Outline

Overview

This unit of study examines the origins and development of the Australian state and its leal system. Starting from a selection of pivotal judgements, we will examine a series of historical debates about moral and political economiy under themes of empire, state and nation, persons and markets. We will do so through a close reading of major thinkers on law and social theory, include Harold Laski, Judith Shklar, Robert Nozick and Amartya Sen. Students will use legal theory to reflect on Australian constitutional and private law, and so build on their existing doctrinal knowledge to further develop their critical reading and writing skills in relation to significant contemporary problems.

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	None
Corequisites ?	None
Prohibitions ?	LAWS5228
Assumed knowledge ?	None
Available to study abroad and exchange students	Yes

Teaching staff

Coordinator	Coel Kirkby, coel.kirkby@sydney.edu.au

Assessment

The census date for this unit availability is 31 August 2026

Details
Criteria

Type	Description	Weight	Due	Length	Use of AI
Oral exam	Research Essay Oral (60%) Research Essay Oral exam	60%	Formal exam period	15 minutes (oral)	AI prohibited
Outcomes assessed:
Conversation	Leading Discussion (20%) Leading Discussion in class	20%	Ongoing	Ongoing	AI allowed
Outcomes assessed:
Out-of-class quiz	Early Feedback Task (0%) Questions or comments on two required readings	0%	Week 03 Due date: 21 Aug 2026 at 23:59	200 words	AI allowed
Outcomes assessed:
Interactive oral	Research Essay Proposal (20%) - oral task Research Essay Proposal oral test	20%	Week 06	15 minutes	AI prohibited
Outcomes assessed:
Written work	Research Essay Proposal (0%) - written task A question, a potential response, and a list of the principal texts with which the student intends to engage.	0%	Week 06 Due date: 11 Sep 2026 at 23:59 Closing date: 25 Sep 2026	500 words	AI allowed
Outcomes assessed:
Written work	Research Essay (0%) Research essay.	0%	Week 13 Due date: 06 Nov 2026 at 23:59 Closing date: 20 Nov 2026	3000 words / 8 weeks	AI allowed
Outcomes assessed:
= hurdle task ? = early feedback task ?

Assessment summary

Contribution - Early Feedback Task (0%): Students must submit questions or comments on two required readings via Canvas by 23:59 (Sydney time) on 21 August 2026. Each contribution must be no more than 100 words.

Leading Discussion (20%): Students must lead the discussion in one seminar. In the specific seminar to which they are assigned, students are on call, which means that they should be ready to raise their own and answer others’ (including the teacher’s) questions about the required reading. Students might be directed by the teacher to lead a structured activity in the seminar to which they are assigned.

Research Essay Proposal (20%): Students must participate in a 15-minute discussion with the teacher about the research essay that they wish to write. The discussion is based on a proposal of no more than 500 words that the student must submit via Canvas no later than the day before the discussion. The proposal should set out a question, a potential response, and a list of the principal texts with which the student intends to engage. During the discussion, each student will be questioned about and given feedback on their proposal to assist them in undertaking further work on their research essay. The discussion will take place in Week 6. It will take place in person and be recorded (for the sole purpose of being used in any appeals). Students are not permitted to bring anything to the discussion other than a pen and a printed copy of their proposal.

Research Essay (0%): Each student must submit a research essay of no more than 3000 words. This essay should demonstrate critical engagement with a relevant topic of their choice based on independent research. It should build on the discussion of the Research Essay Proposal and the discussion (with the teacher). The research essay must be submitted via Canvas by 23:59 (Sydney time) on 6 November 2026. Students must then participate in the Research Essay Oral.

Research Essay Oral (60%): Students must participate in a 15-minute discussion with the teacher about their research essay. They will be questioned not only about the content of their essay but also about the process of generating it. The mark depends on both the submitted text of the essay and the discussion of it in the oral exam. The discussion will take place in person during the formal exam period for Semester 2 (16-28 November 2026). It will be recorded (for the sole purpose of being used in any appeals). Students are not permitted to bring anything to the discussion other than a pen and a printed copy of their essay.

NOTE: This assessment is designated as a HURDLE TASK. This means you must undertake the assessment and achieve a mark above a minimum standard. Students who fail to achieve a minimum standard of 30/60 in this assessment, even when their aggregate mark for the entire unit is above 50%, will be given a Fail grade for the unit. As a result, the student's academic transcript will show a fail grade and the actual mark achieved if between 0-49 and a fail grade and a capped moderated mark of 49 for all other marks.

