78039 Wickedness and Vice
Warning: The information on this page is indicative. The subject outline for a
particular session, 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 handbook information prior to 2017 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ( 70311 Torts OR (70110 Introduction to Law AND (76006c Public International Law OR 70108c Public International Law)))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Description
The legal system organises and expresses multiple meanings. This subject analyses the various ways in which the legal system communicates different conceptions of wickedness and vice. This subject engages with traditional jurisprudential approaches such as natural law and positivism to theorise about the criminal legal system as a system of blaming. The subject introduces students to various jurisprudential and general philosophical accounts of the legal system's approach to wickedness and vice. These theories are applied to specific issues, including questions about our duty to obey, the regulation of morality, the malice of the law and the characterisation of terrorism. The subject examines representations of evil in literature and film to supplement and analyse legal representations of wickedness. This subject is timely, given increasing international reliance on a 'discourse of evil'.
The subject provides students with skills to understand and critically apply theory. Theory is essential to the law, providing a way of thinking about issues and imagining the world differently, particularly when a legal problem appears to be insurmountable.
Students apply skills of analysis, research, communication and critical thinking – learning to not only evaluate and synthesise information, but also to critique legal and academic arguments. Students engage in a rigorous process of reading and discussion that includes thought-provoking philosophy and jurisprudence, as well as judgments and other legal documents and events. Students develop their capacity to communicate understanding of the concepts and critiques of the materials by presenting their ideas in seminars and through written assessment.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Identify and evaluate the various philosophical accounts of wickedness. |
|---|---|
| 2. | Apply theoretical insights about wickedness and vice and apply these to practical issues. |
| 3. | Identify and explain examples of complex practical issues, and critically evaluate the role that law has played in constructing and responding to wickedness and vice. |
| 4. | Locate and synthesise legal and interdisciplinary research relevant to legal issues in order to creatively and analytically evaluate the factual, legal and theoretical issues which arise. |
| 5. | Construct clear, original and persuasive written and oral arguments that are supported by research and textual readings. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes:
- Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively including an ability to identify and articulate legal issues, apply reasoning and research, engage in critical analysis and make reasoned choices. (3.0) - Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (4.0) - Communication and Collaboration
Effective and appropriate communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately. (5.0)
Contribution to the development of graduate attributes
This subject will assist students to develop graduate attributes of critical analysis and evaluation (GA 3), research skills (GA4), and communication and collaboration (GA 5). 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.
Teaching and learning strategies
Strategy 1 Preparing for class activity
Students read the prescribed materials posted on UTSOnline prior to coming to class. Information about each topic is provided on UTSOnline. Prior to some classes, questions are posted on UTSOnline to focus students’ attention and prepare them for discussion. Students think about their answers to these questions prior to coming to class. Additional readings are available on UTSOnline if students wish to pursue particular theories further. Students use the UTSOnline Discussion Board to ask questions or share ideas prior to the class. Students are advised to exercise patience when reading the prescribed texts as these readings may contain ideas you have never come across before and may additionally be presented in a style to which you are unaccustomed. Take your time and allow yourself the opportunity to understand what an author is arguing.
Strategy 2 Engaging in seminars
Classes involve presentations by the seminar leader and students of theoretical approaches drawn from the readings. In these seminars the leader asks questions of the students to ensure understanding of the theory. Students discuss the implications of particular theories in response to specific legal issues and critical analysis of theoretical approaches in small groups and as a class. Students demonstrate understanding of the prescribed readings through class discussions, and also seek clarification for difficult issues. Students have the opportunity to ask questions of their peers and of the teacher to assist them in consolidating their own learning. Students also gain depth of understanding through application of theories to specific issues. Each seminar focuses initially on understanding the theories, and then critically analyses the theories in relation to specific issues. By engaging in seminar discussion students develop a conceptual and analytical understanding, of philosophy and jurisprudence. Students build on their preparation and engagement in seminars by formulating and debating interpretations of the theories, as well as relevant legal, cultural and historical contexts.
