Note: This is an archived Handbook entry from 2011.
|Dates & Locations:|| |
This subject is not offered in 2011.
|Time Commitment:||Contact Hours: One 2-hour seminar per week and 4 hours of research supervision sessions. |
Total Time Commitment: Estimated total time commitment of 144 hours.
Legal Theory; Criminal Law or in each case their equivalents.
|Recommended Background Knowledge:||None.|
|Non Allowed Subjects:||None.|
|Core Participation Requirements:||
For the purposes of considering requests for Reasonable Adjustments under the Disability Standards for Education (Cwth 2005), and Students Experiencing Academic Disadvantage Policy, academic requirements for this subject are articulated in the Subject Description, Subject Objectives, Generic Skills, and Assessment Requirements of this entry.
The University is dedicated to providing support to those with special requirements. Further details on the disability support scheme can be found at the Disability Liaison Unit website: http://www.services.unimelb.edu.au/disability/.
ContactMelbourne Law School Student Centre
Tel: +61 3 8344 4475
This subject discusses a series of problems at the intersection of jurisprudence and criminal justice. Its theme is the relation between the origin of law, ethics and politics and historical practices of crime and punishment. This theme is developed by reading the theories of law and genealogy articulated in the work of Nietzsche and Freud, and their interpreters Foucault and Lacan. The first part of the course addresses the genealogical theories of law, ethics and politics elaborated in the work of Nietzsche and Freud. It does so by closely reading and comparing On the Genealogy of Morals and Civilisation and its Discontents. The second part of the course explores these theories by studying contemporary problems of law, ethics and criminal justice. In this part, case studies are taken from both substantive criminal law and contemporary practices of policing and punishment. The case studies will be chosen from amongst the following: homicide and the history of common law; dangerousness; legal reason and democracy; sexual assault and the history of manners; imprisonment and detention; policing, political reason and security. The third and final part of the course provides an opportunity for additional case studies to be chosen and presented by students in consultation with the lecturer.
Note: The essay in this subject will be regarded as a substantial piece of legal writing for honours purposes.
The aim of this course is to introduce students to a theoretical understanding of the relations between law, ethics and politics in the genealogy of criminal justice. It is expected that, at the end of the course, a student would be able to:
A 5,000-word research essay, 100% (due end of semester).
|Breadth Options:|| |
This subject is not available as a breadth subject.
|Fees Information:||Subject EFTSL, Level, Discipline & Census Date|
On completion of the subject, students should have developed the following generic skills:
In addition, on completion of the subject, students should have developed the following skills specific to the discipline of law:
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