In contrast to classical jurisprudence critical theory asserts that law is the reflection of the political values. It examines the how law is connected to contemporary political issues, among others, including those related to gender, sexual orientation, race, environment and economics. This course introduces major concepts, questions and perspectives that are important for a critical engagement with the problem of law in contemporary life. It questions the importance and meaning of being 'critical' and interrogates the relationship between law and justice. By following a set of topics fundamental for critical theory the course eflects on the problems of sovereignty, subjectivity, violence, judgment or the nature of government. By applying these critical legal perspectives to a range of contemporary problems and situations the course will show the relevance of critical theory to contemporary study of law and equip the students with the ability to deal with theoretical questions pertaining to issues such as biotechnology, social media, political protest, interdisciplinarity, human rights, social equality or refugee law. This course will review the thought and concepts of the most important critical figures in Western philosophy including Karl Marx, Antonio Gramsci, Giorgio Agamben, Michel Foucault or Jacques Derrida.
Learning Outcomes
Upon successful completion, students will have the knowledge and skills to:
- Synthesise and review central concepts, principles, and debates of contemporary critical legal theory.
- Distinguish between and investigate the relationship between normative and critical legal theories.
- Critically evaluate existing legal concepts, practices, techniques and phenomena.
- Critically interpret and reflect on the role of law in modernity and the way modern law shapes contemporary legal, political and cultural relations.
- Investigate the place of law among other academic disciplines, practices and concepts.
- Plan and execute an independent research essay.
Indicative Assessment
- Research essay (5,000 words) (70) [LO 2,3,4,5,6]
- Reflective journal covering research methodologies 20% (20) [LO 1,2]
- Preparation of discussion group 10% (10) [LO 4,5]
In response to COVID-19: Please note that Semester 2 Class Summary information (available under the classes tab) is as up to date as possible. Changes to Class Summaries not captured by this publication will be available to enrolled students via Wattle.
The ANU uses 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. While the use of Turnitin is not mandatory, the ANU highly recommends Turnitin is used by both teaching staff and students. For additional information regarding Turnitin please visit the ANU Online website.
Workload
Classes offered during semester periods are expected to have 3 contact hours per week.
Classes offered in non-standard sessions will be taught on an intensive base with compulsory contact hours (approximately 26 hours of face to face teaching). The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours.
Click here for the LLM Masters Program timetable.
Inherent Requirements
Not applicable
Requisite and Incompatibility
Prescribed Texts
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately 2 weeks prior to the commencement of the course.
Preliminary Reading
Peter Gabel and Paul Harris, ‘Building Power and Breaking Images: Critical Legal Theory and the Practice of Law’ (1982-83) 11 NYU Review of Law and Social Change 369, 372-4.
Mari J. Matsuda, ‘Looking to the bottom: Critical legal studies and reparations.’ Harv. Cr-cll rev. 22 (1987): 323.
Fees
Tuition fees are for the academic year indicated at the top of the page.
If you are a domestic graduate coursework or international student you will be required to pay tuition fees. Tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.
- Student Contribution Band:
- 3
- Unit value:
- 6 units
If you are an undergraduate student and have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). You can find your student contribution amount for each course at Fees. Where there is a unit range displayed for this course, not all unit options below may be available.
| Units | EFTSL |
|---|---|
| 6.00 | 0.12500 |
Course fees
- Domestic fee paying students
| Year | Fee |
|---|---|
| 2020 | $4320 |
- International fee paying students
| Year | Fee |
|---|---|
| 2020 | $5760 |
Offerings, Dates and Class Summary Links
ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.
