Whether as a philosopher, a lawyer, an activist, a politician, a writer, a diplomat, or a citizen, we face a global world whose enormous challenges require an ability to understand the relationship between law’s own discourse and other forms of thinking about and communicating it. From a legal point of view, the Constitution may refer to a specific document or set of documents.  But legal theorists and philosophers recognize that this institutional form is only the tip of the iceberg.  Law, as an expression of collective belonging, is constituted through images and metaphors that bring its concepts to life. As the famous frontispiece to Thomas Hobbes' classic work Leviathan depicts, ‘the body politic' is not a ready-made entity, but a complex composition from disparate elements. The problem of how legal order is generated and maintained brings it into close relationship with social, political and aesthetic forms. The shape of our collective relationship to a legal and social order is constantly being made, remade, and unmade. 
This course draws on the resources of critical theory, philosophy, aesthetics, and legal scholarship, to interrogate urgent contemporary problems pertaining to the establishment and maintenance of legal order and public identity, examining the terms on which we speak of sovereignty, democracy, rights, citizenship, and State violence.  Our interdisciplinary analysis relates these terms to the wider representational frames they inhabit; explores contemporary sites of constitution and deconstitution, including through art, media, and protest; and introduces students to relevant methods and theories.

Learning Outcomes

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

1. Define and critically analyse keywords and contemporary debates shared across the disciplines of law, legal theory, and philosophy, including sovereignty, constitution, legitimacy, democracy, exclusion, & citizenship.
2. Compare, contrast and reflect on contemporary scholarship on and critical approaches to citizenship, globalization, democracy & political sovereignty.
3. Recognise, distinguish and appraise research and methods in the fields of legal theory, contemporary philosophy and political theory, with specific reference to the case studies chosen during the course to illustrate, particularize, and interrogate these fields.
4. Understand the relationship between legal and philosophical frameworks and assumptions in the construction and delimitation of legal order in the modern world.
5. Evaluate and compare a complex variety of textual sources from a range of different disciplines and genres, and critically analyse their strategies, blind spots, problems, and effects.
6. Independently problem-solve by evaluating, planning, and executing advanced interdisciplinary scholarship and research.

Research-Led Teaching

This course is the fruit of a program of interdisciplinary teaching and research initiated by the Centre for Law Arts and Humanities. This course brings philosophies of aesthetics and the state into a dialogue wth foundational ideas about law and the constitution in Australia. It is taught equally in and by the College of Law and the School of Philosophy and is open to students enrolled in either program. The course seeks to encourage innovation, dialogue and interdisciplinary thinking.

Field Trips

Two excursions will form part of this course, the first in week 1 will take students to parliament house. The second in week 9 will involve a trip to the National Gallery. Each class will be held as much as possible in the normal lecture slot for this course and will take 2 hours. Information about travel to and attendance at these excursions will be made available to students closer to the time. Please consult the wattle page for this course for up to the minute details.

Staff Feedback

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

• Written comments
• Verbal comments
• Feedback to the whole class, to groups, to individuals, focus groups

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.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Part I: An Aesthetics of the Body Politic Imagining Australia: The Big Picture	*Visit to Parliament House, Canberra Indicative readings: Manderson Big Picture
2	Leviathan: Image and Sovereignty in the Formation of the Body Politic	Indicative readings: Hobbes, Leviathan; Skinner, Lecture
3	Colonial Imaginaries and the Social Contract	Indicative readings: Tully, Strange Multiplicity; Rousseau Social Contract
4	Aesthetics of Constitutional Life	Indicative readings: Bottici, Imaginal politics; Benjamin Work of art
5	Revolution and Foundation	*Assessment Item 1 must be completed by the end of this week Indicative readings: Derrida, Declarations of Independence; Arendt On Revolution
6	The Performativity of Legal Life	Indicative readings: Cover, Nomos and Narrative; Butler, Burning Acts
7	Part II: Tears in the Fabric Pathways to Acknowledgment	Indicative readings: Uluru Statement; Markell, Bound by Recognition
8	Reckoning With the Past: From social to civil contract	Indicative readings: Azoulay Civil Contract; Didi-Huberman, Before Time
9	Belonging?	*Visit to National Gallery of Australia Indicative readings: Foley, Biting the Clouds; Love v Cth
10	Constituent Moments: Peoples and Bodies	*Assessment Item 2 must be completed by the end of this week Indicative readings: Frank, Constituent Moments; Butler, We the People
11	Bodies and the State	Indicative readings: Roe v Wade; US Supreme Court 2022
12	Displacing the Political: The Apotheosis of Leviathan?	Brown, Undoing the Demos

