Law’s History and Context explores history’s role in revealing new insights about law, lawyers and legal institutions and examines how lawyers enlist history to achieve certain ends.  Topics include: the relationship between law and colonialism; the contextual qualities of First Nation’s law; the history of legal education and the legal profession; historical and socio-legal methods; legal life writing; law and the history of capitalism; law and the history of the environment; the history of crime; and law’s changing role in matters of gender, sexuality and race.

The course is framed around a number of case studies, both local and international, which interrogate long-held beliefs and assumptions about law. The case studies illustrate how history and sociology can unearth the way that law has been politically and socially constructed. A central goal of the course is to illustrate the imaginative power of history and how it can change and deepen perceptions about law and legal practice.

In this course you will be encouraged to reflect on your own engagement with law’s history, both within and outside of law school, and consider its depiction in a range of media (literature, films, photographs, the land and so on). You will learn to think like an historian, compare such thinking to that of a lawyer and consider how the thinking in one field may enrich the other. By situating law within its broader context this course aims to help you understand the relevance of your studies to your future careers, politics and society. 

Learning Outcomes

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

1. Analyse the ideas, actors and social and political events that have shaped law, lawyers and legal institutions over time, incorporating First Nations peoples’ perspectives.
2. Critically evaluate the way that lawyers and law have presented the history of their profession and law.
3. Research and synthesise key ideas about law and legal history in literature and in other media and construct and communicate persuasive oral and written argument based on those materials.
4. Evaluate the relevance and shortcomings of legal history.

Required Resources

A collection of articles and chapters that will be provided on Leganto and a list will be made available to students.

Recommended Resources

A collection of articles and chapters that will be provided on Leganto and a list will be made available to students.

Whether you are on campus or studying online, 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/extensions-late-submission-and-penalties

Extenuating circumstances: https://www.anu.edu.au/students/program-administration/assessments-exams/extenuating-circumstances-application

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

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

Distribution of grades policy: https://law.anu.edu.au/grading

Assessment Reviews and Appeals: https://law.anu.edu.au/assessment-review-and-appeals

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

Artificial Intelligence (AI)

The ANU Academic Integrity website (https://www.anu.edu.au/students/academic-skills/academic-integrity ) provides information about services available to assist students with their assignments, examinations and other learning activities, as well as providing clear guidance on the responsible and ethical use of AI technologies.

The following resources may also be useful:

• The ANU Library's Libguide (https://libguides.anu.edu.au/generative-ai ) is a valuable resource for gaining a comprehensive understanding of AI's role in academia.

• The ANU Academic Skills site (https://www.anu.edu.au/students/academic-skills ) provides useful information to ensure that you leverage AI responsibly and effectively.

• The ANU College of Law Academic Integrity and Misconduct site (https://law.anu.edu.au/academic-integrity-and-misconduct ) provides content related to legal implications, ethical guidelines, and considerations when dealing with AI in the context of law.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Creating Legal History: How the Sausage is MadeMonday 16 June 202510am - 1pm Lecturorial / 2pm - 4pm Tutorial	In line with the University’s recording policy, lectures, seminars and lectorials will be recorded and made available for students on Echo360. However, lecture recordings are only an additional resource and they should not be taken as a substitute for regular online attendance. If a recording does fail, there is no guarantee a replacement recording will be provided.This course is taught from 10am - 4pm, Monday to Thursday, 16 June - 26 June 2025. There are 24 hours of lectorials (3 hours a day - 10am-1pm - across 8 days) and 12 hours of tutorials (2 hours a day - 2pm-4pm - across 6 days). Students will be given the option of using the two remaining tutorial days (yet to be decided) to advance their group work.  Any students intending to count this course as their capstone must contact the convenor directly to receive details of additional assessment requirements. They will also be required to complete the Bachelor of Laws (Honours) Law Research Capstone Nomination Form | ANU Law School.
2	Narrative, Storytelling and 'Australian Legal History'Tuesday 17 June 202510am - 1pm Lecturorial / 2pm - 4pm Tutorial
3	Writing Legal Lives: Biography and Life WritingWednesday 18 June 202510am - 1pm Lecturorial / 2pm - 4pm Tutorial
4	Intellectual History and the Discipline of LawThursday 19 June 202510am - 1pm Lecturorial / 2pm - 4pm Tutorial
5	Histories of the Legal ProfessionMonday 23 June 202510am - 1pm Lecturorial / 2pm - 4pm Tutorial
6	Law, Environment, HistoryTuesday 24 June 202510am - 1pm Lecturorial / 2pm - 4pm Tutorial
7	Crime, Constitutions and Marginal VoicesWednesday 25 June 202510am - 1pm Lecturorial / 2pm - 4pm Tutorial
8	Capitalism and International LawThursday 26 June 202510am - 1pm Lecturorial / 2pm - 4pm Tutorial

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. MyTimetable (MyTT) tutorial allocations are done on a first-come, first-served basis. If you hold a current EAP stating that you require priority selection, you will need to contact the College Student and Education Support team before MyTT opens.

If you are unable to secure a spot in your preferred timeslot, we recommend enrolling in another tutorial and joining the waitlist (indicated by a heart). If spots become available, they are automatically chronologically allocated to those on the waitlist.

