78239 Feminist Perspectives on Law and Justice
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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.
Description
Feminist critiques of the theory and practice of law have revealed that legal doctrine and procedures are not gender neutral and that law actually creates and perpetuates inequality. In this subject, students explore feminist insights into how law is gendered through an examination of key concepts including: the public/private divide in the liberal state; equality and inequality; universalism and cultural relativism and the category 'woman'. Drawing on a range of feminist theoretical frameworks, including North American, European, Australian and South Asian perspectives, this subject explores the application of feminist critique to key areas of law and justice, including family and reproduction, employment and discrimination, violence against women and human rights in international law.
The subject aims to assist students to develop skills in critical thinking and to evaluate areas of law that have been subject to feminist critique. It builds core skills that students need to examine gendered constructions of law and how they contribute to inequality and discrimination.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Investigate, synthesise and evaluate a range of feminist theories of law and justice. |
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| 2. | Critically evaluate areas of law that have been subject to feminist critique and be able to identify feminist contributions to law reform. |
| 3. | Express, debate and justify their interpretation of feminist theories of law and justice through contribution to class discussion and debates. |
| 4. | Conduct effective legal research by identifying and synthesising primary and secondary legal and interdisciplinary texts and resources in order to investigate feminist insights in theories of law and justice. |
| 5. | Present a clear and persuasive written argument that demonstrates detailed understanding and knowledge of feminist approaches to law and justice and apply them to legal context(s). |
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. A capacity to think critically, strategically and creatively, including an ability to identify and articulate complex legal issues, apply reasoning and research to generate appropriate theoretical and practical responses, and demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses.
b. Identify, synthesise and articulate complex legal and technical issues and apply advanced analytical skills to identify and generate clear, succinct and novel responses in professional practice or research. (3.1) - Research Skills
a. Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues and demonstrate advanced intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions.
b. Research, identify and evaluate technical information, legal judgments and issues to interpret, justify, or critique propositions, conclusions and professional decisions that are underpinned by ethical research practices in professional practice or research. (4.1) - Communication
a. Advanced professional communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond respectfully.
b. Communicate accurately and appropriately with multidisciplinary audiences in a range of specialised formats, including productive collaboration with professional teams and clients. (5.1)
Teaching and learning strategies
Strategy 1: Seminar preparation, reading and self-directed learning
Prior to each class, students will be required to read and critically evaluate prescribed texts and materials. Students’ preparatory reading will be guided by a series of critical discussion questions. Readings and questions will be available on Canvas. Students are encouraged to use the Canvas Discussion Board to ask questions of each other and share ideas prior to the class.
The questions and answers are intended to provide students with practice in critical thinking and writing and in the formulation of well-supported arguments. Students will be required to write responses to the questions. This will prepare them for the class discussions where students will be encouraged to take responsibility for their own learning by orally presenting and defending their own views and interpretations of the feminist theories and methods discussed. During the seminars, students are expected to engage in collaborative discussion about the key concepts. They are expected to ask questions and demonstrate their understanding, critical analysis, and oral communication skills in relation to the set readings.
Strategy 2: Shared inquiry and discussion of texts
Classes will be run as seminars. Teaching staff and invited guest lecturers will deliver presentations in some of the seminars on various aspects of the subject.
Classes will involve shared discussion of the relevant texts and materials drawing upon and utilising students’ seminar preparation and self-directed learning. Students have the opportunity to ask questions of the seminar leaders and their peers to assist them in consolidating their learning. The form of discussion is civil, open and responsive. Students should support their queries, opinions and assertions with reasoned analysis. Feedback will be provided to students by the seminar leaders on an ongoing basis during seminar discussion throughout the session.
Shared inquiry and discussion-based learning during class are central teaching and learning strategies employed in seminars and offer an opportunity for collaborative learning. The approach involves active and detailed engagement with set texts. These texts are a record of the vigorous and ongoing debates about feminist approaches to law and justice that have taken place over time. By engaging with these texts, students and the seminar leaders become active participants in that ongoing process.
Strategy 3: Early feedback
Detailed guidance as to the assessment criteria and the provision of timely feedback are an important part of the learning process. Students receive ongoing feedback in seminars from the seminar leader as well as their peers. Students should be using class participation as a means to test their understanding of theories and their critical application of these theories to various legal examples. This feedback is available to students from week 2 and provides opportunities to develop their capacity to present oral arguments.
In addition to the formative feedback opportunities outlined above, students will receive early written feedback on Assessment Task 1. This task will facilitate low-stakes but directed feedback prior to the census date. 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.
