Assessment 2 Overview

Relationship to other tasks and assessments

This assessment allows you to engage in depth with legal theory. In class we take a global or overall perspective on jurisprudence or legal theory, but in your theoretical research essay you have the opportunity to explore any theoretical schools or theories in more depth. Research into natural law or legal positivism, or if you wish into non-mainstream schools, and use the ideas and knowledge you develop to answer one of the essay questions listed below. The research paper will facilitate your development of legal research skills, ability to engage in jurisprudential analysis, and capacity to write clear and persuasive legal arguments in an essay format.

Purpose of this assignment and ULOs assessed

The purpose of this assignment is to:

1. Assess students’ understanding of, and critical analysis skills in relation to, mainstream and alternative approaches to legal theory.
2. Provide students with an opportunity to develop their legal research and writing skills.
3. Provide students with an opportunity to explore particular schools or theories within jurisprudence.

The unit learning outcomes assessed are

LO1. Critique leading legal theories (especially in the western legal tradition), justify their relevance to our society and contextualise the law’s connection with cognate disciplines;

LO2. Analyse the theoretical underpinnings of law and legal systems already studied and map the theoretical basis of future legal study and practice;

LO3. Identify, research and synthesise theoretical knowledge and apply legal theory to justify arguments on the theoretical and normative character of law;

Details

Theoretical Research Essay Question

Choose one of the following research questions:

1. "Natural law theory has lost significance in contemporary Australian legal interpretation and practice." Critically evaluate this statement with reference to one or more natural law or other theorists. 
2. "Legal positivism has profoundly influenced modern Australian law, embedding clarity and certainty within the legal system, yet arguably at the cost of moral reasoning." Critically evaluate this claim with reference to one or more legal positivist or other theorists. 
3. "The modern Australian legal system incorporates both positivist and realist approaches, yet tensions between the two remain unresolved." Discuss this statement with reference to at least one legal theorist. In your answer, consider how these theoretical frameworks coexist and impact modern Australian jurisprudence. 

Instructions

Your essay must focus upon, and directly respond to, the essay question. Your essay must use clear and intelligible written expression, advance a recognisable central argument or set of arguments, conform broadly to standard essay format, demonstrate independent research on your selected schools or theories, and provide referencing and a reference list in compliance with the Australian Guide to Legal Citation.

Task description

• Read over the research question provided above. Then, by the end of the first week of class, choose your preferred research question and begin preliminary research and essay planning.
• In this assignment, you will rely primarily on your own initiative to complete the essay. However, there are many resources at your disposal, including the Library, student services, your LLW1004 teacher, and your fellow students via discussion boards on VU Collaborate. Remember that we will have a workshop on secondary research and essay writing in a Week 1 workshop.
• Ensure you have submitted your research paper to the correct dropbox by 11.59pm on the Monday of Week 3.

Process

Please note and follow the process steps below:

1. Read through and consider the theoretical research essay questions.
2. Choose a research question.
3. Conduct preliminary research on your research question and plan your arguments and essay structure.
   1. Remember to answer your research question – what does it ask? Does your response directly address the issue(s) raised in the question?
   2. Remember that essays typically require an introduction stating your argument and how your essay will develop it, an essay body comprised of coherent paragraphs that logically progress your main points, and a conclusion that summarizes your essay’s main points and their link to the research question.
4. Begin writing your essay, remembering to reference the factual and legal claims you make, and the work or words of others that you use of refer to.
   1. Remember to double check whether your argument directly responds to the research question, whether you have a clear and effective introduction, essay body and conclusion, and whether you have referenced your factual, legal and paraphrased or quoted information.
5. Complete and submit your research paper to the correct dropbox by 11.59pm on the Monday of Week 3.

Assessment criteria

Your research essay will demonstrate:

1. Understanding of selected legal theory accurate legal knowledge
2. Clarity, relevance and support of argument
3. Extent of independent research
4. Conformity with AGLC4
5. Writing and essay structure.

