• Class Number 8611
  • Term Code 2970
  • Class Info
  • Unit Value 6 units
  • Mode of Delivery In Person
  • COURSE CONVENER
    • Prof Andrew Harding
  • LECTURER
    • Prof Andrew Harding
  • Class Dates
  • Class Start Date 11/11/2019
  • Class End Date 06/01/2020
  • Census Date 22/11/2019
  • Last Date to Enrol 11/11/2019
SELT Survey Results

This course introduces students to the legal systems and legal traditions of South East Asia in the context of their plural societies, and considers the relationship between law, governance and development in the region over the span of modern history, with an emphasis on current issues in law and society.
 
The course will cover key literature and pressing issues concerning law, governance and development (and the development of law) in the region, including:
 
• pre-colonial, colonial and post-colonial law, including customary and religious law, and the impact of these on law and society at the present time;
• the influence of legal transplants, state-building, and development initiatives;
• critical consideration of theoretical frameworks used to make sense of a diversity of social, economic and political conditions in the region;
• key issues relating to constitutionalism and nation-building, including representative democracy, and political movements;
• domestic challenges such as ethnic and sectarian conflict;
• the role of law in bringing socio-economic change in the developmental states of the region.
 

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

  1. Analyse and explain the contemporary shape and historical evolution of the legal systems and constitutional structures of South East Asian states;
  2. Critically analyse South East Asian laws and explain the role of legal institutions in achieving justice and development in the region;
  3. Assess, distinguish and critically evaluate contemporary academic and policy debates about ‘legal pluralism’, ‘legal traditions’, ‘legal transplants’, ‘good governance’, ‘rule of law’, and ‘constitutionalism’; and
  4. Access South East Asian legal materials and employ a variety of tools and methodological approaches useful for legal research on the subject.
  5. Plan and execute complex legal research with independence in order to produce original scholarship on issues relating to law and society in South East Asia.

Additional Course Costs

This course is an intensive course taught at the ANU Acton Campus in Canberra. Students will need to cover costs associated with travel, accommodation, meals etc, if attending from out of State.

Required Resources

Will be made available on the course Wattle site.

Staff Feedback

Students will be given feedback in the following forms in this course:

  • written comments
  • verbal comments
  • feedback to whole class, groups, individuals, focus group etc

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

Extensions late submission and penalties: https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Special consideration: http://www.anu.edu.au/students/program-administration/assessments-exams/special-assessment-consideration

Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties

Further Information about the Course: is available from the course WATTLE page. Students are required to access the WATTLE site regularly throughout the course for any announcements relating to the course.

Class Schedule

Week/Session Summary of Activities Assessment
1 Introduction to SE Asian laws and SE Asian societies
2 Approaches, epistemology, tools, and general issues in law and society in SE Asia
3 Pre-colonial and colonial legal systems in SE Asian legal histories
4 Nationalism, globalism, and post-colonial law in SE Asia
5 Constitutional development in post-cold-war SE Asia
6 Legal aspects of religion, ethnicity, and conflict in SE Asia
7 Rule of law and development in SE Asia
8 Legal change and democratisation in SE Asia now

Assessment Summary

Assessment task Value Due Date Return of assessment Learning Outcomes
Class participation 10 % 15/11/2019 22/11/2019 1,2,3
Course essay 90 % 06/01/2020 27/01/2020 1,2,3,4

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the ANU Online website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

For all courses taught face-to-face in intensive mode, the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the graduate program and students are required to attend ALL classes (and all of each class).

In exceptional circumstances, a student may be granted permission by the Course Convenor, in consultation with the Stream Convenor or Director, LLM Program, to miss some classes, provided:

a.      it does not exceed a maximum of 25% of the classes;

b.      permission is requested in advance; and

c.       the request is supported, where appropriate, by adequate documentation.

Failure to comply with this policy may result in a student receiving the grade of NCN (non-complete fail). The normal pressures of work or planned personal trips do not constitute exceptional circumstances to justify an exemption from full compliance of this policy.