Strategy 4: Developing legal research skills
Legal research skills are essential for developing an understanding of theoretical approaches to law. Through preparation for seminars, participating in seminar discussion, and planning their research essay, students will practice their legal research skills.
In the process of preparing for their final essay, students will be required to choose an essay question, draft an outline of argument and provide a bibliography that is appropriate to their chosen essay question. Students will submit this prior to submitting the final essay and the seminar leader will provide feedback on the research strategy and bibliographic sources ahead of the final writing task. In the research essay workshop, students will have an opportunity to get feedback on their outline from a member of the Academic Learning and Language Group before continuing with the essay.
Subject Delivery: This subject will be delivered weekly in eight three-hour seminars over the session.
Content (topics)
- Introduction to key feminist principles
- Feminist movements for legal and social change
- Key concepts: the public/private divide in the liberal state
- Key concepts: equality and non-discrimination in the neoliberal age
- Feminist contributions to law reform: family violence and sexual violence
- Feminist approaches to harm
- The category ‘woman’: feminist approaches to class, race, sexuality and disability
- Regulating women’s bodies: contraception, abortion and assisted reproductive technologies
Assessment
Assessment task 1: Short written response
| Intent: | This task provides students with an opportunity, at a very early stage, to test their critical reading and analysis skills as well as their writing skills. It allows students to gain early feedback on these skills from the seminar leaders. As a result, this task will help prepare students for their final writing task. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 5 This task contributes specifically to the development of the following graduate attributes: 3.1, 4.1 and 5.1 |
| Weight: | 10% |
| Length: | 300 words |
| Criteria: | Students should be able to demonstrate:
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Assessment task 2: Class participation
| Intent: | This task is designed to allow students to practice and develop their critical analysis and oral communication skills, and to gain feedback throughout the subject regarding their understanding of core subject materials and themes. It also encourages collaboration with peers in vigorous class discussion and small-group work. This task is designed to give students practice and feedback on the development of their critical thinking and writing skills. They receive feedback from both peers and the teaching staff. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: 3.1, 4.1 and 5.1 |
| Weight: | 25% |
| Length: | 900 words maximum in total. |
| Criteria: | Students should be able to demonstrate:
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Assessment task 3: Research essay outline
| Intent: | This task evaluates students’ research, writing and analysis skills. This assessment task also gives students the opportunity to practice articulating the key topic and core argument they wish to address in their final written essay. It allows them to practice their research skills in putting together a brief preliminary bibliography. The task allows the seminar leader to give students feedback on their chosen essay question, their approach to answering the question, and the appropriateness of their preliminary bibliography. |
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| Objective(s): | This task addresses the following subject learning objectives: 4 and 5 This task contributes specifically to the development of the following graduate attributes: 3.1, 4.1 and 5.1 |
| Weight: | 15% |
| Length: | 400 words plus a bibliography of 4–6 references in Australian Guide to Legal Citation style. |
| Criteria: | Students should be able to demonstrate:
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Assessment task 4: Research essay
| Intent: | This task evaluates students’ engagement with subject content and themes, as well as their writing, analytical and research skills. The task will test students’ ability to produce a clearly written, well-researched and persuasively argued essay. This assessment task will allow students to develop effective writing skills and independent legal research skills. The task encourages and tests independent and self-directed learning |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 3.1, 4.1 and 5.1 |
| Weight: | 50% |
| Length: | 2000 words (excluding footnotes) |
| Criteria: | Students should be able to demonstrate:
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Minimum requirements
Students are required to attend 80% of seminars and complete all assessment tasks to pass this subject.
Required texts
Each week, students will be provided with lists of required and recommended readings on Canvas, with links to the resources held in the UTS Library.
Recommended texts
Joanne Conaghan (ed) Feminist Legal Studies: Critical concepts in law (Routledge 2009), Volumes 1-4
Margaret Davies and Vanessa E. Munro (eds) A Research Companion to Feminist Legal Theory (Ashgate 2013)
Heather Douglas, Francesca Bartlett, Trish Luker and Rosemary Hunter (eds) Australian Feminist Judgments: Righting and rewriting law (Hart Publishing 2014)
Reg Graycar and Jenny Morgan, The Hidden Gender of Law (Federation Press, 2nd ed, 2002)
Jackie Jones, Anna Greer, Rachel Anne Fenton and Kim Stevenson (eds) Gender, Sexualities and Law (Routledge 2011)
Diane Otto (ed) Gender Issues and Human Rights (Edward Elgar 2013)
Carole Smart, Feminism and the Power of Law (Routledge 1989)
Margaret Thornton (ed), Public and Private: Feminist Legal Debates (Oxford University Press 1995)