Note: This is an archived Handbook entry from 2012.
|Dates & Locations:|| |
This subject is not offered in 2012.
|Time Commitment:||Contact Hours: 36 hours. |
Total Time Commitment:
Study Period Commencement:
Not offered in 2012
November, Semester 2
|Recommended Background Knowledge:|| |
|Non Allowed Subjects:|| |
|Core Participation Requirements:||
The Melbourne Law School welcomes applications from students with disabilities. It is University and Law School policy to take all reasonable steps to enable the participation of students with disabilities, and reasonable adjustments will be made to enhance a student’s participation in the School’s programs.
The inherent academic requirements for the study in the Melbourne Law School are:
Students must possess behavioural and social attributes that enable them to participate in a complex learning environment. Students are required to take responsibility for their own participation and learning. They also contribute to the learning of other students in collaborative learning environments, demonstrating interpersonal skills and an understanding of the needs of other students. Assessment may include the outcomes of tasks completed in collaboration with other students.
Students who feel their disability will prevent them from participating in tasks involving these inherent academic requirements are encouraged to contact the Disability Liaison Unit: http://www.services.unimelb.edu.au/disability/.
Melbourne Law School Student Centre
Tel: +61 3 8344 4475
Legal Histories has two main aims. The first is to explore the empirical study of law’s past, in order to think broadly and critically about law’s meaning and development. We will interrogate questions of intent and method in a series of targeted workshops with scholars about their work, drawn from the disciplines of both law and history. The second interrelated aim is to encourage students to engage with legal history as a significant strand of legal thought and practice. Interwoven with the empirical workshops, the main body of seminars will introduce students to the concept of historiography- the ideas, theories and practice of writing history, but positioned within legal frameworks, dominated by legal questions and using legal sources. This will involve exploring the shifts in thinking about legal history itself; both as a genre of history writing, but importantly as a practice of legal scholarship, and often with very specific outcomes in litigation and reform processes. In this way, the seminar topics will include consideration of a range of approaches: from classical common law methods and constitutional interpretation to the critical legal histories emergent from indigenous and feminist perspectives.
The subject will explore how legal history is a serious question of method for practices of civil justice and legal change, not just an abstract question for academia. It will do this by looking at cases where ideas of historiography are crucial, and which may include, for example, Brown v Board of Education and the Sears cases in the US; Mabo and native title litigation in Australia; war crimes trials in International criminal law.
A student who has completed this subject should have an advanced, and integrated, knowledge of the complexity of legal histories. In addition a student will have obtained a nuanced understanding of how history operates as a critical aspect of legal practice and knowledge. This includes an ability to critically analyse and evaluate:
Additionally, a student should be able to communicate their advanced interdisciplinary analysis in a reflective and culturally responsive manner that is open to be read and interpreted by legal and non legal audiences alike.
|Prescribed Texts:|| |
Specialist printed materials will be made available from Melbourne Law School.
|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 will have critically analysed at least one specific instance or example of the complexity of the relation of history to legal form or expression. They will therefore have developed and be able to demonstrate the following integrated cognitive, technical and creative skills:
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