78235 Justice

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Subject handbook information prior to 2025 is available in the Archives.

UTS: Law
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

The concept of 'justice' is integral to the operation of our legal system, the practice of law and, as legal professionals, our contribution to the different communities in which we live and work. This subject asks the questions: 'what is justice?', 'what does law have to do with justice?', and 'what is a just decision?'. This subject explores these questions through the lens of traditional and contemporary theoretical approaches to justice including: divine command, natural law, utilitarianism, libertarianism, positivism, egalitarianism, desert and the Rawlsian idea of fairness, critical race, indigenous feminist, environmental, global and post-structuralist perspectives.

Students build on this grounding in theories of justice by engaging with the question of 'what is just?' in a legal frame, in the setting of particular cases and case studies. Opportunities to apply theoretical approaches to particular case studies are drawn from a wide range of areas such as: tax, patenting human genes, human rights norms, the treatment of animals, insolvency, negligence and responsibility, competition law or access to justice.

This subject is taught using a variety of teaching and learning strategies that emphasise active and applied approaches to developing students' capacity to make informed legal and ethical judgments. The aim of this approach is to rapidly immerse students in global, practice-orientated, research-inspired accounts of theories of justice and their relationship to law and legal regulation.

Subject learning objectives (SLOs)

1.	Investigate, synthesise and evaluate a range of legal and political theories of justice and articulate their relevance to the analysis of law, jurisprudence and legal authority.
2.	Critically evaluate literature relating to law and theories of justice and be able to apply this literature to contemporary legal problems.
3.	Present a clear and persuasive written argument that demonstrates the ability to critically evaluate at least one theory of justice and apply it to a legal context.
4.	Express, debate and justify each student’s own interpretation of the relationship between law and justice, based on theoretical approaches and scholarship covered in this subject.
5.	Conduct effective legal research by identifying and synthesising primary and secondary legal and interdisciplinary texts in order to investigate the relationship between law and justice and historical and contemporary theories of justice.

Teaching and learning strategies

Strategy 1: Seminar preparation, reading and self-directed learning

This subject is highly interactive and based on a shared inquiry and discussion-based approaches to learning. As this subject does not use lectures to deliver content our time together in class is valuable and you are expected to remain in control of your learning. This means seminar time involves engaging, active learning, problem solving and valuable skill development which draw upon, but not repeat, the content you have engaged with prior to class. Students are therefore responsible for coming to class prepared - having read and reviewed all the required materials. There is not time within class to review materials you should have prepared prior to the workshop. Students are provided with valuable, real-time feedback to assist in managing their learning.

Students are required to read and critically evaluate prescribed texts prior to class. Set readings may be accompanied by additional online materials that students can access before the seminars. Students’ reading is guided by critical discussion questions, available via, Canvas which allow students to develop critical reading skills by reflecting on how a text is structured, what evidence is used to support its argument and how theories of justice relate to the law and legal regulation. Students receive feedback from the seminar leader, available in class or via Canvas, on their responses to discussion questions for the seminars. This feedback will assist them in preparation for the Research Project (Assessment Task 4).

Strategy 2: Shared Inquiry & Discussion of Texts

Shared discussion of the relevant texts and materials draws upon and utilises students’ seminar preparation and self-directed learning (Strategy 1). Shared inquiry and discussion-based learning during class are central teaching and learning strategies employed in seminars. The approach involves active and detailed engagement with set texts. Those texts are themselves a record of the vigorous and ongoing discussion about questions of justice and law which has taken place across time. By engaging with those texts students and the seminar leader become active participants in that ongoing process. All participants must read the text to be discussed, take reading notes, and record a series of questions, queries and issues raised by a careful reading of the text.

Discussion is led by the seminar leader with a question about the text which students respond to by reference to the text. Discussion is largely restricted to the portion of the text that has been set, whilst support for opinions should make reference to specific parts of the text itself. The form of discussion is civil, open and responsive. Participants should support their queries, opinions and assertions with reasoned analysis. Feedback is provided to students by the seminar leader on an ongoing basis during seminar discussion throughout the session.

Strategy 3: Briefings and Roundtables

This subject does not use lectures. However, where required, short briefings and debriefings are given by the seminar leader in response to students’ self-identified learning needs, challenging areas of law or legal theory, or to reflect on a particular skill area or exercise. This subject may also use roundtables, where subject-matter experts are gathered in an informal roundtable discussion on particular topics.

Strategy 4: Case Studies

Cases studies are explored during class time and in students’ seminar preparation, in order to practice the application of theories of justice to existing social issues and phenomenon. Case studies are used to assist students to explore challenges in justice and its relationship to law in a variety of scenarios. Cases studies depict real or realistic contexts and the issues which arise. They may include artefacts produced as a result of legal conflicts or legal reasoning processes or a variety of legal texts such as judgements. Students read and discuss these scenarios to learn concepts, interpret information, form judgments and develop creative solutions. Critical thinking is developed through analysis, interpretation of and reflection on issues or situations.

Strategy 5: Field Trip

This subject may involve a site visit or field trip, such as to the Art Gallery of New South Wales. The field trip builds on the use of case studies (Strategy 4) in order to situate theories of justice and legal problems within their specific social or geographical contexts. Relevant field trips facilitate the students’ understanding of connections between developments in legal and justice theories with wider movements and events in politics, culture or history. The visits provide students with an opportunity to reflect on how theories of justice are applied on a day-to-day basis, and how they have shaped and influenced intellectual and political movements or periods.

