
Session 2, 2022
Assessment 1: Research Essay (Weighting: 40%)
Due date: Friday 9 September 2022 (at 23:55 Sydney time)
Unless a Special Consideration request has been submitted and approved, a 5% penalty (of the total possible mark) will be applied each day a written assessment is not submitted, up until the 7th day (including weekends). After the 7th day, a mark of ‘0’ (zero) will be awarded even if the assessment is submitted. Submission time for all written assessments is set at 11.55pm. A 1-hour grace period is provided to students who experience a technical issue.
I. Instructions
Select and answer ONE of the three essay questions listed in Section II.
This is a research essay. In developing your answer, you should engage with the course materials, but you are also free to use additional scholarly sources. Good essays will present cogent arguments in support of one’s view and discuss relevant counterarguments. Give yourself enough time to digest the readings, structure your main argument, polish your writing, and edit the document.
The word limit for the research essay is 1500 words (full name, Student ID, essay question, footnotes and bibliography are not included in the word limit). This is a strict requirement and any content over the word limit will not be marked. Exceeding the word limit could mean that all, or part of the conclusion cannot be marked – this may significantly, and negatively, impact your mark.
Please include your full name, Student ID, and the essay question you have chosen at the top of the first page. Footnotes should only be used for references and very short remarks. A bibliography must be provided at the end of the essay.
Please use Times New Roman (12-point font size, double-line spaced, for main text and bibliography; 10-point font size for footnotes). Your research essay should be submitted as a Word document, using the appropriate Turnitin link on the iLearn page.
The essay must comply with the Australian Guide to Legal Citation (4th edition).
Please be aware that plagiarism detection software is used in this Unit.
- Essay questions
- According to H.L.A. Hart, a theory based upon the “gunman situation” cannot explain the distinctive features of law. Do you agree with Hart? Why or why not? Give REASONS for your response.
- Are law and morality necessarily connected? Give REASONS for your response with reference to the arguments made by positivists, natural law theorists, and Ronald Dworkin.
III. This Assessment Task relates to the following Learning Outcomes
- Analyse the issues at stake in debates about the nature of law, legal reasoning and adjudication
- Assess the strengths and weaknesses of different theories about the nature of law, legal reasoning and adjudication
- Apply knowledge of theoretical debates in jurisprudence in assessing the reasoning in legal cases and answering hypothetical problems
- Critique legal arrangements and institutions from a normative perspective
- Communicate using clear and cogent arguments
IV. Marking rubric
High Distinction (85% plus)
A High Distinction paper will:
- Demonstrate an excellent understanding of the central arguments and debates
- Accurately explain the arguments and demonstrate an appreciation of complexity
- Demonstrate an excellent ability to identify problems with arguments and how they might be addressed
- Provide evidence or reasons to support the arguments and claims being made
- Prioritise relevant materials and arguments, demonstrating a good structural balance
- Write clearly and concisely, using complete sentences, and have impeccable grammar and spelling
Distinction (75-84%)
A Distinction paper will:
- Demonstrate a strong grasp of the relevant issues, but might contain minimal inaccuracies in interpretation
- Demonstrate an ability to identify problems with arguments, but not always an appreciation of complexity
- Be well-written – with strong grammar, spelling, and syntax – but instances of redundant language or cumbersome style may be present
Credit (65-74%)
A Credit paper will:
- Demonstrate some understanding of the relevant issues, but might contain inaccuracies in interpretation;
- Demonstrate some ability to critically engage with the arguments;
- Be adequately written, while showing errors in paragraph structure, grammar, spelling, or syntax.
Pass (50-64%)
A Pass paper will:
- Present a description of the relevant issues and arguments that is mostly accurate, but not a thorough understanding
- Demonstrate an attempt at critical engagement but not provide sufficient reasons or evidence for the claims being defended
- Be poorly written with frequent errors of paragraphing, grammar, syntax, or spelling
Fail (below 50%)
Papers which exhibit any of the following characteristics may be awarded a Fail grade:
- the paper does not demonstrate an adequate grasp of the issues
- the paper does not demonstrate adequate comprehension of the set materials
- the paper fails to demonstrate any critical engagement with the arguments
- written expression is so poor that the student’s description, analysis, interpretation or evaluation of the literature is frequently unclear
- referencing and citation is so poor as to be meaningless with regard to providing adequate support for the description, analysis and argument
- the paper exhibits some evidence of plagiarism

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