units

LAW5333

Faculty of Law

18 September 2017 22 December 2024

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This unit entry is for students who completed this unit in 2016 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

Monash University

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Offered

Not offered in 2016

Notes

The current version refers to the Malaysia offering
For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
Previously coded as LAW7189

Synopsis

The growth of international criminal jurisdiction and the continual improvement in opportunities for legal cultures to interact with one another have led to a much greater interest, both practical and theoretical, in comparative criminal law over the last decade or so. Even within Australia, the creation of a federal Criminal Code has allowed for an even more extensive use of the possibilities inherent in federalism for comparative criminal law within the one country. The first topic to be examined is what use can be made of comparative criminal law and the pitfalls that may be encountered in doing so.

Outcomes

On completion of this subject, students will be able to:

  • apply knowledge and understanding of whether or not there may be any "fundamental principles" which underlie all criminal justice systems, with creativity and initiative to new situations for further learning;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the uses and abuses of comparative criminal law;
  • conduct research into the fundamental aspects of the merits or otherwise of codification in both the common law and the civil law, based on knowledge of appropriate research principles and methods; and
  • use cognitive, technical and creative skills to evaluate the essential features of some key areas of substantive law in Australia and other legal systems'.

Assessment

Research assignment (3,750 words): 50%
Take-home examination (3,750 words): 50%

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester [in Prato they will have 36 contact hours] whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.