LAW4130

Law and social theory 406 ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader:

Offered:
Clayton Second semester 2005 (Day)

Synopsis: The notion of 'social theory' and its relevance to an understanding of the law. Law and social solidarity (Durkheim). Law as a system of social reles (Hart, Dworkin, Critical Legal Studies). Marxist analyses of law. Post-Marxist critical approaches to law (Habermas, Foucault). The idea of the basic structure (Rawis). Law and modernity (Weber). Anthropology of law. Law and globalisation. Law and justice.

Objectives: Students will acquire or develop (1) an awareness of the nature of socio-legal scholarship and the different theoretical and methodological assumptions that distinguish research and scholarship in law from that done in the social sciences and humanities; (2) a familiarity with a number of classical and contemporary social theoretical approaches with implications for the study of legal topics; (3) a knowledge of a range of empirical social scientific studies of legal phenomena showing the 'law in action'; (4) the capacity to undertake independent research on a socio-legal topic and to engage in sustained critical analysis in written assessment work and (5) an understanding of the practical significance of socio-legal scholarship, especially in terms of legal professional roles and access to justice.

Assessment: Research essay (4000 words): 50% + Examination (2.5 hours writing time plus 10 minutes reading time): 50%

Contact Hours: Two 2-hour lectures per week

Prerequisites: LAW1100 Legal process OR LAW1101 Introduction to legal reasoning and LAW1102 Law in society