70115 Perspectives on Law

Warning: The information on this page is indicative. The subject outline for a particular semester, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject level:

Undergraduate and Postgraduate

Handbook description

This subject aims to introduce students to the law and the Australian legal system through the lens of a variety of perspectives, including: ethical, philosophical, historical, indigenous, constitutional, international and cultural perspectives. In this way students not only develop an understanding of the fundamental concepts which underpin our legal system, as well as an appreciation of the interrelationships between its various institutions, but moreover acquire an insight into the workings of and tensions within our legal system and so be in a position to critically evaluate the strengths and weaknesses of the Australian legal system and the role of law in the Australian community. Students are given the opportunity to read and critically assess a range of materials from a variety of sources. Students are also introduced to a range of legal assessment skills relevant to their studies in law.

Subject objectives/outcomes

This subject will assist students to develop all 10 graduate attributes by pursuing the learning objectives listed below. Students will undertake class activities to practice their development of these attributes and will complete a range of assessment tasks designed to assess their attainment of the identified attributes.

In particular, this subject aims to target graduate attributes 1, 3 and 7.

1. (Target Graduate Attributes 1, 2 , 5, 7, 9 and 10)
To demonstrate an ability to view the law and the Australian legal system through the lens of a variety of perspectives, including ethical, philosophical, historical, constitutional, cultural, social justice and international perspectives as well as the perspectives of various legal players, and so be able to demonstrate an understanding of the nature of law and its role in the Australian legal system, the nature and role of institutions that make up the Australian legal system and the interrelationships (tensions?) between them as well as the fundamental doctrines and principles which underpin the Australian legal system.

2. (Target Graduate Attributes 1, 2, 3, 4 and 8)
To demonstrate an ability to read and think critically, analytically, reflectively and independently across a range of materials and in relation to a variety of introductory legal issues.

3. (Target Graduate Attributes 1, 2 and 3)
To demonstrate an ability to apply legal problem solving skills to hypothetical fact scenarios arising in selected areas.

4. (Target Graduate Attributes 1, 2, 3, 5 and 7)
To demonstrate an ability to develop a persuasive and coherent argument in response to selected issues and legal problems and communicate that argument clearly and concisely in class discussions as well as in writing (using an essay format or legal problem framework as appropriate) and comply with the Faculty's preferred style for referencing.

5. (Target Graduate Attributes 7)
To demonstrate an understanding of the nature and importance of ethics; an ability to recognise ethical issues arising in student-related and other selected scenarios; and, an ability to engage in ethical decision-making and in particular comply with Faculty and University student conduct rules.

6. (Target Graduate Attributes 8)
To demonstrate an understanding of the nature and importance of self and priority management skills and an ability to apply these skills as well as an ability to work cooperatively in class discussions.

7. (Target Graduate Attributes 7 and 9)
To demonstrate an awareness and appreciation of diversity - racial, cultural and gender – and how the Australian legal system responds to this challenge as well as developing a global outlook through an understanding of the impact of international law on Australian domestic law and an awareness of the international legal community.

8. (Target Graduate Attributes 10)
To demonstrate an awareness of selected social justice issues and how they arise in the Australian legal system and how that system responds to this challenge.

9. (Target Graduate Attributes 6)
To demonstrate an understanding of the nature and importance of lifelong learning and the commencement/continuation of that journey.

Contribution to course aims and graduate attributes

The UTS, Faculty of Law has identified a number of professional attributes that graduates from the Faculty will possess upon graduation.

INTELLECTUAL
1. Critical Thinking: An appropriate level of independent thinking, creativity and critical analysis.
2. Analysis and Evaluation: An ability to strategically analyse issues of law, evaluate options and viewpoints to reach and implement decisions.
3. Spoken and Written Communication: Advanced oral and written communication skills.
4. Legal Research and Technological Literacy: Appropriate research techniques to acquire, distil and utilise legal information.

PROFESSIONAL
5. Disciplinary Knowledge: A coherent and extensive knowledge of substantive and procedural law.
6. Lifelong Learning: A capacity to continually update the knowledge skills and awareness appropriate to the practice of law.
7. Ethics: A capacity to value and promote honesty, accountability and ethical standards.

PERSONAL
8. Self and Cooperative Work Management: Self and priority management skills including cooperative work.
9. Cultural Awareness and a Global Outlook: An appreciation and valuing of cultural and intellectual diversity and an ability to function in a global environment.
10. Social Justice: An acknowledgement and acceptance of individual responsibilities and obligations and of the assertion of the rights of the individual and the community.

This subject will reflect all these attributes but particularly focuses on developing the following attributes:

GA1: Critical Thinking
An appropriate level of independent thinking, creativity and critical analysis.

GA3: Spoken and Written Communication
Advanced oral and written communication skills.

GA7: Ethics
A capacity to value and promote honestly, accountability and ethical standards.

Teaching and learning strategies

Strategy 1:
There will be seminar-style classes for which students are expected to read a set of materials and prepare responses to a series of questions and then come to class ready to participate in informed discussion of issues relating to that topic. In this way students will be able to test their ideas and arguments with their colleagues as well as receive valuable feedback from other students and the seminar leader.

Strategy 2:
Through independent study and research, students will be able to extend and deepen their understanding of the various topics covered in this subject.

Strategy 3:
The subject will also be supported by UTSOnline.

Strategy 4:
The subject will be further supported by a series of ELSSA workshops designed to enhance written and oral communication skills. Attendance will be by way of invitation.

Subject Delivery
This subject will be run in small groups. It has 4 contact hours pw consisting of 2 X 2 hr seminars pw. There are no lectures in this subject.

