78210 Law and Literature
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particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2024 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ((22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04264 Master of Legal Studies)) OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 76902 Law and Literature AND 78211 Law and Literature
Description
In this subject students examine literary and legal responses to violence and trauma. The purpose of this examination is for students to understand and apply complex concepts that are drawn from the interdisciplinary area of law and the humanities. Students engage in a rigorous process of reading and discussion that includes some of the most fascinating and thought provoking literary works of the present, and of the 20th century, as well as judgments and other legal documents. Students apply advanced critical skills of analysis, research, communication and critical thinking—learning to not only evaluate and synthesise information, but also to critique legal and academic arguments. Students develop their capacity to communicate understanding of the concepts and critiques of the materials by presenting their ideas in lectures and seminars and providing peer feedback in weekly online activities.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Analyse, synthesise and evaluate law and humanities scholarship and engage with legal and literary texts to generate complex arguments responding to the role of law in adjudicating suffering and violence. |
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| 2. | Identify, analyse, evaluate and synthesise research materials, complex scholarly arguments and primary and secondary sources of law. |
| 3. | Identify and explain examples of complex problems of violence and trauma including concepts in the interdisciplinary area of law and the humanities and the role that law has played in responding to collective violence. |
| 4. | Construct clear, justifiable, original and persuasive written and oral arguments that are supported by research and textual readings. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including an ability to:
a. Identify and articulate complex legal issues in context, including the skill of critical reading and writing;
b. Apply reasoning and research to generate appropriate theoretical and practical responses; and
c. Demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses. (3.1) - Research Skills
Specialist cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues including an ability to:
a. Demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions; and
b. Apply ethical research practices. (4.1) - Communication
Well-developed professional and appropriate communication skills including:
a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
b. An ability to inform, analyse, report and persuade;
c. An ability to strategically select an appropriate medium and message;
d. A cognisance of advanced communication technologies and willingness to adopt where appropriate; and
e. An ability to respond respectfully. (5.1)
Teaching and learning strategies
Strategy 1: Preparing for class activity
Students will engage with one main text (book, film, podcast) for each intensive class, as well as the material posted on Canvas, including cases, secondary material, notes on methodology, and notes on how to research/write in a critical context. Before each class, two discussion questions will be posted on Canvas, which students will answer prior to the start of each class. The questions and answers are designed to provide students with practice in critical thinking and writing, and in the formulation of complex, subtle, well-supported arguments. Each student will then engage critically with two responses from other students. The lecturer will also respond to students’ posts, providing them with early and ongoing feedback regarding their ability to critique, articulate ideas, and synthesise material that is later evaluated.
Strategy 2: Engaging in lectures
Using their prepared answers as a basis for their understanding, students will build on their understanding of theme and method through active engagement with lectures. Lectures will model critical thinking and argument, including the skills of close textual analysis. Lectures will cover law and literature methodology, critiques of law from a humanities and law perspective, and relevant secondary literature on violence and culpability. The lectures are designed to provide students with much-needed critical and historical context, which students can use as a basis for the development of their advanced skills in critical thinking, research and writing. Students are encouraged to offer their opinions and ask questions during lectures, and will be asked to answer questions about the texts in order to develop their understanding of the relationship between literature and the law and the responses to violence and trauma. Lectures will model the analytic, critical and methodological skills that students will develop throughout the subject. Students are encouraged to ask questions and make comments during the lectures, and will also be asked to demonstrate their understanding and mastery of key concepts.
Strategy 3: Collaborative learning
By engaging in seminar discussion, students will develop a conceptual and analytical understanding of law and humanities scholarship. Students will build on their preparation and engagement in lectures by formulating and debating interpretations of the text, as well as relevant legal, cultural and historical contexts. The collaborative activities will support students to write subtle, complex and well-supported arguments.
Strategy 4: Feedback
Students receive feedback on their initial online posts (Week 0), as well as their online posts each week throughout the session (comprising comments from both the lecturer and from peers that directly address each post). This ongoing feedback provides early and ongoing material to improve students’ outcomes. Feedback (including peer to peer feedback) provides students with the opportunity to reflect upon and develop their ability to construct an effective argument, write clearly and persuasively and communicate complex concepts. The final assessment, the research essay, will comprise some of the online posts for which students have received feedback, enabling students to target their improvement and skills.
Subject Delivery:
This subject is held across 5 intensive days in a collaborative classroom, supported by online collaborative learning sessions.
Lectures: This subject comprises five, 2-hour lectures held on each of the intensive days.
Seminars: Each intensive day will include a 3-hour seminar session where students will develop their conceptual and analytic understanding of legal and humanities scholarship.
Online Discussion Board: This subject comprises six online sessions, which asks students to respond to one question for each week’s text, as well as comment on a peer’s text. Students receive feedback from both their peers and their instructor on these posts.
Content (topics)
Topic 1: Introduction to the Course, Course Policies and Assessment
Topic 2: Methodologies in Law and the Humanities
Topic 3: Understanding Genre
Topic 4: Close analysis of “violence” (primary text, case law, secondary text)
Topic 5: Close analysis of “justice” (primary text, case law, secondary text)
Topic 6: Close analysis of “responsibility” (primary text, case law, secondary text)
Topic 7: Close analysis of “inequality under law”
Assessment
Assessment task 1: Research Essay
| Intent: | This task enables students to demonstrate research skills, critical evaluation of scholarly and legal texts, and develop clear, well-reasoned and persuasive arguments. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 3.1 and 4.1 |
| Weight: | 50% |
| Length: | 2000 words |
| Criteria: |
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Assessment task 2: Online Discussion and Peer Feedback
| Intent: | This task is designed to give students early and ongoing practice and feedback on the development of their critical thinking and writing skills. They receive feedback from both peers and the instructor. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 3.1 and 5.1 |
| Weight: | 40% |
| Length: | 4000 words |
| Criteria: |
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Assessment task 3: Class participation
| Intent: | This task is designed to give students early and ongoing practice and feedback in the development of their critical thinking and arguments skills, as well as application of law and humanities methodology. It gives them the opportunity to practice the content and skills modelled in lectures. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 5.1 |
| Weight: | 10% |
| Length: | 1000 words |
| Criteria: |
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Required texts
*Kindle versions are completely fine*
Truman Capote, In Cold Blood (any version)
Helen Garner, This House of Grief (any version)
Toni Morrison, Beloved London: Vintage Classic, 2010
Recommended texts
(available from UTS Library)
Binder and Weisberg, Literary Criticisms of Law Princeton, N.J. : Princeton University Press, 2000
Cathy Caruth, Unclaimed Experience: Trauma, Narrative and History Baltimore: Johns Hopkins University Press, 1996
Wai-Chee Dimock, Residues of Justice: Literature, Law and Philosophy Berkeley: University of California Press, 1996
References
- Relevant instruments and cases will be posted on Canvas.
- UTS Law Faculty Guide to Essay Writing (www.law.uts.edu.au/students/assessment/submitting.html)
- UTS Policy and Procedures for the Assessment of Coursework (http://www.gsu.uts.edu.au/policies/assessment-coursework.html)
Other resources
The Canvas pages for this subject contain significant secondary material that must be referred to.