The seminar leader models critical thinking, including the development of argument and close textual analysis. Seminars cover theories and consider how they articulate and/or apply to the law. The theories are applied to legal issues – ranging from historical issues such as the Holocaust to contemporary issues. The aim is to understand theory sufficiently to apply it to a legal issue, and then to critically evaluate that legal issue and/or the theory. Students are encouraged to offer their opinions and ask questions during seminars, and are asked to answer questions about the theories in order to develop their understanding of the relationship between these theories and legal issues. The structure of the seminars models the analytic, critical and methodological skills that students develop throughout the subject by outlining the theory, identifying issues and critically applying the theory to these issues. Students may undertake research in class of a particular issue in order to add depth to class discussion and analysis by sharing available computer resources and texts. The class discussions allow students to gauge how successful they have been in their critical reading, by testing their knowledge and learning from others.
Strategy 3 Preparation and support for writing theoretical essays
As part of the assessment students undertake a short and a long essay. The short essay is due early in the semester on a specific question. The aim of the essay is to encourage students to read a legal judgment from a critical theoretical perspective. In week 3, prior to the due date of the assessment, we undertake an application of theory in class. This involves identifying the separate elements of disorder theory, discussing examples of disorderly people, things or ideas, and then breaking into small groups to apply the theory to an issue. This gives students an opportunity to understand how to undertake a theory-based analysis of an issue, and to receive oral feedback from the seminar leader and other students about the efficacy of particular strategies and approaches. Students then apply these skills in the written short assessment. This provides the opportunity for feedback on how to write essays using a theoretical framework.
A seminar is devoted to the art of writing a research essay – this includes research approaches and an analysis of the construction of argument. As part of this class students evaluate each others’ abstracts for their research papers, offering a further opportunity for collaborative learning. The final essay requires in depth analysis of a particular theorist(s) applied to a specific legal issue. This requires research of that particular theorist and issue, and also communication of understanding and critical evaluation and application of the theory.
Towards the end of the semester a class is devoted to a contemporary legal issue. Students are expected to have read the prescribed readings prior to coming to class. They break into small groups to discuss which theories they think would yield the best critical insights into that contemporary legal issue and develop a theoretical analysis of the issue. They then present their analysis to the class. This provides an opportunity to evaluate their engagement with the theory and their critical application of the theory to the legal issue. Students provide feedback to each other on which arguments they think work best and whether different examples could be used. Part of using theory effectively is to ensure that it helps ask interesting questions and/or give interesting answers. This seminar provides students with an awareness of how much they have learned in the subject and the ability of theory to provide critical understanding of legal issues. These skills can then be applied in the research essay.
Strategy 4 Applying research skills
Students undertake independent research relevant to class discussion and assessment tasks. Class discussion is based on a list of readings, some of which students are required to locate using the UTS Library and databases. The research essay requires students to identify and research a relevant legal issue, appropriate theory and secondary material on their own. Being able to use the library and legal databases to find relevant material is a key skill for a legal professional. Critical reading and analysis of judicial and scholarly material are also crucial skills in law. In this way, students develop and refine skills in identifying and synthesising relevant material and deploy it to make reasoned, logical, justifiable and persuasive written and oral arguments. They apply these skills in the written assessment tasks and receive further feedback (see below).
Strategy 5 Field Trip
This field trip to the Sydney Jewish Museum demonstrates the relevance of theory to practical issues. Philosophies of wickedness changed and developed as a consequence of the Holocaust. Prior to visiting the museum we examine theories that developed in response to the Holocaust. Students are shown around the museum, listen to a Holocaust survivor speak about their experiences and hear a lecture about the Holocaust. Students have an opportunity to ask questions about the Holocaust and various theories. The museum provides historical context and detail about the Holocaust and an opportunity for students to think critically about the theories we considered prior to coming to the Museum. The more readings students undertake prior to going to the Museum the more they benefit from the visit.
Strategy 6 Feedback
Detailed guidance as to the assessment criteria and the provision of timely feedback are an important part of the learning process.
Students receive ongoing feedback in seminars from the seminar leader as well as their peers. Students should be using class participation as a means to test their understanding of theories and their critical application of these theories to various legal examples. Such a means of feedback will be available to students from week 1 and provides an opportunity to develop their capacity to present oral arguments. In week 3 a class is devoted to analysing the component parts of disorder theory and applying the theory to different legal issues. This provides students with oral feedback about their ability to construct an effective argument using theory. Students receive written feedback on the short essay due early in the semester via UTSOnline. Feedback provides students with the opportunity to reflect upon and develop their ability to construct an effective argument, write clearly and persuasively and communicate complex concepts. Students further develop these skills in the writing of the final essay. Students also receive written feedback on their final essays via UTSOnline to improve their research essay writing for the future.