You should have allocated yourself to a seminar group when you enrolled.

You are expected to stay in that group for the whole semester. This is critical given the Seminar Participation component of the assessment.

Seminar Format and Expectation of Student Participation:
For each Seminar you are asked to read a set of prescribed materials relating to a particular topic and then come to class ready to participate in informed discussion about that topic. To help get the discussion going, you have been given a set of 'discussion starter' questions to think about beforehand and help guide your reading but please be prepared to take the discussion beyond these questions to deal with other issues raised in the readings and related to the topic in general.

Seminars provide the key learning experience in this subject. It goes without saying then that the more you are prepared to put into them, especially by way of preparation, the more you will get out of them in terms of learning. You are encouraged then to prepare notes in response to the 'discussion starter' questions, as well as other issues raised by the readings, before the class. These will not only assist you to focus your thinking about the relevant issues but provide a useful resource for you to draw upon during the class discussions. During the class, you may wish to add to these notes. You are also encouraged to further develop these notes by reflecting on the Seminar discussion after class, especially noting issues that need following up, further materials that need to be read etc. This will not only facilitate your understanding of the topic but also provide you with a solid foundation for your private study of the topic for the exam at the end of the semester.

But preparation is only the first step to getting the most out of the Seminars. During the Seminar, you need to participate in an informed way in the Seminar discussion. This is important not only for the learning experience it provides (it's amazing how well having to explain a concept helps you to realize how well you understand that concept…) but remember there is a Seminar Participation component of the assessment.

In terms of how the classes will be run, be prepared for variety. There could be a mix of small group discussions, whole class discussions and possibly even a debate as well as some other interesting activities. But it needs to be stressed that the Seminars are discussion-focused and will not be run as lectures.

Seminar Attendance:
From a learning perspective, you are strongly encouraged to attend all the Seminars in this subject. As Seminar Participation forms a component of the assessment, attendance at the assessable Seminars for this purpose is critical. Put simply, if you are not there, then you cannot participate in the Seminar discussion and so there is nothing to assess.

Lecture Recording Information
Audio or visual recording of classes for this subject is strictly prohibited unless written approval is sought and given in advance by the Subject Coordinator. Approval for audio or visual recording will usually be limited to medical or hardship reasons, and if approved, must be arranged by the student. Students may only use the audio or visual recording for private study purposes and (to avoid any legal action) permission must be obtained from the Subject Coordinator for any other usage. Given the inter-active nature of classes, any student who does not wish to be audio-taped must advise the Subject Coordinator in advance otherwise permission from students is assumed.

Content

1. Learning and Assessment Skills
2. Ethical Perspective
3. Philosophical Perspective
4. Cross-Cultural Perspective
5. English (Legal) Historical Perspective
6. English (Constitutional) Historical Perspective
7. Australian (Legal) Historical Perspective
8. Australian (Constitutional) Historical Perspective
9. Australian Constitutional Perspective
10. Social Justice Perspective
11. Legal Players' Perspectives
12. International Perspective
13. Law and Culture Perspective

Assessment

Assessment Item 1: Assignment

Assessment Item 2: Seminar Participation

Assessment Item 3: Exam

Required texts

1. 70115 Perspectives on Law Seminar Materials (1) and (2). These will be distributed in class.
2. Patrick Parkinson, Tradition and Change in Australian Law (Lawbook Co, 5th ed, 2013).
3. Australian Guide to Legal Citation (Melbourne University Law Review Association Inc, 3rd ed, 2010). The Guide can be viewed or purchased from http://mulr.law.unimelb.edu.au/go/aglc .

LECTURE Reading List

The readings for each seminar are listed in the Seminar Papers which are included in the 70115 Perspectives on Law Seminar Materials.

Recommended texts

1. Catriona Cook, Robin Creyke, Robert Geddes and David Hamer, Laying Down the Law (LexisNexis Butterworths, 7th ed, 2009).

2. Michelle Sanson, Thalia Anthony and David Worswick, Connecting with Law (Oxford University Press, 2nd ed, 2010).

3. Prue Vines, Law and Justice in Australia: Foundations of the Legal System (Oxford University Press, 2nd ed, 2009).

4. A legal dictionary (preferably Australian, and up to date).

Other resources

In addition to essential readings for each seminar topic, you are given a set of further readings (under the heading, "want to do more reading?"). These are for students wishing to read more widely on a topic or seeking to clarify something in the essential readings.

Below are some general preliminary reading you may find useful:

• Richard Chisholm and Garth Nettheim, Understanding Law (LexisNexis Butterworths, 7th ed, 2007).
• Louis Waller, Derham Maher and Waller: An Introduction to Law (Lawbook Co, 8th ed, 2000).
• The Friday Australian newspaper has a special section on Legal Affairs which you should read regularly.

Reading on studying and writing in law:

• Michael Brogan and David Spencer, Surviving Law School (Oxford University Press, 2nd ed, 2008).
• Enid Campbell and Richard Fox, Students’ Guide to Legal Writing, Law Exans and Self Assessment (Federation Press, 3rd ed, 2010).
• Simon Chesterman and Clare Rhoden, Studying Law at University: Everything You Need to Know (Allen & Unwin, 2nd ed, 2005).
• Claire Macken, Law Student Survival Guide: 9 Steps to Law Study Success (Thomson Reuters, 2nd ed, 2010).
  

Useful Websites

• Australasian Legal Information Institute [AustLII]: <http://www.austlii.edu.au>
• NSW Government [especially "Law & Justice"]: <http://www.nsw.gov.au>
• Commonwealth Government [especially "Law & Justice"]: <http://www.australia.gov.au>