Course overview
This course will primarily examine the historical background of the Australian legal system and the influence of history on the evolution of Australian law and legal institutions. Students will be expected to participate in class discussions. They may include the following topics : the development and evolution of British legal institutions with a particular focus on the role of Courts and lawyers, the legal and philosophical foundations of the British Empire, the juridical status of Australian settlement, the status of the Aboriginal people under European law, frontier law and other original Australian developments, the move to independent legal institutions and the juridical nature of constitution making in Australia. The course will also introduce students to the sources of legal history generally and Australian legal history in particular, as well as basic historical methodology. Reference will also be made to the legal history of other English-speaking countries, European countries and international law.
Course learning outcomes
- Explain the development of Australia’s legal system, including the British background.
- Analyse, evaluate and synthesise information from a wide variety of sources and experiences.
- Be aware of the incompleteness of the law and the continuous state of development of legal principles
- Appreciate the evolution of the roles of lawyers and judges, and the ethical dimensions of the development of law and legal systems.
- Refine critical thinking and problem-solving skills, and develop skills to independently undertake historical research.
- Demonstrate good inter-personal and communication skills in both written and oral communication.