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Law and Social Theory - JURD7222
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Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 4
 
 
Enrolment Requirements:
 
 
Prerequisite: Academic Program must be 9150.
 
 
Equivalent: JURD7223, LAWS2320, LAWS2820
 
 
Excluded: JURD7632, LAWS2820, LAWS3332
 
 
CSS Contribution Charge:Band 3 (more info)
 
   
 
Further Information: See Class Timetable
 
  

Description

This course has to do primarily with interrelationships between law and other institutions and practices in society, particularly modern society; with what law does in society and what other elements of society do to it. These questions are approached, first, by examination of the great social theorists - especially Marx, Durkheim and Weber - who sought to explain the distinctive character of modern societies, and then by examination of transformations in contemporary law and society (in particular globalisation) and of different theoretical attempts to understand that law and those transformations. Those attempts include critical theory, feminist, post-modernist and post-structuralist analyses.

Note/s: If taken as an elective, it is JURD7632 (6 UOC)

Recommended Prior Knowledge

None

Course Objectives

The emphasis in both parts of the course will be, as much, on coming to terms with broad theoretical thinking about law and society as with the application of the results of this thinking to current legal and social reality. In other words, just as in the courses earlier in the law curriculum, students had to come to terms with the "artificial reason" of the law and learn “to think like a lawyer”, this course seeks to introduce students to another way of thinking, just as removed from the suppositions of everyday commonsense thinking as it is from the assumptions and certainties of legal thinking itself. Whether one calls this type of thinking ‘philosophical’, ‘social-theoretical’ or whatever, students may find it quite challenging - dare one say difficult - at first. Nevertheless, no knowledge of philosophy, sociology and the like will be presupposed and, indeed, coming to this course with few or no preconceived ideas about Marxism, feminism, poststructuralism and critical theory (in its many guises) may well be an advantage.

Main Topics

  • Introduction to Modernity
  • Marx
  • Pashukanis
  • Durkheim
  • Weber
  • Rule of law / Globalisation
  • Feminism
  • Foucault

Assessment

Two essays, one short (1800 words), one long (3200 words) - 80%

Class participation - 20% maximisable

Course Texts

Prescribed
Law and Social Theory materials - two volumes

Recommended
Refer to Course Outline provided by lecturer.

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.