Why does it matter that jurisprudence has a history? Please answer this question with a critical argument focusing on the evolvement of the concept of law.

So far in our course we examined the concept of law in Anglo-American jurisprudence by historicizing ‘timeless’ debates like the concept of law, the rule of law, the relationship of law and morality, etc. We have seen how jurisprudence developed out of and in response to particular contemporary challenges of British imperial rule and its aftermath. The aim of the course was a kind of worldmaking: to transform our understanding of jurisprudence from its self-understanding as an abstract philosophical activity unconnected to actual legal problems to a new understanding as a necessarily political activity concerned to shape our comprehension of and action towards the rule of others through law.

In short, jurisprudence has a history and it is one deeply grounded in imperial rule and its postcolonial legacies. It is important to add that we are not interested in whether this is morally good or bad. Instead, we want to understand how this history helps us better understand what we can do with jurisprudence today.

The final assignment, a Research Essay, will evaluate your knowledge of this course and its application. It is also a chance to show your capacity to do independent research using secondary sources to support your argument.

 

Research Essay Question

Please answer the following question in your essay:

Why does it matter that jurisprudence has a history? Please answer this question with a critical argument focusing on

1. i) one of the themes in this course (the concept of law)
2. ii) with reference to the legal writings of one or more of the main legal theorists covered in this course.

 

Research Essay Requirements and Marking Matrix

This essay should demonstrate critical engagement with a relevant topic based on independent research. Students must answer the question above. If you have any question about the essay, please post your question on the Canvas discussion board for me to answer.

• Your essay must be submitted by 3pm (AEST) on Friday, 4 June 2020.

 

How to Write the Research Essay

For the Research Essay, I want you to historicise particular debates or texts to better understand their key arguments: Why did a theorist make his or her intervention? What was their target? How did they use or misuse existing forms of argumentation? How did they change the discourse of jurisprudence? Remember, too, that this must be in the form of an argument. So, the Research Essay should argue how we can better understand a certain text or debate by historicising it. Then you have to argue for that historicised reading.

The Research Essay should demonstrate research beyond the course and its prescribed readings. I have given you a start with the Recommended Readings. So please use these as a starting point for your own research. Since some of these readings are only available in person at University libraries, I would recommend those living outside Sydney to use these sources as starting points to search online databases (like Heinonline or JSTOR) using their authors and titles as keywords.

General advice

Here is some general advice for the Research Essay.

1. Introduction and Conclusion: each essay should have start and end with a summary of your argument
2. Headings: please use headings to divide your essay into its logical components. Think of these as the building blocks of your argument: the reader should be able to read just the headings and have a good sense of your main argument.
3. Paragraphs: each paragraph should contain only one idea or argument. When editing your essay, be aware for paragraphs that seem very long or very short since these usually contain too much or too little.
4. Arguments: there are many ways to make an argument. In general, you should make your claim and then support it with reasons and/or examples to support your claim. Finish with a concluding sentence that reiterates your claim.
5. Quotations: strong essays will support their claims with pithy quotes from primary or secondary sources. Please do not include very long quotes. Instead, say it in your own words.
6. Citation: please make sure you cite your essays accurately according to the Australian Guide to Legal Citation, 4^thSo your footnotes should look different from your bibliography. Also, no need to repeat the full citation after the first footnoting.

Good luck!

I know many of you have never study history or philosophy before. Don’t let that stop you. In this course we have read many jurisprudence of different style and temperament. Use these as your inspiration and models for your essay. Remember to make a specific, focused argument: better to say something simple well than something complicated poorly.

Best wishes,

Coel