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:

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

1. Define and critically analyse keywords and contemporary debates shared across the disciplines of law, critical legal theory, and philosophy.
2. Compare, contrast and reflect on contemporary scholarship in and critical approaches to constitutions, citizenship, globalization, democracy and 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.

Field Trips

Week 1 Parliament House

Required Resources

see WATTLE

Recommended Resources

see WATTLE

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	Please refer to WATTLE site for detailed week by week	Please refer to CMS for guidelines

Tutorial Registration

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 https://www.anu.edu.au/students/program-administration/timetabling.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Critical analysis of KEYWORD	10 %	19/08/2022	05/09/2022	1
Short essay	25 %	30/09/2022	17/10/2022	1,2
Long essay	55 %	03/11/2022	22/11/2022	1,2,3
Lead the tutorial discussion	5 %	*	*	1
Tutorial participation	5 %	*	*	1

* 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

You are strongly encouraged to attend lectures in person as they will be interactive and require your participation in active discussion. Attendance at tutorials is required, unless an alternative arrangement is made with the convenor. Please advise if you are unable to attend lectures or tutorials giving your reasons.

Assessment Task 1

Critical analysis of KEYWORD

600 words. 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. A prompting question or questions will be released at the start of the teaching period

As this is a short piece it is very important that you write concisely. Although wider reading in the critical literature will help you in this task, and you should acknowledge sources where you use them, the primary focus of this task is on careful reading and exposition of a fairly short text.  

Assessment Rubrics

·      Evidence of careful reading/examination of the primary material.

·      Understanding the primary material.

·      Ability to present a clear structured argument.

Assessment Task 2

Short essay

1350 words. 6 questions will be set in week 5 and posted to WATTLE. You should answer one of them.

Choose a question from the 6 provided OR if you very strongly wish to pursue a particular topic, please formulate your own question and send it to Fiona.jenkins@anu.edu.au for approval at least 2 weeks before the submission date. You need my prior approval to make this variation.

It is OK to cover areas you have previously discussed in Assessment 1. Avoid direct use of the same words however – this will show up in Turnitin. Adapt your understanding to the new context and make sure you carefully address the question posed.

THIS IS A HURDLE ASSESSMENT ie you cannot complete the course without submitting this work.

A marking rubric will be provided with the questions.

If you need an extension please make sure to request one (using the form on WATTLE) in advance of the essay deadline.

Assessment Task 3

Long essay

2600 words. Final essay questions will be posted in week 9. You should answer one of them.

Choose a question from the 6 provided OR if you very strongly wish to pursue a particular topic, please formulate your own question and send it to Fiona.jenkins@anu.edu.au for approval at least 2 weeks before the submission date. You need my prior approval to make this variation.

It is OK to cover areas you have previously discussed in Assessment 1. Avoid direct use of the same words however – this will show up in Turnitin. Adapt your understanding to the new context and make sure you carefully address the question posed. Avoid any significant overlap of topic with Assessment 2 -- ask if unsure.

A marking rubric will be provided with the questions.

If you need an extension please make sure to request one (using the form on WATTLE) in advance of the essay deadline.

THIS IS A HURDLE ASSESSMENT ie you cannot complete the course without submitting this work.

Assessment Task 4

Lead the tutorial discussion

You should provide the impetus for discussion of the text for that week, by pointing to 3 key points and offering a question about the text. Please refer to notes on participation above – effectively you will be sharing in discussion the kinds of notes you should be keeping every week. 

Assessment Task 5

Tutorial participation

Tutorial participation will be assessed on the basis of verbal contributions to discussion, with an expectation that you are able to discuss the topic when called upon to do so and that you volunteer contributions. Listening and responding constructively to others are also valued contributions. Tutorial performance will be assessed in terms of the quality of contributions to discussion: insight, relevance and appropriateness of comments, based on proper preparation for the class.

Everyone will be expected to have read the extracts, articles or chapters set, before each tutorial, and to have thought about them in a way that enables contribution to the discussion.

Each week it is a requirement of the course that you form a question about the reading that could contribute to initiating the discussion. You should go through the exercise described below as Assessment 1 ‘Short Critical Analysis’ to produce one or two pages of notes in preparation for every class. These will not be assessed but you may be called upon to speak about your understanding of the text.

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

No submission of assessment tasks without an extension after the due date will be permitted. If an assessment task is not submitted by the due date, a mark of 0 will be awarded. OR 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).

• 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