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Course description

This course will examine in depth how lawyers and judges use law to reach conclusions, with the aim of demystifying legal reasoning. Students will examine different theories of legal reasoning including the classic work of Karl Llewellyn, a leading exponent of legal realism, and the more recent exploration by Larry Alexander and Emily Sherwin. Students will also examine Ronald Dworkin's theory that there is `one right answer' to every case that comes before a judge. These different theories will be considered through an analysis of various decisions of the High Court of Australia. This course requires students to have a common law background.

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