LLAW2222 The History of Legal Ideas [Research II]

2017

4.5

1 x 110-minute lecture weekly
1 x 50-minute tutorial fortnightly

1 Admission into BLAWLP-Bachelor of Laws and Legal Practice
1a Admission into BLAWLPG-Bachelor of Laws and Legal Practice (Graduate Entry)
1b Admission into BLAWLPR-Bachelor of Laws and Legal Practice
1c Admission into BLAWLPRG-Bachelor of Laws and Legal Practice (Graduate Entry)
1d Admission into BLAWLPRH-Bachelor of Laws and Legal Practice (Honours)
1e Admission into BLAWLPRGH-Bachelor of Laws and Legal Practice (Graduate Entry) (Honours)
2 18 units of first year LLAW topics
Must Satisfy: ((1 or 1a or 1b or 1c or 1d or 1e) and 2)

1 of LLAW2105, LLAW2321 has been successfully completed

This topic is an introductory guide to some of the main conceptual and historical influences on Australian law. It will ask why Australian law is the way it is, and consider how it relates to other legal systems across the globe. The topic will look at some of the important historical eras, events and conflicts which have shaped contemporary law and critically examine the core values of Australian law. The topic will demonstrate the contemporary global and Australian relevance of significant historical moments and controversies, such as the spread of Roman law, the history of slavery, the beginnings of the common law and equity, the English Civil War, secularisation, the colonisation of Australia, and the lead up to Australian federation. It will connect these fundamental historical developments with core questions in legal theory, such as the nature of a liberal legal system, the idea of natural law, the relationship of law with social and moral values, the notion of legal personality and the status of animals, and critical questions concerning race and gender. The topic will develop research skills introduced in first year law, and in particular emphasise mid-level research skills in secondary literature.

This topic aims to assist students:

• by promoting an understanding of the importance of history and theory to knowledge about Australian law
• to develop skills of critical thinking about law, and the ability to construct coherent arguments about key historical and conceptual elements of law
• to develop research skills in secondary literature
• to promote an understanding of the importance of secondary literature to legal research, in particular that found in scholarly journal articles, books, and book chapters

On completion of this topic, students will:

• have a sound basic understanding of central developments in legal history
• have a sound basic understanding of the main philosophical ideas upon which Australian law is based
• be able to see current legal issues through the lens of legal history and theory
• have the ability to critically evaluate central ideas about law
• be able to undertake effective independent research involving secondary literature
• be able to apply scholarly conventions about citation and referencing
• be able to communicate their understanding of legal history and theory in written form