191-301 Law in Social Theory

Formerly available as 191-210. Students who have completed 191-210 are not eligible to enrol in this subject.

Completion of 37.5 points of second-year socio-legal studies including 166215 Rights and the Law and 191211 Law, Justice and Social Change, or with permission of the subject coordinator.

Law in Social Theory builds upon issues introduced in Law in Society, and Law, Justice and Social Change. It examines the theories of the function and role of law propounded by such writers as Durkheim, Marx, Weber, Habermas, Kennedy, Derrida and others. Students examine these different theories of how law works and law's role in relation to society. Each week, the potentials and limitations of these theories are considered in light of and tested against contemporary socio-legal problems selected by the students and the lecturer. Students conceptualise their chosen case study through the perspective of particular theorists. Case studies in the past have included the Ok Tedi Mining disaster, the David Hicks trial, asylum seekers, the Mabo decision, the International Criminal Tribunal for Rwanda, the Oslo Peace Accords, spearing and Aboriginal customary law, corporate manslaughter, honour killings, the use of art experts in the courtroom, prostitution legislation. The purpose of the course is thus two-fold: to become familiar with different theories of the function of law in relation to society, and to consider the insight these theories give to different socio-legal problems.

• have highly developed cognitive, analytical and problem-solving skills;

• have an advanced understanding of complex concepts and the ability to express them lucidly in writing and orally;

• have sophisticated awareness of cultural, ethnic and gender diversities and their implications;

• have an ability to plan work and to use time effectively.

Written assessment 25% (due during semester), an oral examination 55% (due during the examination period) and class presentation 20%.