Subject Delivery
Teaching will be based on weekly class seminars of 3 hours
Content (topics)
- Introduction: Wickedness and Vice
- Law and morality: Hart v Devlin Debate
- Mary Douglas: Disorder Theory
- Philosophy of wickedness: Aristotle and Aquinas
- Philosophy of Wickedness: Freud and Midgley
- Function of Evil: Cole
- Virtues and Vices: Philippa Foot
- Banality of Evil: Arendt
- The Atrocity Paradigm: Claudia Card
- Law and horror
- Law and Brothels
- Conclusions
Assessment
Assessment task 1: Class Participation and Preparation
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 5 This task contributes specifically to the development of the following graduate attributes: 5.0 |
|---|---|
| Weight: | 20% |
| Length: | 1000 words (equivalent) |
| Criteria: |
|
Assessment task 2: Short Essay
| Intent: | The aim of this assessment task is to encourage students to read legal materials in terms of how wickedness is expressed, and to draw upon theories to enrich their critical understanding of the materials. |
|---|---|
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 5 This task contributes specifically to the development of the following graduate attributes: 3.0, 4.0 and 5.0 |
| Weight: | 20% |
| Length: | Maximum of 1,000 words |
| Criteria: |
|
Assessment task 3: Essay or Community Based Project
| Intent: | The essay and community based project is linked to objectives and learning strategies three and four. The essay and community project requires students to consider specific theorists in depth through a process of class discussion and research, and to critically evaluate those theories through application to a practical issue, and communicate these ideas in an essay. |
|---|---|
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 3.0, 4.0 and 5.0 |
| Weight: | 60% |
| Length: | 3000 words for the essay. Equivalent of 3000 words for the community based project. For example, students may provide a poster of legal rights and the backup document about those legal rights. |
| Criteria: | A. Essay Your mark will follow these criteria:
B. Community based assessment project Students will be assessed on the process of research in combination with the finished product.
|
Required texts
Prescribed readings for this subject are available on UTSOnline. You will be expected to have read prescribed materials prior to attending class.
In addition, students will be required to read specific cases and journal articles that are available on the web. Films that you may wish to watch prior to class include 'Let the Right One In' for the Claudia Card class and 'The Exorcist'.
Students are advised to exercise patience when reading the prescribed texts. It is to be hoped that some of these readings will contain ideas you have never come across before and may additionally be presented in a style to which you are unaccustomed. Take your time and allow yourself the opportunity to understand what an author is arguing.
Recommended texts
- Penny Crofts, Wickedness and Crime: Laws of Homicide and Malice (Routledge, 2014)
- Thomas Aquinas, On Evil, (Oxford University Press, 2003)
- Hannah Arendt, Eichmann in Jerusalem: A Report on the Banality of Evil (Penguin,1994).
- Richard Bernstein, Radical Evil: A Philosophical Interrogation (Wiley, 2002).
- Claudia Card, The Atrocity Paradigm: a theory of evil (Oxford University Press, 2002).
- Claudia Card, Confronting Evils (Cambridge University Press, 2010)
- Jeffrey Cohen, Monster Theory (University of Minnesota Press, 1996)
- Jeffrey Cohen, Of Giants: Sex, Monsters and the Middle Ages (University of Minnesota Press, 1999)
- Phillip Cole, The Myth of Evil, (Greenwood Publishing Group, 2006).
- Andrew Delbanco, The Death of Satan: How Americans have lost the sense of evil (Farrar, Straus and Giroux, 1995).
- Gregory Desilet, Our Faith in Evil: Melodrama and the Effects of Entertainment Violence, (McFarland, 2006).
