Course Coordinator: Dr Matthew Stubbs

Lecturers:

Professor Emeritus Wilfrid Prest

Professor Richard Boast

Dr Adam Webster

1	Understand the basic principles of Australia’s legal system, including the history and development of the law in Britain and Australia
2	Develop the capacity to analyse, evaluate and synthesise information from a wide variety of sources and experiences
3	Be aware of the incompleteness of law and the continuous state of development of legal principles
4	Appreciate the evolution of the roles of lawyers and judges, and the ethical dimensions of the development of law and legal systems
5	Refine critical thinking and problem solving skills
6	Develop skills to independently undertake historical legal research at a high level
7	Demonstrate good inter-personal and communication skills in both written and oral communication

Students will need to purchase a Course Reader from the Image and Copy Centre.

There is an extraordinary array of legal (and general) history material available. The following are just a few of the books you may find of assistance:

• J H Baker, An Introduction to English Legal History (Butterworths, 4th ed, 2002)
• Bruce Kercher, An Unruly Child: A History of Law in Australia (Allen and Unwin, 1995)
• Alex Castles, An Australian Legal History (LawBook Co, 1982)
• David Lemmings (ed), The British and their Laws in the Eighteenth Century (Boydell Press, 2005)
• Diane Kirkby and Catharine Colebourne (eds), Law, History, Colonialism: the Reach of Empire (Manchester University Press, 2001)
• James Oldham, English Common Law in the Age of Mansfield (University of North Carolina Press, 2004)
• Wilfrid Prest, William Blackstone: Law and Letters in the Eighteenth Century (Oxford University Press, 2008)
• Stuart Macintyre, A Concise History of Australia (Cambridge University Press, 3rd ed, 2009)
• Paul Langford, Eighteenth-Century Britain: A Very Short Introduction (Oxford University Press, 2000)
• Wilfrid Prest, Albion Ascendant: English History 1660-1815 (Oxford University Press, 1998)
• Graeme Davison, John Hirst and Stuart Macintyre, The Oxford Companion to Australian History (Rev ed, 2001)
• Carol Fort, Wilfrid Prest and Kerrie Round (eds), The Wakefield Companion to South Australian History (2001)

Students are expected to check MyUni regularly to keep up to date with announcements, materials and learning resources throughout the course.

This course will be taught in a series of 3-hour lectures at which students will be required to discuss, debate and defend their analysis of the relevant material set in the course readings.

There is no attendance requirement (except for your group presentation). The majority of the class time will be recorded and made available on MyUni. However, the classes will be interactive in nature, and little (or none) of the interactive discussion will be captured on the recording, so you should plan to attend the classes rather than watch bits of them after the event.

Contact time: attend a 3 hour lecture each week. This amounts to 36 hours of formal class time across the semester.

Preparation time: In addition to attending formal classes it is anticipated that students will do substantial independent work to prepare for classes and to complete the course assignments. The University expects full time students (those undertaking 12 units per semester) to devote a total of 48 hours per week to their studies.

Australian Legal History

Week	Primary Teacher	Topic
1	WP	Legal History: Methodology and Approaches
2	WP	Origins of the English legal system
3	WP	Blackstone and Bentham
4	WP	Crime and the Old Bailey
5	RB	Aboriginal Legal Systems in Australia and New Zealand, and the Arrival of Settler Law
6	RB	Aboriginal and Torres Strait Islander and Maori Peoples and the Law in Comparative Perspective
7	WP	Empire: Colonial Legal History in Comparative Perspective
8	MS	Convicts and Responsible Government in Australia
9	MS	Federation from a South Australian Perspective
10	MS/AW	The Australian Judiciary and Legal Profession
11	AW	Uses of History in Law
12	AW	Legal Regulation of Water in Australia

There are no additional requirements for completion of this course other than described elsewhere in this document.

Not applicable.

Assessment Item	% of Final Mark	Due Date	Redeemable by Essay?
Group Presentation on Assigned Reading	15% (group assessment)	Various weeks as assigned	Yes, UNLESS student fails to make a reasonable contribution to their group
3 Online Quizzes	5% each, total 15%	Tuesday 26 August 3am-9pm (week 5 - for content of weeks 1-4), Tuesday 7 October 3am-9pm (week 9 - for content of weeks 5-8), Tuesday 4 November 3am-9pm (swot vac week - for content of weeks 9-12)	No
Research Essay 3,500 words	70% (or 85%)	Monday 3 November, 2pm (swot vac week)	N/A
Extra Credit: Writing Multiple Choice Questions on the Discussion Board (Optional)	Up to 3% extra credit (in addition to the 100% of compulsory assessment specified above)	Any time before Monday 3 November, 2pm.	N/A

Specific instructions for each item of assessment will be posted on MyUni.

The following information relates to the optional extra-credit assessment:

Extra credit: Writing Multiple-Choice Questions on the Discussion Board (Up to 3% extra credit, Optional)

Students have the opportunity, which is entirely optional, to write and post multiple-choice questions in a special forum on the Discussion Board.

This is a useful exercise for the students who choose to undertake it, because writing questions based on the course material is a great learning exercise to ensure you have a good understanding of the content. It is also helpful for other students in the course, who can self-test using the submitted questions to track their own progress. The questions will also help students to prepare for the online quiz assessments in this course.

Students who choose to contribute questions will be assessed (on the basis of peer ratings submitted by other students, and review by course staff) for up to 3% extra credit for their submissions (that is, up to an additional 3 marks added to what would otherwise be their result in the course). Quality, and not quantity, will be rewarded – each student may submit no more than 3 questions throughout the course.

Students will be expected to comply with the submission requirements indicated in the instructions for each item of assessment posted on MyUni.

Courses for which a result of conceded pass has been obtained may not be presented towards the degree requirements for the Bachelor of Laws or the Honours Degree of Bachelor of Laws programs, or any postgraduate law program, nor to satisfy prerequisite requirements within any law course.

The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

Practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

For more information please check out the Writing Centre website at http://www.adelaide.edu.au/writingcentre/

Further information regarding the Law School Policies and Procedures in relation to Supplementary Assessment, Extensions, and Remarks etc can be found at:

https://unified.adelaide.edu.au/group/law-school/policies-and-procedures

Plagiarism and other forms of cheating

Plagiarism is a serious act of academic misconduct. All students must be familiar with the Adelaide Law School Enrolment Guide 2014, and should note in particular the sections relating to plagiarism, grievance procedures and academic conduct within the Law School and the University.

Plagiarism is a serious matter and is treated as such by the Law School and the University. Please be aware that “academic dishonesty” (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to refuse to admit a person to practice as a legal practitioner in South Australia.

Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.