Unit outline_

LAWS5229: Australian Critical Legal Theory

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

Critical legal studies is at the forefront of the development of legal theory and philosophy. Despite the term having a broad meaning and encompassing many disparate traditions, at its core it examines law as a social, political, and cultural phenomena and turns away from doctrinal conceptions which frame law as neutral, objective, and scientific. Traditional tellings of critical legal studies focus on post-structural thought in Europe and the civil rights movement the United States. But what might an Australian critical legal studies look like? This unit revives the essential traditions of critical legal theory, by moving away from traditions developed in Europe and North America, to instead journey critically through the legal theoretical traditions that came from and came to Australia. It does this in a concentric way commencing with critical traditions in First Nations’ conceptions of law, before moving to Pacific conceptions, Islamic conceptions, Dutch conceptions, and, finally, English conceptions of law and power. The unit engages in a method of close reading and critical discussion, reading fewer texts but reading them together with deep reflection, feeling, and debate

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
None
Corequisites
? 
None
Prohibitions
? 
LAWS3529
Assumed knowledge
? 

None

Available to study abroad and exchange students

Yes

Teaching staff

Coordinator Sarouche Razi, sarouche.razi@sydney.edu.au
The census date for this unit availability is 31 August 2026
Type Description Weight Due Length Use of AI
Contribution Structured Class Participation (10%)
On-going in-class, small and continuous assessment
10% Multiple weeks On-going AI allowed
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6
Out-of-class quiz Early Feedback Task Early Feedback Task (0%)
Out-of-Class Quiz
0% Week 02
Due date: 16 Aug 2026 at 23:59
10 Multiple-choice Questions Quiz AI allowed
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6
Written work Research Essay Plan (10%)
Research Essay Plan
10% Week 04
Due date: 30 Aug 2026 at 23:59

Closing date: 13 Sep 2026
500 words / 4 weeks AI allowed
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6
Presentation Oral Presentation (20%)
Oral presentation in class
20% Week 10 10-15 minute presentation / 10 weeks AI allowed
Outcomes assessed: LO1 LO2 LO3 LO5 LO6
Written work Research Essay (60%)
Research Essay
60% Week 11
Due date: 25 Oct 2026 at 23:59

Closing date: 08 Nov 2026
4,500 words / 8 weeks AI allowed
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6
early feedback task = early feedback task ?

Assessment summary

Early Feedback Task (0%)
This unit includes an Early Feedback Task that is designed to provide students with timely insights into their understanding and engagement with the unit content. The Early Feedback Task in this unit will be a 10 multiple-choice questions online quiz based on the readings in weeks 1 and 2. The task will be available on Canvas at 5:00PM on Friday 14 August 2026 to Sunday 16 August 2025 at 11:59PM (Sydney Australia Time). Students will be provided with immediate automated feedback upon completion of the task. 

Structured Class Participation (10%)
Students will be assigned a topic during Week 1 of the semester. Students will be “on-call” meaning they will be asked to lead, facilitate, and otherwise guide the discussion. To successfully demonstrate participation, students will need to complete the required readings on the topic before the relevant seminar and prepare one or two questions as a prompt to classmates. Further instructions on requirements and marking criteria for participation will be available via Canvas. 

Oral Presentation (20%)
The Presentation asks students to prepare an oral presentation on their research-in-progress identifying the methodology used, the key aspects of their argument, and the challenges they have found working through their research question. The 10-15 minutes presentation will be delivered in individual or panel format. The presentations will be held in Week 10 which will give students an opportunity to workshop problems in their paper before their final submission. Further instructions will be provided in class.

Research Essay (70%)
There are two [2] components to the research essay. Students must complete both parts: 

  1. Complete a 500-word Essay Plan(10%) identifying the key aspects of the argument (2-3 points that the essay will make), describe their methodology and case study, list key sources that will be used, and briefly summarise [any relevant counterarguments or] perspectives to be discussed. The Essay Plan is due at 11.59PM on Sunday 30 August 2026 (Sydney, Australia Time) and must be submitted via Canvas. The Essay Plan will be assessed holistically, together with the research essay itself.
  2. Complete a 4,500-word Research Essay (60%)(including footnotes) based on the submitted Essay Plan. The essay is due at 11.59PM on Sunday 25 October 2026 (Sydney, Australia Time). The essay must be submitted via Canvas. There is no prohibition on including text in the final essay that was drawn from or elaborates on the earlier submitted research plan.

 

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 all footnotes and any bibliography (if required), and exclude acknowledgements of assistance from editors, automated writing tools or generative AI (where use is permitted). 

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. A link to the library website where this is set out comprehensively is available at Referencing and Citation Styles: AGLC4. 

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

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. 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 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. 

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.

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

WK Topic Learning activity Learning outcomes
Week 01 Topic one: Reading against the grain: how to read law critically Seminar (3 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 02 Topic two: Whose country are you on? First Nations Critical Approaches to Law Seminar (3 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 03 Workshop: legal methodology in critique and writing skills Seminar (3 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 04 Topic three: Australia in the Pacific: Pacific Critical Approaches to Law Seminar (3 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 05 Topic four: Makassan trepang trade, Islam and reciprocity: Islamic Critical Approaches to Law Seminar (3 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 06 Topic five: The Dutch East India Company, Australia, and International European Law Seminar (3 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 07 Topic six: Invasion: Introduction of English law through settlers, prison and police Seminar (3 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 08 Topic seven: Counter-currents in Australian law: unions and collective action Seminar (3 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 09 Topic seven: counter-currents in Australian law: protest and activism Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 10 Workshop: oral presentation of papers in progress Seminar (3 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 11 Topic eight: European critical legal theory: modernity and post-structuralism Seminar (3 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 12 Topic nine: American critical legal theory: intersectionality, critical race theory, queer and feminist approaches to law Seminar (3 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 13 Topic ten: Australian critical legal theory today. Completion of student feedback survey for this unit of study. Seminar (3 hr) LO1 LO2 LO3 LO4 LO5 LO6

Attendance and class requirements

Attendance: All students are required to attend 70% of classes 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

A list of readings will be provided via Canvas.

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. Critically evaluate the key tenets and intellectual foundations of the Critical Legal Studies movement, including contributions from First Nations perspectives, Pacific, Islamic, Dutch, and English traditions.
  • LO2. Analyse the impact of Critical Legal Studies on law and politics, public and private, and self and other, with a focus on Australian contexts.
  • LO3. Apply relevant legal research methodologies to synthesize diverse primary and secondary sources that examine philosophical, social, and political theories underpinning Critical Legal Studies.
  • LO4. Assess the reasons for the decline of the Critical Legal Studies movement and the emergence of post-critical legal theories, particularly in the Australian context.
  • LO5. Formulate and justify potential new approaches to legal theory that address contemporary global and social justice issues, using sound, logically constructed arguments.
  • LO6. Investigate the contemporary influence of Critical Legal Studies on current legal practices and reforms in Australia, with particular reference to First Nations perspectives.

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.

The Early Feedback Task has been added.

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.