| Semester 1, 2021 On-campus Toowoomba | |
| Short Description: | Legal History |
| Units : | 1 |
| Faculty or Section : | Faculty of Business, Education, Law and Arts |
| School or Department : | School of Humanities & Communication |
| Student contribution band : | 2021 Grandfather Funding Cl 1 |
| ASCED code : | 090305 - History |
| Grading basis : | Graded |
Staffing
Examiner:
Requisites
Enrolment is not permitted in HIS1115 if LAW1114 or LAW1202 has been previously completed.
Rationale
This course is designed to introduce students to the broader historical and socio-political underpinnings of law in Australia, including the significant influences of English law and the Constitution of the United States of America. It includes a study of English legal history before and after European settlement in Australia, the American constitutional settlement, the impact of European settlement on Indigenous Australians, and the legal consequences of political and social changes in Australia. It also includes the development of skills relevant to legal study, including critical thinking and communication.
Synopsis
Law is shaped by its surrounding society. The study of history requires an appreciation of the effect changing social habits and attitudes have on law, and the study of law requires an understanding of social and historical setting in which political institutions and law developed. Students will address concepts that have affected the development of Australian institutions and law, and the historical circumstances that gave rise to constitutional principles such as the rule of law, sovereignty, the role of Parliament, the electoral franchise and the separation of powers. The impact of law on Indigenous Australians will also be included.
Objectives
On successful completion of this course students should be able to demonstrate:
- knowledge and understanding of the origins, social influences and broader historical contexts of the development of Australian law, and of fundamental Australian constitutional principles;
- thinking skills, including an emerging ability to identify, analyse and articulate the broader historical contexts for legal development and constitutional governance;
- communication skills, in particular the ability to respond to complex ideas and articulate the broader historical context within which law and legal institutions developed in an effective, appropriate and persuasive way.
Topics
| Description | Weighting(%) | |
|---|---|---|
| 1. | The origins of the common law | 8.00 |
| 2. | Growth of the legal profession, the doctrine of precedent and law reporting | 8.00 |
| 3. | The English Revolutions: Parliament, king and courts in the 17th century | 8.00 |
| 4. | Responsible government, law and justice in 18th century England | 8.00 |
| 5. | The American constitutional settlement | 8.00 |
| 6. | Reform of the British Parliament and courts in the 19th century | 8.00 |
| 7. | Reception of English law in Australia | 8.00 |
| 8. | Self-government and law in colonial Australia | 10.00 |
| 9. | Indigenous Australia and the law in the colonial period | 10.00 |
| 10. | Federation | 8.00 |
| 11. | Australian constitutional independence and law in the 20th century | 8.00 |
| 12. | Indigenous Australia and the law in modern Australia | 8.00 |
Text and materials required to be purchased or accessed
ALL textbooks and materials available to be purchased can be sourced from (unless otherwise stated). (https://omnia.usq.edu.au/textbooks/?year=2021&sem=01&subject1=HIS1115)
Please for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)
Reference materials
Student workload expectations
| Activity | Hours |
|---|---|
| Directed Study | 39.00 |
| Independent Study | 126.00 |
Assessment details
| Description | Marks out of | Wtg (%) | Due Date | Notes |
|---|---|---|---|---|
| ESSAY 1 | 30 | 30 | 29 Mar 2021 | (see note 1) |
| ESSAY 2 | 40 | 40 | 17 May 2021 | |
| COURSE ENGAGEMENT | 30 | 30 | 31 May 2021 | (see note 2) |
Notes
- Case Note.
- Assessed throughout Semester.
Important assessment information
-
Attendance requirements:
If you are an international student in Australia, you are advised to attend all classes at your campus. For all other students, there are no attendance requirements for this course. However, it is the students' responsibility to attend and participate appropriately in all activities scheduled for them, and to study all material provided to them or required to be accessed by them, to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration. -
Requirements for students to complete each assessment item satisfactorily:
To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks for that item. -
Penalties for late submission of required work:
Students should refer to the Assessment Procedure (point 4.2.4) -
Requirements for student to be awarded a passing grade in the course:
To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course. -
Method used to combine assessment results to attain final grade:
To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course. -
Examination information:
There is no examination in this course. -
Examination period when Deferred/Supplementary examinations will be held:
There is no examination in this course, there will be no deferred or supplementary examinations. -
University Student Policies:
Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene University policies and practices. These policies can be found at .