Assessment Task 1

Value: 10 %
Due Date: 15/11/2019
Return of Assessment: 22/11/2019
Learning Outcomes: 1,2,3

Class participation

Nature of Task: Classes in this course are structured very much as a conversation between the lecturer and students, and between the students themselves. This form of conversation is designed to encourage reflection and criticism, such that those skills might also be applied to the other assessment tasks and further the student’s knowledge of, and engagement with, the course materials. The Class Participation marks assess students’ in-class engagement with the material, with each other, and with the lecturer, over the 4-day course. The lecturer will take notes on students’ contributions to class and engagement with the course.

Assessment Criteria:

a) Preparation and understanding of the material

  • Consulting and reading pre-assigned materials in advance of the lectures/seminars
  • linking material between various aspects of the class and different lectures

b) Thinking critically about the material

  • Looking at questions from different angles
  • questioning assumptions
  • use of language

c) Expressing ideas clearly

  • So that other students and the instructor can understand them
  • Use of relevant examples

d) Engaging with other students in the discussion

  • Including encouraging others to speak
  • responding to what other have said
  • being respectful for a range of views and opinions

Assessment Task 2

Value: 90 %
Due Date: 06/01/2020
Return of Assessment: 27/01/2020
Learning Outcomes: 1,2,3,4

Course essay

Nature of Task: Compulsory. If a student does not submit this task they will receive a mark of 0 for the task. The course essay will be selected from a list of five questions which will be notified before the end of the course. Students will have an opportunity to request for inclusion of questions in which they have a particular interest, subject to the convenor’s approval by 15 November 2019.

Word limit: 6000 words

Release: Students will have an opportunity to request for inclusion of questions in which they have a particular interest, subject to the convenor’s approval by 15 November 2019.

Due date: 6 January 2020.

Assessment Criteria:

Understanding of the Issues

  • addresses the question and covers all the important points
  • evidence of close consideration of the question and the research materials drawn on
  • issues raised by the topic are clearly and concisely identified
  • material chosen relates clearly to the topic and is analysed not just summarised or quoted extensively

Communication and Development of Arguments

  • clear theme or argument
  • arguments logical and well-organised
  •  ideas/paragraphs linked coherently

Argument/Analysis

  • originality of ideas and critical analysis of the material
  • complexity and insight in dealing with theory/ideas
  • suggestions for change where appropriate
  • interdisciplinary perspective where appropriate
  • addressing opposing arguments
  • well-reasoned conclusions

 Research

  • research covering relevant materials
  • good organisation of sources and ability to synthesise all the research materials used
  • use of theoretical material where appropriate
  • range of research sources
  • integration of material from research resources into the essay

Presentation, style and referencing

  • good use of structure, section headings and paragraphs
  • clarity and conciseness of expression, interesting and engaging of reader
  • use of appropriate terminology and correct grammar, syntax and spelling
  • full and accurate footnotes together with a bibliography
  • style according to Australian Guide to Legal Citation
  • adherence to word limit

Academic Integrity

Academic integrity is a core part of our culture as a community of scholars. At its heart, academic integrity is about behaving ethically. This means that all members of the community commit to honest and responsible scholarly practice and to upholding these values with respect and fairness. The Australian National University commits to embedding the values of academic integrity in our teaching and learning. We ensure that all members of our community understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with. The University has policies and procedures in place to promote academic integrity and manage academic misconduct. Visit the following Academic honesty & plagiarism website for more information about academic integrity and what the ANU considers academic misconduct. The ANU offers a number of services to assist students with their assignments, examinations, and other learning activities. The Academic Skills and Learning Centre offers a number of workshops and seminars that you may find useful for your studies.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

  • Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item. Late submission is not accepted for take-home examinations.

Referencing Requirements

Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. The Course Convener may grant extensions for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

Prof Andrew Harding
lawajh@nus.edu.sg

Research Interests


Comparative law, law and society, Asian law, constitutional law

Prof Andrew Harding

By Appointment
Prof Andrew Harding
+61 2 6125 3483
lawajh@nus.edu.sg

Research Interests


Prof Andrew Harding

By Appointment

Responsible Officer: Registrar, Student Administration / Page Contact: Website Administrator / Frequently Asked Questions