Strategy 6: Early Feedback

In addition to the feedback that is given as part of the subject’s discussion-based learning and in-class case studies, students are given interim feedback on their seminar participation and online participation during Seminar 3 or 4 of this subject. The seminar leader/s will assess each student’s participation, with attention to oral communication skills, clarity of arguments and command of subject themes and topics. This strategy facilitates low-stakes but directed feedback from seminar leader/s prior to the census date. The feedback provided on students’ participation encourages development of oral communication and critical analysis skills ahead of the final class participation mark (Assessment Task 1); the guided independent research project (Assessment Task 4); and the final Viva Voce oral assessment (Assessment Task 3).

Subject Delivery:

This subject is delivered in intensive mode. Classes include a combination of seminars and workshops, along with guest lectures where appropriate.

Content (topics)

1. Introduction to Justice as a Legal, Ethical and Philosophical Question
2. What is Justice? A Survey of Political Theories of Justice
3. What does Law have to do with Justice?
   1. Investigating different 'types' of justice in legal contexts: distributive, procedural, retributive, restorative.
   2. Whose Lives Matter/ed? Classic Theories of Justice in Historical Perspective
   3. Doing Justice? Key Contemporary Theories of Justice
   4. Analysing relationships between law, systems of law, institutions and contemporary approaches justice
4. Reading Theories of Justice through Contemporary Legal Case Studies: Viva Voce and Pecha Kucha

Assessment

Assessment task 1: 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 course regarding their understanding of core course materials and themes. It also encourages collaboration with peers in vigorous class discussion and small-group work.
Objective(s):	This task addresses the following subject learning objectives: 1, 2 and 4 This task contributes specifically to the development of the following graduate attributes: .1, .1 and .1
Weight:	20%
Criteria:	Preparedness for seminars Consistency of engagement with class discussion Quality of oral communication skills, including clarity of expression and capacity to orally integrate evidence and argument Engagement with peers and initiation and response to counter-arguments Student seeks and applies feedback Concise expression, debate and justification of key law and justice theories Interpretation and evaluation of relevant subject themes and issues of law and justice in each seminar

Assessment task 2: Online Reading Groups and Peer Feedback

Intent:	This task provides students with an opportunity to apply their understanding of key theoretical approaches to justice and practise skills of providing effective and timely feedback to colleagues. This task is critical for valuable and effective seminar participation and use of seminar time. Online contributions will be directly discussed, critiqued and explored during seminar time. Students and seminar leaders will provide feedback on students’ online contributions. Students will join a ‘Reading Group’ at the start of session. Prior to each seminar via UTSOnline, in their Reading Groups, students will address seminar questions related to each seminar topic and the theories of justice.
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: .1, .1 and .1
Weight:	20%
Length:	1 x 750 words (Discussion Leader); and 2 x 450 words (Respondent)
Criteria:	Timely posting of response as Discussion Leader: FIVE days before the seminar; Timely posting of feedback as Respondent: TWO days before the seminar; Evidence of careful reading and engagement with set materials and questions (including demonstrated drawing on readings and making good use of preparation time) Application and expression of relevant knowledge in response to seminar questions; Respondent feedback demonstrates critical and thoughtful analysis of the Discussion Leader’s draft response and is supportive and respectful; Respondent Feedback identifies positive aspects of each response and key areas for improvement, and makes specific suggestions or considered critiques.

Assessment task 3: Viva Voce

Intent:	Verbal presentation and advocacy is essential to work as a professional in the discipline of law. This presentation format develops real-world skills in the succinct and constrained presentation of complex work. This task assesses students’ ability to articulate, explain and defend their approach, argument and interpretation of key texts as expressed in a full draft of their final Guided Independent Research Project (Assessment task 4). Students receive direct feedback in relation to their Research Project from assessors and peers via a series of questions put to the student regarding their draft Research Project and argument. Students will then be given the opportunity to incorporate feedback provided during their Viva Voce presentation into their final Research Project prior to its final submission.
Objective(s):	This task addresses the following subject learning objectives: 1, 2 and 4 This task contributes specifically to the development of the following graduate attributes: .1, .1 and .1
Weight:	15%
Length:	Presentation: 15 min Draft: 1000 words
Criteria:	Clear articulation of a viable research question Oral response is fluent, coherent and natural; without using notes; Oral response to discussant questions (from assessors and peers alike) are succinct, thoughtful and relevant, and precisely targeted to the issues raised; Demonstrates an in-depth comprehensive analysis of the topic and material under consideration. Information is well-developed and clarity of purpose is effectively exhibited throughout the assessment. Able to use assessor questions to explain key concepts, theories and/or case studies, drawing on relevant material from the written response. Generates argument and/or concepts which are relevant, fit-for-purpose and supported with explicit evidence and well-selected examples and details.

Assessment task 4: Independent Guided Research Project

Intent:	This task requires students to develop their own reading of theories of justice through contemporary legal case studies. The case studies are to be of the student’s own choosing, and may be sourced from a broad variety of legal practice areas and areas of law including public law, private law, as well as legal theory and research practice.
Objective(s):	This task addresses the following subject learning objectives: 1, 4 and 5 This task contributes specifically to the development of the following graduate attributes: .1, .1, .1 and .1
Weight:	45%
Length:	3000 words (excluding referencing).
Criteria:	Demonstrate advanced critical thinking and analytical skills by selecting a viable question, developing a clear argument and sustaining and concluding that argument. Critically assess and evaluate core subject themes. Express, explain and justify the relevance of theories of justice to the law and legal regulation. Investigate, synthesise and apply theories of justice to legal issues and the analysis of law and legal procedure. Conduct effective legal research, identifying appropriate primary and secondary legal sources as well as interdisciplinary sources. Write clearly and persuasively, clearly and effectively structuring the Research Project. Accurately and consistently use AGLC referencing to provide evidence for arguments.

Required texts

Readings as specified on Canvas via the Course Modules: the majority of reading materials are supplied electronically.