78241 Reading the Law: Language, Power and Ideology
Warning: The information on this page is indicative. The subject outline for a
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.
Description
Language is of central importance to the law; indeed, there would be no law without language. Judgments, legislation and legal proceedings employ specific linguistic forms. In many legal cases, there are issues of interpretation and ambiguity, such as in relation to the words in a conversation, a term in a contract or a provision in a statute. The legal profession recognises the importance of language, particularly oratory skills, legal argument and reasoning, as well as the use of plain language. As an institution, the law is even regarded as having its own register, referred to as 'legalese'.
This subject builds core skills that students need to critically examine the relationship between the law and language. Students develop practical research skills to identify and synthesise resources including book chapters, journal articles and online sources that introduce seminar topics. Critical analysis and writing skills, as well as communication skills, are developed through students' close reading and rigorous discussion of texts addressing law as language and discourse. Students study and compare key linguistic theories including sociolinguistics, critical discourse analysis, narrative theory and semiotics. Using linguistic theories, students actively assess and critique legal texts, such as police interviews, contracts, legislation, court trial transcripts and judgments. Students apply a nuanced understanding of each linguistic theory to explain how the law uses language to exercise power and create meaning.
In seminar preparation and discussion, students engage with how the law is structured by class, gender, race and culture and explore how poor English-language skills may lead to disadvantage in the legal system. The subject examines how legal players construct important concepts, such as consent, provocation, intention and 'the reasonable person'. Students analyse and evaluate how language affects issues of justice, fairness and equality.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Investigate, synthesise and evaluate a range of linguistic theories and articulate their relevance to the analysis of law, language, power and ideology |
|---|---|
| 2. | Critically evaluate literature relating to discourse analysis of law and legal procedure and apply discourse analysis to legal texts |
| 3. | Present a clear and persuasive written argument that demonstrates the ability to critically evaluate at least one linguistic theory and apply it to a legal context |
| 4. | Express, debate and justify their interpretation of law and language theories and scholarship |
| 5. | Conduct effective legal research by identifying and synthesising primary and secondary legal and interdisciplinary texts in order to investigate the relationship between law, language, power and ideology |
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
Student preparation and self-directed learning
Students will be required to read and critically evaluate prescribed texts prior to class, available in the subject folder via Canvas. Set readings may be accompanied by additional online materials that students will access before the seminars. Students’ preparatory reading will be guided by a series of critical discussion questions, available via Canvas, which will allow students to develop critical reading skills by reflecting on how a text is argued, what evidence is used to support the argument and how it reaches a conclusion. Students will receive feedback from the seminar leader, available in class or via Canvas, on their responses to discussion questions for the seminars. This will assist them in preparation for the research essay assessment item.
Strategy 2
Seminar participation and facilitation
In each seminar, students will be required to actively lead and contribute to class discussion. Seminars will be based on a series of prior questions, which students will be required to reflect upon and answer before class. Students will share their reflections on seminar topics and questions, and be required to respond to and debate with their peers’ views and interpretations either in small groups or in class discussion.
Each student will be required to ‘co-facilitate’ one class seminar, together with another student and the seminar leader. This will involve initiating class discussion in relation to each discussion question, offering critical reflections on prescribed texts, and attempting to identify the themes addressed in that week’s seminar. Students will be required to conduct research to identify and synthesise at least one additional text relevant to their topic. This will assist them in developing research skills in preparation for the research essay assessment item.
Students will be provided with feedback, available in class or via Canvas, on their seminar facilitation, communication skills and critical analysis in class and as part of their seminar participation mark. Students will be encouraged to take responsibility for their own learning by orally presenting and defending their own views and interpretations of the linguistic theories and methods discussed.
Strategy 3
Collaborative learning
Students will engage in collaborative learning throughout the semester. They will be expected to participate in class discussions about the key concepts, ask questions and demonstrate their understanding, critical analysis and oral communication skills in relation to the set readings. Each student will be required to ‘co-facilitate’ one seminar together with another student. This will involve communicating with the other student to prepare approaches to initiating class discussion in relation to each discussion question, offering critical reflections on the prescribed texts and attempting to identify the themes addressed in the reading.
In small groups, students will also critically discuss and review a range of texts. Students will work in pairs to practice plain legal language drafting, using an existing statute or jury direction and will learn and practice key legal oratory skills. This will involve students working collaboratively to prepare and perform a piece of short script demonstrating legal oratory techniques and skills. Formative feedback will be provided during class on students’ ability to work together on legal strategy and use of legal oratory techniques.
Strategy 4
Developing legal research skills
Legal research skills are essential for developing an understanding of theoretical approaches to law. Through preparing for seminars, participating in seminar discussion and facilitation, and planning their research and essay, students will practice their legal research skills. Students will be exposed to research methodology choices, interdisciplinary research and importance of being able to articulate a research process. In the process of preparing for their final essay, students will be required to generate a draft abstract and 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 topic, research strategy and bibliographic sources ahead of the final writing task. In the research essay workshop, students will present their research essay outline to the class. During this presentation they will be given the opportunity to explain and discuss their choice of research question, research strategy and essay plan.
Strategy 5
Early Feedback
In addition to the feedback opportunities outlined above, students will submit assessment item 2 early in the program. The seminar leader will assess the work, with attention to clarity of writing style and clarity of argument. This task will facilitate low-stakes but directed feedback from the lecturer prior to the census date. The feedback provided on students’ writing style and articulation of argument will develop skills ahead of the final written essay task.
Subject Delivery: This subject will be delivered in three-hour seminars over 8 weeks.
Content (topics)
- Legal interpretation and legal rhetoric
- Language and the criminal justice system
- The language of statutes; plain legal language
- Language in the courtroom; oratory skills
- Reading gender in the law
- The language of Indigenous sovereignty
- Legal translation and interpreters; linguistic issues in refugee determinations
- Language crimes, the offensive and the obscene
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, 3.1 and 5.1 |
| Weight: | 20% |
| Length: | When answering the questions, students are expected to write a total of 3-500 words each week and to post their answers on to the Discussion Board on UTS Online. |
| Criteria: | Students should be able to demonstrate:
|
Assessment task 2: 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 both their peers and the seminar leader. As a result, this task will help prepare students for their final writing task. The task also demonstrates how to constructively evaluate written work and encourages peer collaboration. |
|---|---|
| Objective(s): | This task addresses the following subject learning objectives: 1, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 1.1, 3.1, 4.1 and 5.1 |
| Weight: | 10% |
| Length: | 300 words |
| Criteria: | Students should be able to demonstrate ability to:
|
Assessment task 3: Research Essay Draft
| 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 topic, their approach to answering the essay topic, and the appropriateness of their preliminary bibliography. |
|---|---|
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 5 This task contributes specifically to the development of the following graduate attributes: 1.1, 3.1, 4.1 and 5.1 |
| Weight: | 15% |
| Length: | 400 words plus a bibliography of 4–6 references in AGLC style |
| Criteria: | Students should be able to demonstrate ability to:
|
Assessment task 4: Research Essay
| Intent: | This task evaluates students’ engagement with course 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 |
|---|---|
| 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: | 55% |
| Length: | 3000 words (excluding footnotes) |
| Criteria: | Students should be able to demonstrate ability to:
|