- Mary Douglas, Purity and Danger: An Analysis of the Concepts of Pollution and Taboo (Psychology Press, 2003)
- R.A. Duff, ‘Virtue, Vice and Criminal Liability: Do we want an Aristotlean Criminal Law?’ (2002-2003) 6 Buffalo Criminal Law Review, 147-184
- Terry Eagleton, On Evil, (Yale University Press, 2010)
- George Fletcher, Rethinking Criminal Law (Little, Brown, 1978)
- Michel Foucault, Abnormal (Verso, 2003)
- Michel Foucault, The Order of Things: An Archaeology of the Human Sciences (Psychology Press, 2002)
- Michel Foucault, The Archaeology of Knowledge, (Psychology Press, 2002)
- Sigmund Freud, Beyond the Pleasure Principle, (Penguin, 2003)
- Sigmund Freud, Civilization and its Discontents (Penguin, 2002)
- David Garland, Punishment and Modern Society (Clarendon Press, 1990)
- Lee Godden, ‘The Bounding of Vice: Prostitution and Planning Law’, (2001) Griffith Law Review, 77-98
- Peter Goodrich, Reading the Law (B. Blackwell, 1986)
- Peter Goodrich, Legal Discourse (Springer, 1990)
- Judith Halberstam, Skin Shows: Gothic Horror and the Technology of Monsters (Duke University Press, 1995)
- Lynda Hart, Fatal Women: Lesbian Sexuality and the Mark of Aggression (Routledge, 2005)
- Ari Hirvonen (ed), Law and Evil: philosophy, politics, psychoanalysis (Routledge 2009)
- Richard Kearney, Strangers, Gods and Monsters (Psychology Press, 2003)
- Melanie Klein, Envy and Gratitude and Other Works 1946-1963 (Random House, 2011), 176-235
- Julie Kristeva, Powers of Horror: An Essay on Abjection (Columbia University Press, 1982)
- Alasdair MacIntyre, After Virtue: A Study in Moral Theory (A&C Black, 2013)
- Desmond Manderson, ‘Apocryphal Jurisprudence’, (2001) 27 Journal of Legal Philosophy, 27-59
- Desmond Manderson, ‘From Hunger to Love: Myths of the Source, Interpretation, and Constitution of Law in Children’s Literature’, (2003), 15 Law and Literature, 87-141
- Basil Markesinis, Good and Evil in Art and Law (Springer Vienna, 2009)
- Larry May, Masculinity and Morality (Cornell University Press, 1998)
- Terrence McSweeney, The 'war on terror' and American Film: 9/11 frames per second, (Edinburgh University Press, 2014)
- Mary Midgely, Wickedness, (Routledge, 2003)
- William Miller, The Anatomy of Disgust, (Harvard University Press, 2009)
- Adam Morton, On Evil, (Psychology Press, 2004)
- Frederich Nietzsche, On the Genealogy of Morals, (Courier Corporation, 2012)
- Martha Nussbaum, ‘Secret Sewers of Vice: Disgust, Bodies and the Law’ in Susan Bandes (ed.) The Passions of Law, (NYU Press, 2001)
- Marthan Nussbaum, Hiding from Humanity: Disgust, Shame and the Law, (Princeton University Press, 2009)
- W. Scott Poole, Monsters in America (Baylor University Press, 2014)
- Amelie Rorty (ed.), The Many Faces of Evil: Historical Perspectives, (Psychology Press, 2001), xi-xviii
- Paul Rozin, Jonathan Haidt and Clark McCauley, ‘Disgust’, in Michael Lewis and Jeannette Haviland-Jones (eds.) Handbook of Emotions (Guilford Publications, 2016)
- Jeffrey Russel, The Devil: Perceptions of Evil from Antiquity to Primitive Christianity, (Cornell University Press, 1987)
- Edward Said, Orientalism, (Penguin, 1991)
- Austin Sarat and Austin Kearns (eds.), Law’s Violence, (University of Michigan Press, 2009)
- Andrew Sharpe, Foucault’s Monsters and the Challenge of Law (Routledge, 2010)
- Alfred William Brian Simpson, Cannibalism and the Common Law, (Penguin, 1985)
- Carl Stychin, Law’s Desire: Sexuality and the Limits of Justice (Routledge, 1995)
- Lars Svendsen, A Philosophy of Evil, (Dalkey Archive Press, 2010)
- J, Michael Richardson and J. Douglas Rabb, The Existential Joss Whedon: Evil and human freedom in Buffy the vampire slayer, Angel, Firefly and Serenity, (McFarland, 2006)
- Bernard Williams, Moral Luck, (Cambridge University Press, 1981)
- Robert Wuthnow, Be Very Afraid, (Oxford University Press, 2010)
- Alison Young, Judging the Image: Art, Value and Law, (Psychology Press, 2005)
- Alison Young, The Scene of Violence, (Routledge-Cavendish, 2010)
- Phillip Zimbardo, The Lucifer Effect: How good people turn evil, (Random House, 2011)
Other resources
Websites
