TE PIRINGA FACULTY OF LAW
LAWS566 Legal Theory: Exploring Law’s Dark Side
2015 Outline
1.
Identification of Paper
Paper: LAWS566
This paper carries 30 points.
2.
Staffing
Gay Morgan
(Convenor)
Phone:
Room:
email:
Office Hours:
838 4466 x6600
Law G.17
morgan@waikato.ac.nz
Thursday, 2-4pm or by appointment
3.
Description and Structure of Paper
(a) Description of the paper in University Calendar
This paper will explore and critically analyse, from differing theoretical perspectives, law’s uses of
truth and deception to achieve its ends.
(b) Structure of the Paper
General
This is a semester paper. The teaching component comprises 24 contact hours.
Lecture and stream timetable and rooms
The lecture hours are Tuesday 2-4 in S.B.03
4.
Learning outcomes
A student who has successfully completed this paper will be able, as a lawyer or public policy
maker, to research and analyse controversial moral/legal issues in a reasoned manner and from
pluralistic normative perspectives. The student will be able to construct and to effectively
communicate theoretically sophisticated, sound, and persuasive positions on controversial moral
and legal issues. They will have developed an enhanced sophistication and depth of the
theoretical and policy analysis they may apply to the issues facing them in their careers.
Successful students will have considerably expanded their jurisprudential knowledge and skills
relevant to judging and advocacy.
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5.
Workload
Students should expect to spend 300 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 and/or presentations.
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 $24.29.
R Fuller Legal Fictions (1967)
S Bok Secrets: On the Ethics of Concealment and Revelation (1989)
S Bok Lying: Moral Choice in Public and Private Life (1989)
KL Scheppele, Legal Secrets: Equality and Efficiency in the Common Law (1988)
J Hesk Deception and Democracy in Classical Athens (2000)
D Nyberg The Varnished Truth: Truth telling and Deceiving in Ordinary Life (1993)
J Campbell The Liar’s Tale: A History of Falsehood (2001)
S Blackburn, Truth: A Guide (2005).
M Lakoff, G & Johnson, Metaphors We Live By (1980).
D Baldino (ed.) Democratic Oversight of Intelligence Services (2010) (some chapters)
Other nonbook readings will be handed out (or added!) as per the lecture schedule, as the paper
progresses. 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.
a)
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Assessment
Requirements for assessed work
School procedures for the presentation of course work are set out in the Te Piringa Faculty of Law
Graduate and Postgraduate Handbook which is available from: www.waikato.ac.nz/law/graduate.
See also paragraph 12 below on referencing guidelines and plagiarism.
An assignment template document including coversheet is available on the Law Student
Homepage www.waikato.ac.nz/law/student/.
b)
Coursework: Final Examination Ratio: 100/0
c)
Assessment Components
Component
Course Work:
Percentage of overall mark
100%
Essay:
Proposal
Presentation
Discussion papers
Prepared seminar participation
b)
Due date
75%
5%
5%
10%
5%
29 June
04 May
26 May/2 June
2 per quarter
Ongoing
Assessment Components
Essay:
An essay, of between 10,000-12,000 words in length, on a topic to be agreed upon between student
and lecturer, critically analysing some aspect of deception by, in, and through legal forums must be
submitted on Moodle by 29 June, 4pm. The essay mark counts for 75% of the final grade. The essay
will demonstrate the student’s understanding of theoretical concepts and an ability to apply them
appropriately to critically analyse a concrete problem or issue in law and to develop constructive
suggestions for possible solutions.
Proposal and presentation:
A proposal worth 5% of the mark is due in by Monday, 4 May at 4:30 pm.
The proposal will require the student to formalize and organize their thinking and research around
their topic.
Presentations of the proposed paper are scheduled for 26 May and 2 June, in class.
The presentation will enable the student to discuss their project with the class, to identify areas
needing clarification or coverage, and to receive constructive comment from other members of the
class. Students will develop their skills in cogent and effective oral presentation of their work and
considered response to oral questions/comments.
The proposal and presentation marks count for 10% of the final grade
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Prepared Participation:
Thoughtful and prepared seminar participation will constitute 5% of the final result. Students may
be asked to lead the seminar discussions around particular readings, but will be forewarned at least a
week before the relevant class.
Discussion Papers: Students are required to write 1-2 page comments on some of the readings
for two class sessions per quarter. Comments may include general reactions to the
readings, critiques, etc., and should include at least one question raised for the student by
the readings. Students will circulate these comments through a class Moodle posting at
least 24 hrs in advance of class. The four discussion papers will account for 10% of the
final grade. Students are VERY WELCOME to post more than four discussion papers of
their reactions and thoughts on the readings, but must post at least two per quarter.
