Legal education generally relies upon two unsustainable demarcations: first, it separates law from politics and economics and, secondly, it treats legal fields (contracts, constitutional law, property etc) separately from each other. Generally speaking, private law is equated with ‘economics’ and public law with ‘politics’. These demarcations are neither intellectually rigorous nor practically useful. For that reason, the proposed course aims to bridge these gaps. It will offer our students an opportunity to bring together different strands of their studies, including public and private as well as domestic and international law. In so doing, the course will invite students to think about how law creates the concepts and institutions that sustain economic production and circulation in Australia and globally. Additionally, it will give students the tools to understand the changing ideas about the relationship between law and political economy that have underpinned common law legal systems for the past 150 years.

Learning Outcomes

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

1. Investigate, explain and apply the frameworks of law and political economy covered in the course.
2. Explore and critically analyse some of the current controversies and trends in the areas of law and political economy.
3. Critically reflect on the evolution of economic thought and the ways it has interacted with law in Australia and overseas.
4. Synthesise, investigate and interpret the policy issues arising from the topics covered.
5. Select and apply a range of approaches to written and oral communication, and hypothesise solutions to complex problems in economic regulation.

Research-Led Teaching

Dr Ntina Tzouvala has a sustained interest in questions of law and political economy. In particular, her work focuses on the political economy of international law and the ways the field interacts with global capitalism and imperialism.

Dr Will Bateman researches the legal regulation of public and private finance, with a special focus on central banking, sovereign debt markets, national budget formulation and sustainable investing.

Field Trips

N/A

Additional Course Costs

N/A

Required Resources

This course will not rely on one textbook. The core readings will be made available in advance and will be accessible online on wattle.

Recommended Resources

Whether you are on campus or studying remotely, there are a variety of online platforms you will use to participate in your study program. These could include videos for lectures and other instruction, two-way video conferencing for interactive learning, email and other messaging tools for communication, interactive web apps for formative and collaborative activities, print and/or photo/scan for handwritten work and drawings, and home-based assessment.

ANU outlines recommended student system requirements to ensure you are able to participate fully in your learning. Other information is also available about the various Learning Platforms you may use.

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). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

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

Distribution of Grades Policy: https://law.anu.edu.au/current-students/policies-procedures/grading