Your assessment rubric is available via a link in the Assessment Information section of the unit’s Learning Space on VU Collaborate.

When you receive feedback on your research paper, you will receive a raw mark out of 100 in the dropbox as well as a mark out of 40 in the gradebook that reflects the 40% weighting of this assignment in the unit overall. You will also receive detailed feedback in the form of a completed assessment rubric and general comments that provide an overview of how effectively you have responded to the assessment criteria. 

Summary of Assessment Requirements

This assessment requires students to produce a theoretical research essay exploring a key school of jurisprudence (e.g., natural law, legal positivism, or realism) in the context of the Australian legal system. The main requirements include:

• Choosing one research question from the given options (focused on natural law, legal positivism, or a combination of theoretical frameworks).
• Critically evaluating the selected statement with reference to at least one theorist.
• Engaging with legal theory to show depth of understanding beyond surface-level commentary.
• Developing a clear central argument supported by independent research and persuasive legal reasoning.
• Structuring the essay with a proper introduction, coherent body paragraphs, and conclusion.
• Using correct referencing and a bibliography in compliance with AGLC4.
• Submitting on time to the correct dropbox by Week 3.

The essay is worth 40% of the overall unit grade and assesses the following learning outcomes:

1. Critique leading legal theories and contextualise their relevance.
2. Analyse theoretical underpinnings of law and map their role in legal study and practice.
3. Apply legal theory to justify arguments about the character of law.

Academic Mentor’s Step-by-Step Guidance

The academic mentor approached the task by guiding the student through a structured process:

1. Understanding the Task
   The mentor first explained the assessment’s purpose: to deepen understanding of jurisprudence while practicing legal research and essay writing. The student was encouraged to carefully read each question to see which best aligned with their interest and prior knowledge.

2. Choosing the Research Question
   Together, mentor and student reviewed the three essay options. After discussing the student’s strengths and interests, the mentor helped them select the question on legal positivism’s influence on Australian law as it provided scope to explore clarity, certainty, and moral reasoning debates.

3. Conducting Preliminary Research
   The mentor guided the student to start with foundational texts on positivism (e.g., Hart, Austin) and then branch out to journal articles and case commentary linking positivism to Australian jurisprudence. Library databases and reliable legal journals were recommended.

4. Planning the Essay Structure
   The mentor explained the importance of a central thesis statement and outlined a structure:
   • Introduction: Present the claim, thesis, and essay roadmap.
   • Body paragraphs: Thematic sections on (a) positivism’s strengths in legal certainty, (b) critiques regarding morality, (c) comparison with natural law perspectives, and (d) relevance to Australian case law and legislation.
   • Conclusion: Summarise arguments and reaffirm the position.

5. Drafting and Argument Development
   The mentor encouraged the student to build arguments progressively, ensuring each paragraph linked back to the research question. Guidance was provided on integrating theorist views (e.g., Hart’s rule of recognition, Fuller’s critique) with contemporary Australian examples.

6. Referencing and Academic Integrity
   The student was reminded of AGLC4 requirements. The mentor demonstrated how to cite primary sources (cases, legislation) and secondary sources (books, journals) correctly. The importance of avoiding plagiarism and ensuring originality was reinforced.

7. Review and Refinement
   The mentor guided the student in reviewing the draft against the rubric: checking clarity of argument, logical flow, and critical evaluation. Feedback focused on tightening the thesis, improving paragraph transitions, and strengthening counter-arguments.

Outcome and Learning Objectives Achieved

Through this structured process, the student successfully produced a well-researched, critically reasoned essay that:

• Directly responded to the selected question.
• Demonstrated deep engagement with legal positivism and its critiques.
• Showed ability to apply legal theory to real-world Australian legal practice.
• Applied correct essay structure and referencing style.

In terms of learning objectives, the student:

• Critiqued a leading legal theory (LO1).
• Analysed the underpinning philosophy of Australian law (LO2).
• Applied and synthesised theoretical knowledge to justify a persuasive legal argument (LO3).

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