QLLM399 Imagination and Legal Cognition (Sem 1)
This is an advanced course in legal reasoning. It examines in detail four devices that are important to legal practice, but often overlooked in legal theory. These devices are: legal fictions (when, despite evidence to the contrary, we treat something as if it were true / proved), metaphor (e.g. ‘a constitution is a living tree’), hypothetical narrative / thought experiment (i.e. imaginary cases in both oral and written proceedings), and personification (e.g. the reasonable person, the officious bystander). The course provides an opportunity to discuss the role and value of these four devices – for judges, for advocates and for the legal system as a whole.
Mode of Assessment:
7,500 word course essay