Legal Theory, Systems and History

Asian Law & Legal Systems — 76003

Offered: Autumn 2023

Assessment: A1 - Class Participation (30%) A2 - Written Assignment and Review (40%) A3 - Reflective Journal Brief Overview: Asian Law and Legal Systems is the perfect subject for students who are planning on diversifying their legal knowledge beyond Australia. The purpose of the subject is to introduce students to the operation and reception of legal systems in several countries in Asia. The subject focuses on legal systems of China, Japan, Malaysia, Indonesia and Singapore and the impact of religious and cultural values on these legal systems. Students will also learn about the impact of the introduction of western legal systems on the selected countries.

Please note: 70616 Australian Constitutional Law is a prerequisite for this subject.

Gender and Law — 76081

Offered: Spring 2022, Spring 2023

Assessment: A1 - Class Participation (20%) A2 - Reflective Journal (30%) A3 - Research Essay (50%)

Staff Contribution: Professor Laurie Berg This subject explores how understandings of gender are embedded in the law and legal system, often in imperceptible ways. It considers a range of feminist legal theories to examine how law constructs and regulates individuals by reference to gender. The subject starts with key concepts including the construction of gender, the public/ private divide, the sexual division of labour and equality/inequality. It then focuses on the way law shape areas of human experience including work and the economy, family and relationships, sexuality and reproduction, and violence and bodies. The subject applies theory to contemporary issues in the media and public debate and draws on guest speakers from the profession and academia. Brief Overview: The law is not a neutral body of rules and concepts. We often find that the law marginalises groups and reinforces discrimination. Gender discrimination is embedded in law in subtle ways but not invisible enough for us to ignore. With campaigns like the #MeToo Movement, gender equality is clearly a significant issue in contemporary society.

Studying Gender and Law is the perfect way to understand how gender is unmistakably integrated within the law and legal system. This subject allows you to learn about key feminist legal theories and understand how the law constructs and regulates individuals on the basis of gender. Students are invited to think critically about the impact of gender in a number of socio-legal contexts.

Please note: 70108 Public International Law is a prerequisite for this subject.

Introduction to Chinese Business Law — 76009

Offered: Spring 2022, Spring 2023

Assessment: A1 - Class Participation (10%) A2 - Online Participation (15%) A3 - In-class group problems (15%) A4 - Research Essay (60%) Brief Overview: Introduction to Chinese Business Law will enlighten students on Chinese business law, in the context of China’s steep rise to global supremacy and economic greatness. Already equipped with an in-depth knowledge of Australian business law, students are able to develop an understanding of the differences between Australian and Chinese legal systems and business practices, and how these affect the relationship between both nations. Students will also apply strong analytical and research skills to understand the nuances between both legal spheres.

Indigenous People and the Law — 76068

Offered: Spring 2022, Spring 2023

Assessment: A1 - Class Participation (20%) A2 - Group Presentation (20%) A3 - Research Essay (60%) Brief Overview: The Anglo-Australian legal system disregards the dispossession of the land, resources and teachings of Aboriginal and Torres Strait Islander Peoples. This subject explores the history of Aboriginal and Torres Strait Islander nations and the role that Indigenous Australians play in the Australian legal system. The subject also explores the flaws within the Australian legal system and what solutions are needed to better protect Aboriginal and Torres Strait Islander Peoples. Topics that you will learn include dispossession and over-representation of Indigenous Australians within the criminal justice and child welfare systems.

This subject is important in enhancing your understanding of Australian history and the Traditional Owners of this land.

Please note: 70317 Real Property and 70108 Public International Law are prerequisites for this subject.

History and Theory of International Law — 76003

Offered: Summer 2022, Summer 2023

Assessment: A1 - Seminar Preparation and Participation (15%) A2 - Short Critical Reflection (20%) A3 - Viva Voce (15%) A4 - Guided Independent Research Project (50%)

Student Contribution: Lachlan Barker The lecturers were fantastic educators, passionate about deepening our understanding of international legal systems and the relationship between competing narratives of history and the law. The materials were rich and included cases, sociological research, international papers, speeches, and a film.

My advice for anyone taking this unit would be to start thinking about concepts or issues that interest you in international law from the start, to prepare for the final assessment. If you enjoy broader learning, follow international affairs, or have an interest in history or social science, please take this elective! It was fascinating. Brief Overview: Interested in issues that affect people globally like human rights, terrorism and self-determination?

This subject dives into the history and theory behind public international law. Students will engage in debates covering contemporary theoretical issues relevant to economic law, the use of force, terrorism, race and gender in an international context.

Students have the opportunity to develop a deeper understanding of how key areas within international law have evolved from the norms of the 19th century to modern concepts relevant in today’s world.

If you are interested in reading case studies about the global legal problems that test the limits of existing law, then this is the subject for you. This subject will allow you to reflect on theoretical ideas to develop an understanding of the changing nature of contemporary international law.

Please note: 70108 Public International Law is a prerequisite for this subject.

Legal Theory, Systems and History (cont.)

