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78237 Geographies of Law

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.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): ( 78101c Postgraduate Legal Research OR ((22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies OR 22 credit points of completed study in C04147 Master of Legal Studies OR 22 credit points of completed study in C07074 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04264 Master of Legal Studies)) OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
There are course requisites for this subject. See access conditions.

Description

Context is essential to legal analysis and often that context is geographical, involving particular facts, conditions or issues pertaining to place and space. How do law and geography bear upon each other? What are the physical impacts of law on land, water and the atmosphere? What restrictions on law are imposed by particular geographical contexts?

Topics covered in this subject include: mining and law; water and law; sustainable cities and law; globalisation and law; law in the Anthropocene.

This subject explores the connections between law and geography. It bridges the gap between legal theory and legal practice. The subject is structured into three modules: (i) introduction to the key concepts and ideas of legal geography; (ii) exploration of specific applications of legal geography to current legal issues; and (iii) production of an independent and in-depth analysis of a single specific case study that combines legal theory and legal practice.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1. Develop and construct a well-reasoned, logical and justifiable argument relating to the connection between law and geography
2. think creatively about connection between law and geography and generate responses to prescribed material from independent research.
3. Plan and execute an independent legal geography research project; critically analyse and evaluate research materials (including primary and secondary sources of law and theoretical material); apply critical analysis creatively to an independent (approved by teacher) and in-depth topic relevant to subject.
4. Demonstrate the ability to convey advanced critical thinking and own research including abilities to speak clearly in a logical, succinct and persuasive manner.
5. Initiate self-directed research project; appropriate use of feedback from peers and teacher on work-in-progress including demonstrated capacity to adapt to and embrace change

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 complex legal issues, apply reasoning and research to generate appropriate theoretical and practical responses, and, demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses (3.0)
  • Research Skills
    Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues and demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions (4.0)
  • Self Management
    A high level of autonomy, accountability and professionalism, the ability to implement appropriate self-management and lifelong learning strategies including initiating self-directed work and learning, judgment and responsibility, self assessment of skills, personal wellbeing and appropriate use of feedback and, a capacity to adapt to and embrace change (6.0)

Teaching and learning strategies

Note: the three modules in the subject each deliver different learning experiences both within and outside the classroom.

Strategy 1: Module 1 comprises face-to-face learning in a seminar environment to which students are asked to prepare in advance by reading set materials concerning key concepts and ideas in the theory of legal geography. The classes will be led by the teacher, although they will not be lectures. They are designed to provide all students with shared theoretical base of knowledge, while simultaneously encouraging independent and critical reflection on the significance of that knowledge from their own perspective and interests. In this module, students will learn through independent reading outside the classroom prior to class, listening to others’ perspectives on the readings; and engaging in class discussion. During this module, students will identify, unassisted, a topic for their independent research project. SLOs 1, 2, 4.

Strategy 2: Between Modules 1 and 2, students are asked to upload a draft written outline of their research project to the subject webpage. Each student is asked to provide unlimited written feedback online to all their peers (Assessment Task 1). This online discussion of each proposed project involves engagement with the research ideas of peers and builds the basis for later incorporation of feedback into final research outline (Assessment Task 2) submitted and marked online between Modules 1 and 2. SLOs 2,3 and 4.

Strategy 3: Module 2 involves combination in equal part of a continuation of seminar learning environment from Module 1 as well as stronger student participation with each student introducing the readings (Assessment Task 3) relevant to their independent research topic. SLOs 1, 3.

Strategy 4: Module 3 shifts to a student-led learning environment through a series of formal timed presentations of final research findings/case to class (Assessment Task 4). The workshop component involves the oral presentation, with visual aids, by students of their well-progressing research projects which we might refer to as ‘works-in-progress’. Module 3 concludes with an optional Drop-In session to which students may bring the draft (i) contents and (ii) introduction to their final research paper. Condition of this optional non-assessable feedback on works-in-progress is to present the contents and introduction in hard copy to all present at the session so students can learn from each other as much as from the teacher. SLOs 1, 2, 3, 4.

Strategy 5: after classes have ended, the students will work independently to incorporate the feedback from Tasks 2, 3 and 4 and their own research over the semester to write a formal research paper of 4,000 words (Assessment Task 5). SLOs 1, 2, 4.

Content (topics)

Module 1

1. Seminar – Introduction; Research project skills; how to write a project outline; legal geography as a research methodology.

2. Seminar – Key concepts in legal geography (jurisdiction, property, scale, relationality, materiality, Anthropocene, post-human, governance).

3. Seminar – Key concepts in legal geography continued (earth systems, laws of thermodynamics and hydrology).

Module 2

4. Seminar – Water: Federalism, Jurisdiction and Hydrology (MDB Plan, Water Trigger).

5. Seminar – Land: Property, Relationality and Place (classification of land, NSW mining leases, Indigenous Sovereignty).

6. Seminar – Habitat: Cities, Ruralities and Food (biodiversity legislation, SRLUPs, regulation of public space).

7. Seminar – Planet: Globalisation, Scale and Anthropocene (multiscalarity, governance theory and post-humanism).

Module 3

8. Workshop 1 – student final presentations.

9. Workshop 2 – student final presentations.

10. Drop-in Session 1 – face-to-face feedback/supervision on written Contents and Introduction to Research Paper.

11. Drop-in Session 2 – face-to-face feedback/supervision on written Contents and Introduction to Research Paper.

Assessment

Assessment task 1: Peer-Feedback (formative assessment)

Weight: Mandatory task that does not contribute to subject mark
Length:

Unlimited written feedback to be posted online on the subject webpage regarding peer’s outline.

Criteria:

Feedback is monitored and is a subject requirement but is not assessed summatively. Constructive feedback on each peer’s outline is the sole criteria.

Assessment task 2: Research Project Outline

Weight: 20%
Length:

1000 words

Criteria:

Clarity of scope of project; necessary sequence and viability of intended structure; relevance, depth and selectiveness of literature review; precision of working title; overarching coherence of elements as a singular project.

Assessment task 3: Seminar Leadership

Weight: 20%
Length:

Students submit hard copy of their slides (between 3-5) with notes.

Criteria:

Clarity of voice, steady pace, coherent expression, engagement of class, eye contact, organisation of material and evident preparation and appeal to class; adaptation and accessibility of specialised concepts and language to class; time management; responsiveness to questions and comments are brief, direct and professional.

Assessment task 4: Research Presentation

Weight: 40%
Length:

Students submit hard copy of their slides (between 5-10) with notes

Criteria:

Clarity of voice, steady pace, coherent expression, engagement of class, eye contact, organisation of material and evident preparation and appeal to class; adaptation and accessibility of specialised concepts and language to class; time management; responsiveness to questions and comments are brief, direct and professional AND integration of feedback of peers and teacher from Tasks 2 and 3 AND presentation of persuasive, well-reasoned, logical and justifiable argument; creative or original approach to topic.

Assessment task 5: Independent Research Paper

Objective(s):

This task addresses the following subject learning objectives:

1, 2 and 4

This task contributes specifically to the development of the following graduate attributes:

3.0, 4.0 and 6.0

Weight: 20%
Length:

4000 words

Criteria:
  • scope of research (viability, extensiveness or depth);
  • choice and use of sources (innovation, care, relevance);
  • critical thought and analysis (rigour, independence);
  • argument (persuasive) and counter-argument/alternate perspectives (convincing critique/engagement with);
  • written expression and grammar (scholarly and correct);
  • referencing (thorough, style compliant, without omissions and errors)