Response Essay is due at the end of week 4 and it covers topics discussed in the first three weeks of the unit. The essay is to be 800-1200 words in

Assessment details

Response Essay is due at the end of week 4 and it covers topics discussed in the first three weeks of the unit. The essay is to be 800-1200 words in length (+/- 10%) and is to be divided clearly into three sections: The first section should summarise the main points that you will address in your response (i.e., an introduction). The second section, (the analysis), must provide a critique of your topic drawing on class readings and your own research. The analysis should lead to the final section, which is your conclusion. Your work should be properly referenced in compliance with AGLC4.

Further details below:

ASSIGNMENT 1: RESPONSE ESSAY

Structure, effective communication and format - 10%

Headings (Introduction, analysis, conclusion) 2 word limit (800-1200) +/-10% 2 paragraph use 2 Sentences and grammar use/clarity of thought and expression 4 Total 10

Content 15%

Identifies relevant issues 1 Demonstrates understanding of materials: draws links between concepts discussed in lectures and tutorials and provides examples 2 Discusses and analyses relevant arguments and evidence 3 Argument: developed and structured logically 3 Researched appropriate and scholarly material 2 Engaged with the referenced material: critical evaluation rather than mere description. 3 Correct referencing 1 Total 15

Remember the importance of Academic integrity. Study Skills service in the Library is helpful: https://www.canberra.edu.au/current-students/canberra-students/student-support/study-skills

ASSIGNMENT 1: RESPONSE ESSAY

Answer onlyONEquestion from the following list:

1. Why is the relationship between the rule of law and legal formality key to the operation of a legitimate legal system?

OR

2. Discuss the proposition: The rule of law ALWAYS ensures equality before the court?

OR

3. You may choose a question posted in the modules section, weeks 1-3.

Addresses learning outcomes.

After successful completion of this unit, students will be able to:

1. Explain the philosophical underpinnings and legal principles of western legal systems.

4. Understand issues within the legal system and related law reform

The rubric for this essay is attached here:Response essay - marking rubric explained (3).docx

Law and Society: Tutorial 4 2023

Law, Intersectionality, and the Complexity of Identity

Reading

The second and third readings in this list are quite short and are useful introductions to Intersectionality and feminist thought.

Gender in Stephen Bottomley and Simon Bronitt,Law in Context(The Federation Press, 4thedition, 2012) p68-92 link is here:HYPERLINK "https://uclearn.canberra.edu.au/courses/14386/files/4370947?verifier=L6LOAmh687vrYJGCgORv7mvzRKGxYbdpIIZQaFzN&wrap=1" o "Bottomley and bronitt chapter 3.pdf" t "_blank"Bottomley and bronitt chapter 3.pdf

On Intersectionality:Introduction to IntersectionalityAlso see: #Metoo has changed the world by Bornstein:MeToo Has Changed the World 2023.docxAnd to further extend your understanding of you have the time and inclination to look at a marxist interpretation of feminism:

Chapter 26 Gender and Law in Valverde, Clarke, K. M., Darian-Smith, E., & Kotiswaran, P. (2021).Routledge handbook of law and society. Routledge, Taylor & Francis Group. (Available via Reading list)

Revision and discussion questions

Does gender inequality still exist in our society? Can you provide examples?

Does inequality still exist because of social constructions, biological differences or other factors? What was/is the role of law in this context?

How would you define feminism? How would you define the various phases of feminism?

How does an intersectional understanding of identity complicate and critique feminist analysis? How does intersectionality complexify legal cases brought under the moniker of singular identity categories?

In your view, what is the most urgent gender equality issue that should be addressed through law reform in Australia? What are the limitations of laws in addressing gender inequality?

How has #metoo changed understandings of violence towards women?

Is our understanding of the gender binary changing?

Test your knowledge: true or false?

Feminist jurisprudence considers law as a form of institutionalisation of male dominated societal views.

The second phase of feminism focused on the elimination of formal inequalities between men and women.

Feminism works towards equality, not female superiority.

There is no one type of feminism but all feminists find the liberal formalisation of public-private divide through law as problematic.