Islamic Law — 76005

Offered: Spring 2023

Assessment: A1 - Online Discussion (25%) A2 - Research proposal (25%) A3 - Research essay (50%) Brief Overview: This subject provides an in depth study of Islamic law and its application in Australia. Students will holistically explore Islamic law through an examination of its origins alongside contemporary legal issues.

Through case studies focusing on Malaysia and Pakistan, students will unpack the modern application of Islamic law and apply this understanding to substantive legal issues. Some areas explored include Islamic family and inheritance law, marriage and divorce, child custody and the significance of extended family. Additionally, students will learn about Islamic commercial, property and banking law.

But the subject doesn’t stop there, as you will also have the opportunity to learn about Islamic criminal law and evidence including the classification of crimes, and punishment. Students will also have the chance to consider the complexities around the formalisation of Shari’ah law.

Please note: 70616 Australian Constitutional Law is a prerequisite for this subject.

Judgment and the Rule of Law — 76057

Offered: Autumn 2023

Assessment: A1 - Online Participation (20%) A2 - Critical Journal Entry (50%) A3 - Analysis of a judgment (30%) Brief Overview: The rule of law is a core part of all legal systems. The subject considers the most essential components of the rule of law; ensuring the law functions democratically and sustains normative order, stability, security and harmony in the community. To maintain normative order, the law must be predictable, well-administered and understood by the community. However, it should also be meaningful and widely supported.

This subject shows how judgments in the law are distinct from those in arts or politics. This subject will also help students navigate the philosophical foundations which underpin objectivity in relation to legal judgments.

Please note: 70616 Australian Constitutional Law is a prerequisite for this subject.

Jurisprudence — 76008

Offered: Summer 2022/23, Autumn 2023, Spring 2023, Summer 2023

Assessment: A1 - Class Participation (20%) A2 - Short Paper (25%) A3 - Research Essay (55%) Brief Overview: Are you interested in learning about the theoretical foundations of law? This subject considers what the purpose of the law is, what the relationship between law and morality is, and how judges should decide cases. This subject ponders these longstanding questions through jurisprudential theories.

Students will develop analytic, research, communication and critical thinking skills to critique philosophical arguments. If you like reading, discussing and applying legal philosophy, then this subject is for you.

Please note: 70311 Torts is a prerequisite for this subject.

Offered: Spring 2022

Assessment: A1 - Class Participation (20%) A2 - Short Essay (30%) A3 - Long Essay (50%) Brief Overview: Legal Reasoning is great for the inquisitive student. It’s one of the many ways a student can ask themselves, how can I think like a lawyer? The goal of this subject is to achieve this objective by introducing students to the thinking, reasoning and argumentative methods of lawyers and judges. This subject takes a more contemporary approach when studying the legal thinking and reasoning that reflects on the realities of presentday lawyering and judging. Active engagement in the seminars and learning material are a sure-fire way to help boost the students mark through 20% class participation, and will go a long way in helping students determine whether lawyers think, reason and argue differently from members of other professions.

Please note: 70311 Torts is a prerequisite for this subject.

Wickedness and Vice — 78039

Offered: Autumn 2023

Assessment: A1 - Critical Reading Reflections (does not contribute to overall mark) A2 - Class Participation and Preparation (20%) A3 - Short Essay (20%) A4 - Essay (40%)

Staff Contribution: Professor Penny Crofts Students will engage with classic jurisprudence and philosophies of wickedness to analyse the legal system as a system of blaming. A central argument of the elective is that law communicates right from wrong, and we can and should analyse the types of models of wickedness which the legal system is expressing. The subject engages with historic and contemporary topics to think through various models of wickedness. Part of this includes theories about the Holocaust, including Hannah Arendt’s idea about the banality of evil and Claudia Card’s arguments about the gray zone. There is an excursion to the Sydney Jewish Museum - and although many students have previously visited the museum when they were at school - everyone has agreed that the visit is highly valuable, particularly as the Museum organises philosophical lectures for us and where possible a survivor will come and speak to the class.

Students tend to find this subject challenging and fascinating. It is good for thinking big about the world and the role of the legal system, and excellent for dinner party conversation. Brief Overview: Wickedness and Vice introduces students to various jurisprudential and general philosophical accounts of the legal system. This subject will provide students with the ability to understand and critically apply theories, as well as an interrogative way of thinking about issues and reimagining the world. Students will engage in a rigorous process of reading and discussion that includes thought-provoking philosophy and jurisprudence, as well as judgements and other legal documents and events. The subject heavily focuses on representations of evil in film and literature to supplement and analyse legal representations of wickedness - there is a large reliance on an international ‘discourse of evil.’

Please note: 70311 Torts is a prerequisite for this subject.

Faculty experts who teach or research in Legal Theory, Systems and History: Alecia Simmons, Anthea Vogl, Beth Goldblatt, Colin Hawes, Harry Hobbs, Honni Van Rijswijk, Patrick Lenta, Penny Crofts, Renata Grossi, Sara Dehm, Shaunnagh Dorsett, Sophie Riley, Teri Libesman, Trish Luker.