 24 May
- Semester 2: 25 October
Semester-length classes
Legal writing exercise (20%)
- Semester 1: 22 March
- Semester 2: 16 August
Research assignment (80%)
- Semester 1: 7 June
- Semester 2: 15 November
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