Credit Points 10

Legacy Code 201050

Coordinator Jeremy Kingsley Opens in new window

Description This subject introduces students to the processes of critical evaluation of arguments, legal communication and logical and critical problem solving involving statutory interpretation and precedent. Students will have the opportunity to explore how law is made, some of the institutional limitations on law and justice, and the impact of globalisation on law. It introduces theories about the nature and function of law in historical, political, social, economic, cultural, ethical and international contexts. The connection between race, gender, culture and law is examined within the context of the Australian legal tradition, legal history, and the impact of the Australian legal system on Aboriginal and Torres Strait Islander Peoples. Students will use logical and critical skills to develop solutions to problems involving statutory interpretation and the application of precedent; and articulate legal thought effectively and persuasively in written formats for lay and expert audiences.

School Law

Discipline Law, Not Elsewhere Classified.

Student Contribution Band HECS Band 4 10cp

Check your fees via the Fees page.

Level Postgraduate Coursework Level 7 subject

Co-requisite(s) LAWS 7056 Fundamentals of Australian Law

Incompatible Subjects LAWS 1009 Legal Analysis and Critique

Restrictions

Students must be enrolled in a postgraduate program.

Learning Outcomes

On successful completion of this subject, students should be able to:

1. Explore how law in Australia developed and the impact of these developments on Aboriginal and Torres Strait Islander Peoples;
2. Analyse theories about the nature and function of law in local and global contemporary contexts and from different perspectives;
3. Use logical and critical skills to develop solutions to problems involving statutory interpretation and the application of precedent;
4. Use legal research skills in relation to primary and secondary sources to support case analysis and statutory interpretation.

Subject Content

- The Australian legal tradition
- English legal history
- Doctrine of reception and repugnancy
- Australian constitutional independence
- The impact of The Australian legal system on Australian first peoples
- Critical evaluation of arguments
- The nature of function of Law
- legal formalism and The rule of Law
- gender, race, culture and The Law
- Law and globalisation
- Law in An economic context
- legal communication
- case analysis and statutory interpretation