78235 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
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)
Upon successful completion of this subject students should be able to:
| 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. |
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| 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. |
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:
- Legal Knowledge
a. A specialised understanding of a complex body of legal knowledge, including the Australian legal system, impacts of historical and ongoing Anglo-Australian laws, social justice, cultural and international contexts, the principles and values of ethical practice, and contemporary developments in law and its professional practice.
b. An in-depth theoretical and professional knowledge of the law and its role in society, building on earlier legal knowledge and skills and/or practice. (1.1) - 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
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)
- Introduction to Justice as a Legal, Ethical and Philosophical Question
- What is Justice? A Survey of Political Theories of Justice
- What does Law have to do with Justice?
- Investigating different 'types' of justice in legal contexts: distributive, procedural, retributive, restorative.
- Whose Lives Matter/ed? Classic Theories of Justice in Historical Perspective
- Doing Justice? Key Contemporary Theories of Justice
- Analysing relationships between law, systems of law, institutions and contemporary approaches justice
- 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. |
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| 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, 3.1 and 5.1 |
| Weight: | 20% |
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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. |
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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: 1.1, 3.1 and 5.1 |
| Weight: | 20% |
| Length: | 1 x 750 words (Discussion Leader); and 2 x 450 words (Respondent) |
| Criteria: |
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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. |
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| 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, 3.1 and 5.1 |
| Weight: | 15% |
| Length: | Presentation: 15 min Draft: 1000 words |
| Criteria: |
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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. |
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| 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, 3.1, 4.1 and 5.1 |
| Weight: | 45% |
| Length: | 3000 words (excluding referencing). |
| Criteria: |
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Required texts
Readings as specified on Canvas via the Course Modules: the majority of reading materials are supplied electronically.