GSC2211

Social justice and legal institutions

Offered subject to approval

Dan Lennon

8 points - 3 hours per week (two 1-hour lectures and one 1-hour tutorial) - Second semester - Gippsland and distance Prerequisites: GSC1201 and GSC1202 or equivalent

Objectives On the successful completion of this subject students should have developed a sociological position regarding the analysis of contemporary legal and social justice-related issues. Theoretically the students will be able to define rational, formal, real and critical legal philosophies within a sociological context; use chronological ordering of legal philosophy within a given political community (ie legal evolution);establish legal precedent for a legal argument in an appropriate manner; and understand the legal case-method approach to applying, and learning, legal ideas. Methodologically, the students should make use of legal material and form of argument when applied to a legal situation or entity; use cross-cultural (and/or political) examples to illustrate exceptions to any one particular legal rule, and finally, use of time-ordered (or chronological) evidence to illustrate the possibility of legal change in any human community.

Synopsis This subject provides students a comparative view of law and social justice over a number of political and legal states and chronological periods. It will emphasise that law and social justice are more consequent, rather than causal, phenomena, and are often defined at the ideological level far more often than at the material. Ideologically, a variety of legal issues including those of constitutionalism, social control, and equity are examined to illustrate different sociological perspectives regarding the use of the law and the disparate definitions of social justice which result. More materially, legal procedures, especially in reference to utility, professionalism and political outcomes will also be explored within this subject and with these ideological contexts mentioned earlier.

Assessment Two essays (2000 words each): 70% One exam (2 hours): 30%

Prescribed texts

Black D (ed.) The behaviour of law Academic Press, 1976
Nader L (ed.) Law in culture and society University of California Press, 1997
Kairys D (ed.) The politics of law: A progressive critique Pantheon Books, 1982

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