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Unit of study_

LAWS3500: Law, Morals and Politics

Semester 1, 2024 [Normal day] - Camperdown/Darlington, Sydney

This unit provides an analysis of the connections, disconnections and tensions between law, morality and politics in modernity, with a focus on contemporary liberal democratic societies. It employs methodologies and concepts derived from critical social theory and philosophy including those of Kant, Hegel, Marx, Weber, radical feminism, Frankfurt School critical theory (Habermas & Honneth) and French post-structuralism (Foucault and Derrida).

Unit details and rules

Unit code LAWS3500
Academic unit Law
Credit points 6
Prohibitions
? 
LAWS5200
Prerequisites
? 
None
Corequisites
? 
None
Assumed knowledge
? 

None

Available to study abroad and exchange students

Yes

Teaching staff

Coordinator Robert Shelly, robert.shelly@sydney.edu.au
Type Description Weight Due Length
Assignment Long-release final essay (70%)
Final research essay
70% STUVAC
Due date: 02 Jun 2024 at 23:59

Closing date: 04 Jul 2024
4500 words / 9 weeks
Outcomes assessed: LO1 LO2 LO3
Assignment Mid semester assignment (30%)
Essay questions
30% Week 05
Due date: 21 Mar 2024 at 23:59

Closing date: 04 Apr 2024
1500 words / 3 weeks
Outcomes assessed: LO1 LO2 LO3

Assessment summary

1. Mid semester assignment (30%) - 1500 words. The Questions will be given out in class on Week 2, and will be available in Canvas. The questions are tied specifically to the material discussed in class from Weeks 1-4 and are designed to elicit a reflective and critical response to this material.
The mid-semester assignment is due at 11.59pm on 21 March 2024 Sydney, Australia time.
 

2. Final essay (70%) - 4500 words. The Essay questions will be issued in Week 5 via Canvas. These are research essays specific to the unit of study content. They call for a critical understanding of specific topics discussed in the unit now taken to a deeper level via research.
The final essay is due at 11.59pm on 2 June 2024, Sydney, Australia time.

 

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate. 

Word limit penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will include/exclude all footnotes and any bibliography (if required).  

Use of editors and automated writing tools: The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking).

Assessment requirements to pass a unit of study: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study. 

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2021 (Schedule 1). 

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

  • Completely answers the question.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research (where independent research required).
  • Exceptionally well written, structured and expressed.
  • Is otherwise exceptional in some way.

Distinction

75 - 84

  • Completely answers the question.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research and analysis to support a well-documented argument.
  • Generally well expressed and free from errors.
  • Has a clear structure and is well articulated.

Credit

65 - 74

  • Covers main issues fairly well in answering the question.
  • Contains no significant errors.
  • Demonstrates an attempted critical approach to the issues.
  • Demonstrates reasonably sound research and analysis in addressing the key issues.
  • Has a clear structure and reasonably clear expression.

Pass

50 - 64

  • Identifies the key issues, but does not follow through with a reasoned argument.
  • Contains some significant errors.
  • Displays satisfactory engagement with the key issues.
  • Offers a descriptive summary of material relevant to the question.
  • Superficial use of material, and may display a tendency to paraphrase.
  • Demonstrates little evidence of in-depth research or analysis.
  • Adequate expression.
  • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.

Fail

0 - 49

  • Does not answer the question.
  • Contains significant or numerous errors.
  • Few or no identifiable arguments.
  • Content that is inappropriate or irrelevant.
  • Lack of research or analysis.
  • Difficult or impossible to understand through poor grammar, expression or structure.
  • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, without an approved extension, will attract a penalty of 10% of the total marks available for the piece of assessment per 24 hours or part thereof, after the due time on the due date. For example, a submission after the due time but before the same time the following day will attract a 10% penalty.

Academic integrity

The Current Student website  provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.  

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

You may only use artificial intelligence and writing assistance tools in assessment tasks if you are permitted to by your unit coordinator, and if you do use them, you must also acknowledge this in your work, either in a footnote or an acknowledgement section.

Studiosity is permitted for postgraduate units unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Support for students

The Support for Students Policy 2023 reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy 2023. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

WK Topic Learning activity Learning outcomes
Week 01 1. Modernity and the Problem of Law (Weber); 2 The early Marx on law and false consciousness Seminar (4 hr) LO1 LO2 LO3
Week 02 1. The radical critique of liberalism and civil and political rights; 2. Law as alienation Seminar (4 hr) LO1 LO2 LO3
Week 03 1. Historical materialism and law; 2. Marx and Engels on justice Seminar (4 hr) LO1 LO2 LO3
Week 04 1. Marx and Pashukanis on law and commodification; 2. Habermas and the contemporary internal critique and corrective to Marx Part 1: law and practical reason Seminar (4 hr) LO1 LO2 LO3
Week 05 1. Habermas Part 2: practical reason, law and democracy; 2. The rule of law as a socio-historical constellation Part 1: liberalism and the welfare state Seminar (4 hr) LO1 LO2 LO3
Week 07 1. The rule of law Part 2: neo-liberalism and globalisation; 2. Axel Honneth Part 1: misrecognition and justice Seminar (4 hr) LO1 LO2 LO3
Week 08 1. Honneth Part 2: freedom and justice; 2. The radical feminist critique of the rule of law Part 1: Carol MacKinnon Seminar (4 hr) LO1 LO2 LO3
Week 10 1. The feminist critique Part 2: Carol Gillligan; 2. The feminist critique Part 3: Drucilla Cornell Seminar (4 hr) LO1 LO2 LO3
Week 11 1. The feminist critique Part 4: Nancy Fraser; 2 Jacques Derrida and the deconstructive critique of law Seminar (4 hr) LO1 LO2 LO3
Week 12 1. Michel Foucault Part 1: the genealogical critique of the rule of law; 2. Foucault Part 2: governmentality and the rule of law Seminar (4 hr) LO1 LO2 LO3

Attendance and class requirements

Attendance: All students are required to attend at least 70% of classes to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from submitting the final assessment. 

For units offered in Intensive mode, participation in all scheduled sessions may be expected by a Unit Coordinator in order to satisfy the requirements of the unit. 

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at Referencing and Citation Styles: AGLC4  

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

Please refer to the Reading List in Canvas for prescribed readings for each topic.

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. identify and describe the interconnections of law, morality, and politics in liberal-democratic societies through critical reflection.
  • LO2. Evaluate the interplay between law, morality, and politics in liberal-democratic societies using critical analysis.
  • LO3. Communicate complex interrelationships between law, morality, and politics in liberal-democratic societies through advanced research.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

A number of changes have been made since this unit was last offered to reflect the changed emphasis to the critical theoretical reflection upon law, morality and justice in contemporary societies.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.