Word-limits: The total word-count for written work excludes the title-page, citations in footnotes, any bibliography, and any acknowledgement of permissible assistance from editors, automated writing tools or generative AI, but it includes everything else, such as headings, sub-headings, quotations (including epigraphs) and, even if it does not seem substantive, anything other than citations in footnotes. Failure to comply with the word-limit is penalised at a rate of 10% of the total mark for the assessment for every 100 words in excess of the limit. A research essay of 3099 words, for example, will not be penalised, but an essay of 3100 words will lose six marks. Penalties for excessive length will be strictly applied. Any penalty will be applied to the mark for the Research Essay Oral.

Referencing: When citing material in written work, students should rely consistently on an accepted method, such as that specified in The Australian Guide to Legal Citation (4th ed).

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate. Special Consideration is not available for the Early Feedback Task.

Assessment requirements to pass a unit of study: A student must make a genuine attempt at all assessment tasks (not including the Early Feedback Task, which is a diagnostic tool and is not included in the grade for the unit) in order to obtain a Pass mark and grade (or above) for this Unit of Study. If a student fails to make a genuine attempt at one or more of the assessment tasks, an Absent Fail grade will be recorded as the student’s result for this Unit of Study. A student must also obtain at least a Pass mark and grade for the Research Essay Oral (60%) in order to obtain a Pass mark and grade (or above) for this Unit of Study. As the EFT is an early diagnostic tool, this task is not included in the final grade for the unit.

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.

Use of generative artificial intelligence (AI)

You can use generative AI tools for open assessments. Restrictions on AI use apply to secure, supervised assessments used to confirm if students have met specific learning outcomes.

Refer to the assessment table above to see if AI is allowed, for assessments in this unit and check Canvas for full instructions on assessment tasks and AI use.

If you use AI, you must always acknowledge it. Misusing AI may lead to a breach of the Academic Integrity Policy.

Visit the Current Students website for more information on AI in assessments, including details on how to acknowledge its use.

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. Penalties for late submission will be applied strictly, subject to a 5 minute grace period.

Academic integrity

The University expects students to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

Our website provides information on academic integrity and the resources available to all students. This includes advice on how to avoid common breaches of academic integrity. Ensure that you have completed the Academic Honesty Education Module (AHEM) which is mandatory for all commencing coursework students

Penalties for serious breaches can significantly impact your studies and your career after graduation. It is important that you speak with your unit coordinator if you need help with completing assessments.

Visit the Current Students website for more information on AI in assessments, including details on how to acknowledge its use.

Learning support

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 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. 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

Weekly schedule

WK	Topic	Learning activity
Week 01	Out of Empire	Lecture (4 hr)
Week 02	The States and the Nation	Lecture (4 hr)
Week 03	Capital and Labour	Lecture (4 hr)
Week 04	Neighbours and Labourers	Lecture (4 hr)
Week 05	Individuals and Families	Lecture (4 hr)
Week 07	Corporations	Lecture (4 hr)
Week 08	Democracy and Rights	Lecture (4 hr)
Week 10	Freeing Trade	Lecture (4 hr)
Week 11	Commerce and Contract	Lecture (4 hr)
Week 12	The Future of the Commonwealth. Completion of the student feedback survey for this unit of study.	Lecture (4 hr)

Attendance and class requirements

Attendance: All students are required to attend 70% of class hours [i.e. leaving an hour into a two hour lecture will not count as attending that lecture] to satisfy the pass requirements for this unit. Failure to meet this requirement will result in an Absent Fail grade being recorded as the student’s result for this unit (see The University of Sydney Law School Resolutions: Coursework Awards cl 11).

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

Weekly readings provided in Canvas.

Learning outcomes

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.

Outcomes
Graduate qualities

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

LO1. Analyse and synthesise theories of the state and legal philosophy.
LO2. Evaluate and apply critiques of the modern capitalist state to the Australian constitution.
LO3. Evaluate and apply different theorists of law and the state, and so further develop critical reading and writing skills to interpret and transmit knowledge in an essay format.
LO4. Apply relevant research methodologies to the creation of logically structured legal arguments concerning The Commonwealth and the common law , communicating these effectively to diverse audiences.

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
Learning outcomes

Responding to student feedback

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

Assessment has been changed.

Disclaimer

Important: the University of Sydney regularly reviews units of study and reserves the right to change the units of study available annually. To stay up to date on available study options, including unit of study details and availability, refer to the relevant handbook.

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

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Use of generative artificial intelligence (AI)

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Support for students

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

LAWS3528: The Commonwealth and the Common Law

Semester 2, 2026 [Normal day] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Use of generative artificial intelligence (AI)

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Support for students

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links