Law and social theory 415
Not offered in 1995
15 points * Two 2-hour lectures per week * Clayton
The subject introduces law students to a variety of social theories which attempt to describe and further our understanding of law, legal processes and legal institutions in their social contexts. The theories and topics to be examined are taken from social science, in particular sociology and social anthropology, but also include an examination of work from the disciplines of social psychology, social history and politics. The subject has three major components. In the first two sections on theoretical perspectives, various theories of modernity are examined in terms of law. The works of Durkheim, Weber, Marx and the behaviourist Donald Black are considered. In the second theoretical section, students are exposed to a number of postmodern approaches to law. These include feminist legal theory, critical legal studies, Michel Foucault, legal anthropology and interpretive social science. The third component deals with applications of social theory under the theme of law and social change. In this section, the limits of legal rules, lawyers as agents of social change, and the contribution of the courts to social reform are considered.
Assessment
One written research assignment (4000 words): 40) * Final examination (2.5 hours): 60%
Prescribed texts
Cotterell R The sociology of law: An introduction 2nd edn, Butterworths, 1992