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 Law and Political Economy	This session will introduce the students to the questions and methods of law and political economy. We will discuss foundational questions such as: what is the role in the production and distribution of wealth both domestically and internationally?
2	American Legal Realism and the Rise of the Welfare State	In this session we will discuss the legal battles that accompanied the rise of state interventionism and the welfare state in the United States. We will try to understand: if there was an intrinsic relationship between laissez-faire economic liberalism and legal formalism; the main contributions of American legal realists; whether legal realism can be a useful tool in the context of Australian law.
3	Parliamentary Socialism and Legal Positivism	The judiciary, and the rule of law, were seen as a serious threat to the welfare state’s viability: more concerned with protecting private capital and the class structures it supported than the re-distributive aims of welfare legislation. We explore those developments in this session studying the legal foundations of the welfare state and the political economy of prominent constitutional legal thinkers.
4	The (Successful) Neoliberal Challenge to the Welfare State	Between 1950-1980, core pillars of the welfare state were attacked by economists and jurists who argued that state-provided welfare was a threat to freedom and incompatible with the rule of law. We will study the core political and legal theories that motivated those attacks and try to understand why the neoliberal opposition to the post-War welfarism was largely successful.
5	The (Failed) Left-Wing Challenge to the Welfare State	The welfare state and its legal edifice was not only challenged from the right, but also from the left. In this session we will revisit some of these challenges and trying to decipher their specific jurisprudential interventions. Did the welfare state produce forms of legality that were inherently arbitrary and authoritarian? Were welfare laws inherently (as opposed to contingently) exclusionary of women, people of colour and migrants?
6	Money, Democracy and the Rule of Law	Money is the backbone of capitalism, but its legal nature is contested and obscure. State agencies, central banks and treasuries, issue “public money” and control the issue of “private money” by commercial banks and financial firms. In this session, we will explore the legal fundamentals of “money creation”, the democratic bona fides of the “monetary system” and the applicability of the “rule of law” as a principle of economic management
7	Financial Crises, Austerity and Liberal Constitutionalism	When financial systems fail, governments spend huge amounts of money to support commercial banking businesses. Bank bail-outs lead to very large withdrawals of the state from welfare provision, with heavy impacts on the lives of ordinary people. Often those bailouts are impossible to obtain through the ordinary institutional channels and are delivered covertly. In this session we will learn about the most recent case study of this phenomenon: the Global Financial Crisis (2007-2009).8
8	Do the Banks Always Win?	Banks appear to be largely immune to legal and social standards that apply to other enterprises and individuals. Investigations following the Global Financial Crisis and in the Australian Royal Commission into Financial Service exposed widespread illegality at the heart of the credit system. This week we will investigate a key theory regarding the operation of legal norms to the banking sector and an Australian case study demonstrating the difficulties of applying legal norms to banks that constrain their financial power.
9	Law and Political Economy beyond the State: International Investment Law	At least since the 19th century and certainly nowadays, neither law nor political economy are confined within the borders of the nation-state. In particular, we focus on the rise and present crisis of international investment law and, in particular, of investor-state dispute settlement. We will examine its origins and justifications as well as its impact on the global distribution of wealth and risk.
10	Law and Political Economy beyond the State: the War on Terror	This session aims to illustrate the fact that a political economic analysis may be useful tool even regarding legal fields that are not obviously related to economics and distribution. To do so, we will focus on the global ‘war on terror’ that has been unfolding since 9/11. We will discuss to what extent the economic imperatives of the war have influenced the ways in which the law is used, interpreted and developed.
11	Law and Political Economy in Settler Colonies	In this session we will focus on the particularities of law and political economy in settler colonial contexts. We will examine how law engineered Indigenous dispossession and the mechanisms through which it continues to do so. Additionally, we will try to understand whether contemporary forms of recognition have rectified or deepened (or both) the mal-distributive effects of settler colonialism.
12	Revision and Assessment Preparation	In this concluding session we will bring together the different threads of the course and discuss strategies for writing clearly and persuasively about law and political economy.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Case Note	30 %	24/03/2022	08/04/2022	1,3,4,5.
Research Essay	70 %	08/06/2022	*	1,2,3,4,5.

* 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 Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Guideline and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

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 Academic Skills 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 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

Case Note

Brief Description: Students are asked to put together a case note. The note will summarise a case of their choice, and analyse it from a law and political economy perspective. Students are expected to deploy one or more of the law and political economy approaches discussed in class in Weeks 1 to 5.

Nature of Task: Compulsory.

Weighting: 30%

Word Limit: 1,200 words

Due date: 5:00 pm Thursday 24 March 2022

Estimated return date: Friday 8 April 2022

Assessment Criteria: Students will be evaluated based on the accuracy of the case summary, their understanding of the applied approach(es), their ability to synthesise theory and doctrine, and their style and presentation.

Assessment Task 2

Research Essay

Brief Description: Students are asked to select either a topic in consultation with the course convenor or one of the pre-set topics and to conduct independent research on this topic. The research essay may focus on any issue of law and political economy, broadly conceived. The research essays will be evaluated based on the breadth and quality of independent research, their originality, the exhibited understanding of doctrine and theory, as well as style and presentation

Nature of Task: Compulsory.

Weighting: 70%

Word Limit: 3,000 words

Due date: 5:00 pm Wednesday 8 June 2022

Estimated return date: Official end of semester results release date via Turnitin. 

Assessment Criteria: The research essays will be evaluated based on the breadth and quality of independent research, their originality, the exhibited understanding of doctrine and theory, as well as style and presentation.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

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 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

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material.

Returning Assignments

As all assessment will be submitted online, all marks and feedback will also be provided online, instantaneously, in the case of the online quizzes, or on the return dates listed above, in the case of the essay and final take home examination.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted 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 Access 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