Should more than the minimum be posted, students may indicate which of their
discussion papers, per quarter, they wish to be considered for marking.
d)
Handing in, marking time and collection
All assignments must be submitted electronically through Moodle (http://elearn.waikato.ac.nz),
and include a coversheet. The coversheet template is provided on the Law Student Homepage
(www.waikato.ac.nz/law/student). See Te Piringa Faculty of Law Graduate and Postgraduate
Handbook, available at www.waikato.ac.nz/law/graduate. Where practical, 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’s
Moodle site (from the participants list within the People block). Alternatively, you can email them
directly at help@waikato.ac.nz or call 838 4008.
e)
Measurement of Achievement
Achievement in assignments and presentations will be measured in terms of levels of
understanding and knowledge gained, in terms of the originality and the sophistication of analysis
provided, in terms of coherent and logical structure, and in terms of the 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 Graduate Programmes Manual available from the Faculty of Law
Graduate website www.waikato.ac.nz/law/graduate/.) 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
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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 21 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 2015 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 2015, 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 Director 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.
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University Calendar Regulations and Policies
Your attention is drawn to the following regulations and policies, which are published in the
University Calendar 2015.
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
The theories underpinning law and legal systems are linked to all legal, philosophical and social
science endeavours, as well as many in the arts, humanities and physical sciences..
11.
Fees
Refer to http://calendar.waikato.ac.nz/admission/tableoffeesandcharges.html.
12.
(a)
(b)
Referencing guidelines and caution against plagiarism
Referencing must be in accordance with the New Zealand Law Style Guide.
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.
“Plagiarism means presenting as one’s own work the work of another, and includes the copying
or paraphrasing of another person’s work in an assessment item without acknowledging it as the
other person’s work through full and accurate referencing; it applies to assessment presented
through a written, spoken, electronic, broadcasting, visual, performance or other medium.” See
section 3, Assessment Regulations (2015 Calendar)
Unless approved otherwise by the examiners of the papers concerned, a student must not submit
as assessment material that is substantially the same as material submitted as assessment for a
different paper.
(c)
The Te Piringa Faculty of Law’s policy regarding plagiarism is contained in the Te Piringa
Faculty of Law Graduate and Post-Graduate Handbook and the Te Piringa Faculty of Law
Graduate Programmes Manual, available from www.waikato.ac.nz/law/graduate/.
13.
Health and safety
The Faculty of Law’s Health and Safety representative is Ms Renee Rewi who is in Room Law G69
at ext 6727.
14.
Class representation
At the commencement of the semester, a class representative will be elected by the students in
Legal Theory. This representative is encouraged to communicate regularly with the Convenor.
Students in this paper are encouraged to liaise with their representative to discuss issues of
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concern. Contact details for the Student Representation Coordinator, Academic Services Division,
are as follows ext. 6264, email: student.reps@waikato.ac.nz
15.
Complaints procedures
The brochure Student Concerns and Complaints Policy provides details of the University’s process
for handling concerns and complaints and is available from Faculty and School Offices, The
Gateway and Student Services Division and is contained in the Calendar 2015. See also the
document Student Support Structure at Te Piringa Faculty of Law, available from the Resource
Room.
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Lecture Schedule A Semester
Week Commencing
Programme of lecture topics
These may change as seminar progresses:
2 March (Semester A Starts)
Introduction and overview.
Discussion:
Meir Dan-Cohen “Decision Rules and
Conduct Rules: On Acoustic Separation in
Criminal Law” (1984) 97 Havard Law
Review 625-677. (on Moodle)
Larry Alexander and Emily Sherwin
“Deception in Morality and Law” (2003) 22
Law and Philosophy 393 (on Moodle)
9 March
Michael S. Moore “The Semantics of
Judging” (1981) 54 Southern Cal. Law
Review 151-294.
Lon Fuller Legal Fictions (1967) Chpt 1
Lon Fuller Legal Fictions (1967) Chpt 2
16 March
Lon Fuller Legal Fictions (1967) Chpt 3.
J.M. Balkin “Deconstructive Practice &
Legal Theory” 96 Yale Law Journal 743
S. Brewer (1987) “Figuring the Law Holism
and Tropological Inference in Legal
Interpretation” ( 1988) 97 Yale Law Journal
823
J Campbell The Liar’s Tale: A History of
Falsehood (2001) (selected chptrs)
Blackburn, S Truth: A Guide (2005) (selected
chptrs).
23 March
Sissela Bok Lying: Moral Choice in Public
and Private Life (1989)
30 March (3 April Good Friday)
Bok 1, continued
Sissela Bok Secrets: On the Ethics of
Concealment and Revelation (1989)
6 April (Easter Monday & Tuesday)
Teaching Recess
13 April
Teaching Recess
20 April (25 April Anzac Day)
Bok 2, continued.
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David Nyberg The Varnished Truth: Truth
Telling and Deceiving in Ordinary Life
(1993)
27 April (27 April ANZAC Day - observed)
Nyberg continued
4 May
Kim Lane Scheppele Legal Secrets: Equality
and Efficiency in the Common Law 1988
11 May
Jon Hesk Deception and Democracy in
Classical Athens (2000)
18 May
D Baldino (ed.) Democratic Oversight of
Intelligence Services (2010) (some
chapters)
25 May
1 June (1 June Queen’s Birthday)
8 June
Study Week
15 June
Examinations
22 June
Examinations
29 June
Teaching Recess
6 July
Teaching Recess/Enrolment
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