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Short Essay #1	15 %	18/08/2022	05/09/2022	1,2,5
Short Essay #2	15 %	29/09/2022	17/10/2022	1,2,5
Final Research Essay	60 %	03/11/2022	01/12/2022	1,2,3,4,5,6
Class Participation	10 %	*	01/12/2022	1,2,4

* 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:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

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 Students may choose not to submit assessment items through Turnitin. In this instance you will be required to submit, alongside the assessment item itself, hard copies of all references included in the assessment item.

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 in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the program. Students are expected to attend all classes.

Assessment Task 1

Short Essay #1

Details of Task: We will ask you a question inviting you to reflect on one or more of the keywords of this course. You will be encouraged to explore the history, meaning, and application of this word(s) drawing on lectures and course materials to do so.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 15%

Release: The question or questions will be released at the start of the teaching period.

Word Limit: 600 words. Assessment must be submitted in a word processing file format (.doc, .docx). PDF files are not acceptable.

Due Date: 5pm, Thursday 18 August 2022 (Week 4) via Turnitin.

Estimated Return Date: Monday, 5 September 2022 (during the mid-semester teaching break).

Assessment Criteria: Assessment rubric available on Wattle

Assessment Task 2

Short Essay #2

Details of Task: We will ask you a question inviting you to apply the theoretical (legal, philosophical, and aesthetic) literature you have been studying to an artwork of your choice not discussed in class. A small amount of research will be required to read up about the artwork you have chosen and to think about its relation to these broader themes.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 15%

Release: The question will be released before the start of the mid-semester teaching break.

Word Limit: 600 words. Assessment must be submitted in a word processing file format (.doc, .docx). PDF files are not acceptable.

Due Date: 5pm, Thursday 29 September 2022 (Week 8) via Turnitin.

Estimated Return Date: Monday, 17 October 2022 (Week 11).

Assessment Criteria: Assessment rubric available on Wattle

Assessment Task 3

Final Research Essay

Details of Task: A selection of suggested questions to encourage you to develop your own research skills and pursue your research interests will be provided by the course convenors. You will be expected to undertake some additional research than that undertaken in class. But your essay should also relate your argument and topic to the materials and themes discussed in class and demonstrate familiarity with the major topics, ideas, and readings covered. Essays which do not engage adequately with course content will be marked accordingly. For further information about marking criteria, a marking rubric will be provided on the wattle page for this course.

If you wish to write and answer your own research question, you are strongly encouraged to do so, but ensure you consult with your convenor early in the semester. We encourage you to submit a written (100 – 200 word) abstract summarising the question you want to answer and outlining the argument and structure of your essay. This process will allow you to receive early feedback on your work and should help you produce better work.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 60%

Release: 16 September 2022

Word Limit: Approximately 2400 words. Assessment must be submitted in a word processing file format (.doc, .docx). PDF files are not acceptable.

Due Date: 5pm, Thursday 3 November 2022 via Turnitin.  Late submissions (without an extension) are permitted, but late penalties will apply. 

Estimated Return Date: Official end of semester results release date.

Assessment Criteria: Assessment rubric available on Wattle

Assessment Task 4

Class Participation

Details of Task: You will be asked to sign up to help lead (in association with other students) one week’s tutorial discussion during of the semester. You may be asked to discuss in class the readings set down for that tutorial. The class participation mark will be based on your performance at this task, but your mark may be improved in light of your participation in tutorials throughout the course.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 10%

Estimated Return Date: Official end of semester results release date.

Assessment Criteria: Assessment rubric available on Wattle

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

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.

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 not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• 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 tests or examinations.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been given an extension. Where an extension is granted, the revised due date and submission time is provided in writing. Please note that the revised due date is calculated by including weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date are penalised by 5% of the possible marks available for the assessment task per 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.

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).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students