Tutorial activities

Group 1:Consider the representation of women in key political and legal institutions.

What are the main reasons for under-representation of women? Are these reasons legal or social?

How different feminist theories (liberal, radical, cultural) look at these issues?

Are legislated equal pay and gender quotas in government desirable measures for improving the representation of women? What are advantages? What are challenges?

What are the limitations of law in addressing this issue?

Group 2:Read the comments of Canadian Judge Robin Camp in the trial ofR v Wagar:

https://beta.theglobeandmail.com/news/national/the-robin-camp-transcript-keep-your-knees-together-and-other-keypassages/article31807105/?ref=http://www.theglobeandmail.com&

Consider this case through the prism of feminist theories. What would a liberal feminist say was the problem in this case? What would be the view of radical and cultural feminists?

Why was the judge fired? What would the rule of law say about the independence of the judge in this case?

How this example supports the feminist view that law-as-legislation is undermined by law-in-practice?

Group 3:Consider whether law represents only the interest of men as second phase feminists claim. Can you think of any instances where law represents interests of women? Consider your answers in relation to the legal definition of sexual harassment:https://humanrights.gov.au/our-work/sexual-harassment-workplace-legal-definition-sexual-harassmentWhat are the challenges for law in regulating sexual harassment?

Group 4:Consider the regulation of pornographic materials in the National Classification Code:https://www.legislation.gov.au/Details/F2013C00006How do principles of the Code reflect liberal principles? How would a liberal feminist see this regulation?

What would a radical feminist say about the pornographic material regulation?

Does public moral play a role in the regulation of pornography?

Topic 1 Activities

Topic 1: Introduction to Law and Society

PLEASE NOTE THERE IS NO TUTORIAL IN WEEK ONE -

What is law and society about?

In this first week, the introductory lecture will assist you in setting your expectations and planning your activities for the course. In addition the readings and some of the questions posed below will help give you a sense of some of the basic concepts that you will need for studying this unit and the kind of questions we are interested in thinking about.

Lecture 1: Introduction to Law and Society

All lecture recordings are available via the ECHO360 tab.

Lipmann, MLaw & Society, Chapter 1 -HYPERLINK "https://uclearn.canberra.edu.au/courses/14386/files/4264947?verifier=wkwqFWL9kEone1d0Bok6lGKTl8SLuPJy0L3LCFPX&wrap=1" o "Lippman_Law and Society reading intro.pdf" t "_blank"Lippman_Law and Society reading intro.pdf

Please read this chapter (using techniques of effective reading - skimming, scanning, in-depth reading)in preparation for Tutorial 1, which starts in week 2.

Law and Society

Introduction to Law and Society

Questions for your consideration:

Definition of law1. Do you understand the relationship between values and norms?2. How do we define law?3. What is your definition of law?4. What is and what is not law in your view5. Is enforcement the crucial aspect of law?

Families of law6. Do you understand the main differences between families of laws? Why do they matter?

Functions and dysfunctions of law7. What are the functions of law in society?8. Can you provide examples that demonstrate a positive role of law in society?9. What is in your view the major social justice issue in Australia?10. Can you think of five ways the law has impacted your life in the past 24 hours?

Test your knowledge: true or false?a. Most definitions of law require that a law is an official government act that is fair and just.b. A primary difference between common law and civil law systems is that the common law is based on the opinions of judges and the civil law is based on the enactments of legislatures.c. Three of the important functions of law in society are social control, dispute resolution, and social change.d. Law can play a dysfunctional (negative) role in society and can work to the benefit of a small number of individuals; it does not always work to the benefit of the majority of citizens.e. There is no difference between an approach to the study of law that focuses on black letter legal doctrine and an approach that focuses on law and society.f. A lengthy labour strike over wages, working conditions and a plants move overseas is an example of the consensus view of law in society.

ActivityRead the two case studies at the end of your readings (on pp. 38-39 and p. 40 respectively). We will take these cases as examples to discuss (dys)functions of law and the relationship between law and society. Think about these examples application in the Australian context.