Please note that work commitments will not be considered as a reason for requesting a change to your allocation/s. It is expected that students make themselves available on weekdays for tutorials and seminars. Find out more on the Timetable webpage.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Theory and Method Critique	30 %	30/06/2025	25/07/2025	1,3,4
Film/Podcast Foundation	45 %	07/07/2025	16/07/2025	1,2,3,4
Film/Podcast	25 %	18/07/2025	*	3
Attendance	0 %	*	*	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 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
• Extenuating Circumstances Application
• 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.

Examination(s)

There is no final examination for this course.

Assessment Task 1

Theory and Method Critique

Details of Task: The first assessment task, Theory and Method Critique, asks students to locate two legal histories which explain the same events, people and period. Drawing on the teachings and literature in the early part of the course, students should critique the histories, explaining how the methods and approach applied resulted in different accounts, providing views on which seem the most cogent and suggesting improvements. The purpose of this task is to help students gain a strong grounding in historical methods and theories and can engage with the case studies and materials throughout the course with confidence.

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

Weighting: 30%

Release: Instructions will be made available on Canvas in Week 1.

Word Limit: 1800 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirements: Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted. Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation.

Due Date: 5pm, 30 June 2025. Late submissions (without an extension) are permitted, but late penalties will apply. 

Estimated Return Date: 25 July 2025

Assessment Criteria: A complete assessment rubric will be made available on Canvas.

Assessment Task 2

Film/Podcast Foundation

Details of Task: 'Film/Podcast foundation' presents the planning and research underpinning each student’s contribution to the forum, responding to a set of questions particular to their role in the group. This task encourages students to fully participate in the podcast/film exercise and encourages students to take note of the ideas of all group members. While this is an individual assessment task, following submission students should share their plans and research with their group members to assist with planning. For this task students should provide critiques of existing history films/podcasts and explain how they have influenced their contributions.

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

Weighting: 45%

Word Limit: 2500 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirements: Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted. Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation.

Due Date: 5pm, 7 July 2025. Late submissions (without an extension) are permitted, but late penalties will apply. 

Estimated Return Date: 16 July 2025

Assessment Criteria: A complete assessment rubric will be made available on Canvas.

Assessment Task 3

Film/Podcast

Details of Task: This task involves students creating either a short film or podcast. The task is intended to help students appreciate that legal history is more than a bookish occupation, recognising legal history’s potential to be a dynamic field that contributes interesting perspectives and debates of current relevance. The task requires students to draw from materials throughout the course as well as their own research and reflect on the relationship between topics. Each member of the group will be assigned a different role.

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

Weighting: 25%

Film/Podcast Length: Maximum video/podcast length is 25 minutes per group.

Submission Requirements: Instructions on which files can be submitted will be provided on the Canvas site

Due Date: 5pm, 18 July 2025. Late submission without an extension is not permitted. As this is a group task, every member within the group is required to submit an individual request for an extension. To do this, please follow the steps below:

1. The group member initiating the request is to complete the extension application and provide relevant documentation, eg. EAP or medical certificate
2. If the extension is approved, the remaining group members are then to submit individual extension requests. The name of the student who was originally granted the extension should appear on this form.
3. If the outcome is declined, the group is to complete the task by the due date and time.

Please be aware that if you are in your final course(s), any late submissions may delay your conferral date.

Estimated Return Date: Results for non-standard sessions will be released approximately one month from the course end date.

Assessment Criteria: A complete assessment rubric will be made available on Canvas.

Assessment Task 4

Attendance

Details of Task: There will be 6 x two-hour (12 hours) tutorials thoughout the teaching period. Students are expected to attend 10 hours out of the total 12 hours of tutorials. The remaining time will provide an opportunity for students to work with their group to advance assessment task 3 and test the learnings from the course. 

Weighting: Failure to attend 10 of the 12 hours of tutorials will result in 5% being deducted from students' overall mark for the course.

Due Date: Throughout the intensive. Any absence from tutorials will require students to contact the Course Convenor outlining the circumstances that prevented their attendance. Appropriate documentation must be provided.

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. You must ensure that you upload the correct document on the specified submission due date and time. Any document modified after the due date and time will either incur a late penalty or will NOT be accepted. Unless an exemption has been approved by the Associate Dean (Education), submission must be through Turnitin in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.

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 granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.

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. Any use of artificial intelligence must be properly referenced. Failure to properly cite use of Generative AI will be considered a breach of academic integrity.

Returning Assignments

All marks and feedback will be provided by the return date listed in the class summary.

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.

Resubmission of Assignments

A resubmission refers to the act of re-uploading a submission for an assessment task after an initial submission has already been made. This typically occurs when a student realises they have submitted an incorrect or incomplete document and wishes to upload the correct version.

Resubmissions are permitted up to the due date and time without penalty. After this point, any resubmissions will incur the relevant late penalty with no exceptions.

If you need to request that your original submission, be deleted in order to resubmit, please email enquiries.law@anu.edu.au. Do not contact your course convenor directly regarding this matter.

Please note: If a task states that no late submissions are permitted, then resubmissions will not be accepted under any circumstances after the due date and time.

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 Accessibility 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 supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents all ANU students