| Interim Trimester 3, 2023 Online | |
| Units : | 1 |
| School or Department : | School of Law and Justice |
| Grading basis : | Graded |
| Course fee schedule : | /current-students/administration/fees/fee-schedules |
Staffing
Course Coordinator:
Requisites
Enrolment is not permitted in LAW1115 if LAW1114 or LAW1202 or HIS1115 has been previously completed
Overview
This course is designed to introduce students to the broader historical and socio-political underpinnings of law in Australia, including the significant influences of English law and the Constitution of the United States of America. It includes a study of English legal history before and after European settlement in Australia, the American constitutional settlement, the impact of European settlement on Indigenous Australians, and the legal consequences of political and social changes in Australia. It also includes the development of skills relevant to legal study, including critical thinking and communication.
Law is shaped by its surrounding society. The study of history requires an appreciation of the effect changing social habits and attitudes have on law, and the study of law requires an understanding of social and historical setting in which political institutions and law developed. Students will address concepts that have affected the development of Australian institutions and law, and the historical circumstances that gave rise to constitutional principles such as the rule of law, sovereignty, the role of Parliament, the electoral franchise and the separation of powers. The impact of law on Indigenous Australians will also be included.
Course learning outcomes
On successful completion of this course students should be able to demonstrate:
- knowledge and understanding of the origins, social influences and broader historical contexts of the development of Australian law, and of fundamental Australian constitutional principles;
- thinking skills, including an emerging ability to identify, analyse and articulate the broader historical contexts for legal development and constitutional governance;
- communication skills, in particular the ability to respond to complex ideas and articulate the broader historical context within which law and legal institutions developed in an effective, appropriate and persuasive way.
Topics
| Description | Weighting(%) | |
|---|---|---|
| 1. | The origins of the common law | 8.00 |
| 2. | Growth of the legal profession, the doctrine of precedent and law reporting | 8.00 |
| 3. | The English Revolutions: Parliament, king and courts in the 17th century | 8.00 |
| 4. | Responsible government, law and justice in 18th century England | 8.00 |
| 5. | The American constitutional settlement | 8.00 |
| 6. | Reform of the British Parliament and courts in the 19th century | 8.00 |
| 7. | Reception of English law in Australia | 8.00 |
| 8. | Self-government and law in colonial Australia | 10.00 |
| 9. | Indigenous Australia and the law in the colonial period | 10.00 |
| 10. | Federation | 8.00 |
| 11. | Australian constitutional independence and law in the 20th century | 8.00 |
| 12. | Indigenous Australia and the law in modern Australia | 8.00 |
Text and materials required to be purchased or accessed
Student workload expectations
To do well in this subject, students are expected to commit approximately 10 hours per week including class contact hours, independent study, and all assessment tasks. If you are undertaking additional activities, which may include placements and residential schools, the weekly workload hours may vary.
Assessment details
| Description | Group Assessment |
Weighting (%) | Course learning outcomes |
|---|---|---|---|
| Essay 1 | No | 20 | 1,2,3 |
| Essay 2 | No | 40 | 1,2,3 |
| Online forums | No | 40 | 1,2,3 |