Law in Social Theory

This subject has the following teaching availabilities in 2012:

Law in Social Theory builds upon issues introduced in Law in Society, and Law, Justice and Social Change. It examines the theories of the function and role of law propounded by a range of social and legal theorists and movements, including Habermas, Bourdieu, Luhmann, Critical Legal Studies, Feminist Legal Theory, Derrida and others. Students examine these different theories of how law works and law's role in relation to society. Each week, the potentials and limitations of these theories are considered in light of and tested against contemporary socio-legal problems selected by the students and the lecturer. Students conceptualise their chosen case study through the perspective of particular theorists. Case studies in the past have included the David Hicks trial, the Mabo decision, the International Criminal Tribunal for Rwanda, closure of live music venues, Aboriginal customary law in the courts, corporate manslaughter, honour killings, sex discrimination in the workplace, the use of art experts in the courtroom, prostitution legislation. The purpose of the course is thus two-fold: to become familiar with different theories of the function of law in relation to society, and to consider the insight these theories bring to different socio-legal problems.

• have knowledge of the theories of the role of law propounded by a range of social and legal theorists and theoretical movements.
• consider the insight these theories bring, and their potentials and limitations, in relation to different socio-legal problems.
• consider the use of theory in understanding law and its operation.

A Class Presentation and Report (20%) due early in the semester, a Research Essay (30%) due mid - late semester and a take home exam (50%) due during the examination Period.

This subject has a minimum Hurdle Requirement of 75% Tutorial attendance. Students who fail to meet this hurdle requirement will be deemed ineligible to submit the final piece of assessment or sit the final examination. Regular participation in tutorials is required.

Assessment submitted late without an approved extension will be penalised at 10% per working day. In-class tasks missed without approval will not be marked. All pieces of written work must be submitted to pass this subject.

• An Introduction to Law and Social Theory, Reza Banakar and Max Travers ed, Oxford Hart Publishing, 2002.

This subject potentially can be taken as a breadth subject component for the following courses:

• Bachelor of Biomedicine
• Bachelor of Commerce
• Bachelor of Environments
• Bachelor of Music
• Bachelor of Science
• Bachelor of Engineering

You should visit learn more about breadth subjects and read the breadth requirements for your degree, and should discuss your choice with your student adviser, before deciding on your subjects.

• have highly developed cognitive, analytical and problem-solving skills.
• have an advanced understanding of complex concepts and the ability to express them lucidly in writing and orally.
• have sophisticated awareness of cultural, ethnic and gender diversities and their implications.
• have an ability to plan work and to use time effectively.