Handbook 1996 : Faculty of Law (Volume 3 page 213)
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730-105 History and Philosophy of Law

Compulsory Law subject.

Prerequisite: None

Contact: 3 hours per week

Timetable: Both semesters

Objectives:

Students completing this subject should: have gained an understanding of the origins and development of the Australian legal system, and its relationship with pre-existing indigenous laws; understand and be able to evaluate critically some of the major historical and contemporary debates in legal philosophy and the sociology of law, including issues in law and economics, law and feminism and comparative law; have an awareness of corresponding and contrasting themes in non-Western legal systems; understand the close inter-relationship of issues in the history, philosophy and sociology of law; have an awareness of issues of race, class, gender and ethnicity in the study and practice of law; have developed enough of an understanding of legal history, comparative law, legal philosophy and the sociology of law to be able to bring the concepts and debates in these disciplines to their study of other courses in the curriculum; have developed an enthusiasm for, and an interest in, legal history, legal philosophy and the sociology of law; have developed oral skills by contributing to group discussions during the course; and have developed an attitude to legal education which accepts pre-reading, reflection and class discussion as essential to learning.

Content:

Australian legal history: indigenous peoples and law. Legal diversity: comparative law. Individual, society and state: liberalism and confucianism. Economic and sociological approaches to law. Critiques of liberal legalism - marxism, critical legal studies, feminism, postmodernism. The making, invocation and enforcement of legal rules. Law in the courts - judicial decision-making, the activities of lower courts.

Assessment:

Research Assignment 3,000 words (45 per cent) and Class Participation (10 per cent) and Final Exam 3 hours (45 per cent).

Prescribed texts:


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Handbook 1996 : Faculty of Law (Volume 3 page 213)

Status:          Official 1996
Date created:    Oct  9 1995
Last modified:   Oct  9 1995
Authorised by:   Academic Registrar
Email enquiries: Course_Information@registrar.unimelb.edu.au
Maintained by: Faculty of Law.

Copyright © University of Melbourne 1995,1996.