LEGAL STUDIES A
A subject of 4 one-hour classes a week throughout the year.
SPECIAL REQUIREMENT Attendance at class is compulsory.
SYLLABUS
The operation of the law as an instrument of social control. This over-riding aspect of the subject will be studied in detail by an examination of the historical development of the law and by an analysis of what is law. Law, rules, justice and morality will be distinguished, developing an awareness of the purpose of the law and the law-making and law-enforcing authorities; students will study the legal process and fashioning of the law, specifically oriented toward the criminal law and other areas of substantive law chosen during the year.
BOOKS
Preliminary Reading:
Maher, Derham and Waller Prescribed:
Brett and Waller Hart, H.
Howard, C.
Maher, Derham and Waller Maher, Derham and Waller Reference:
Borrie, G. and Diamond, A.
Campbell, E. and Whitmore, H.
Cross, R.
Diamond, A.
Greene, I., Moloney, R. and Bates, N.
Lloyd, D.
Paton, C.
Salmond, J.
Schwarts, R. D. and Skolnick, J. H.
Simon, R. J.
Smith, J. C.
Starke, J. and Higgins, P.
Street, H.
Ward, P. and Woods, G.
Zander, M.
Ziegal, J.
Further reading will be prescribed ASSESSMENT
• Two major assigments comprising 40 per cent of the assessment;
• one examination at the end of the year comprising 60 per cent of the assessment.
9 points
An Introduction to Law Law Book Coy Cases and Materials on Criminal Law The Concept of Law OUP
Australian Criminal Law
An Introduction to Law Law Book Coy
Cases and Materials on the Legal Process Law Book Coy
Consumer, Society and the Law Penguin Freedom in Australia SUP
Precedent in English Law Evolution of Law and Order Watts Readings in Legal Studies Law Book Coy The Idea of the Law Pelican
Jurisprudence OUP The Law of Torts Stevens
Society and the Legal Order Basic Books The Sociology of Law Chandler Publishing Co.
The Law of Theft Butterworth
The Law of Contract Cheshire & Fifoot Butterworth Freedom, the Individual and the Law Penguin Law and Order in Australia Angus & Robertson Cases and Materials on the English Legal System Law and Social Change Osgood Hall Law School
throughout the year.
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.EGAL STUDIES B 12 points A subject of 4 one-hour classes a week throughout the year.
SPECIAL REQUIREMENT
Attendance at classes is compulsory.
Prerequisite: Legal Studies A.
SYLLABUS
Consideration of the link between social objectives and two aspects of the law involving the individual:
• the individual as a member of a legal and social institution — the family; and
• the individual as a member of society — consideration will be limited to the area of criminal law and its social objectives.
A. The Individual in Family Law
The individual establishing formal family relationships: engagements, marriage and adoption. His / her role in the family unit — his / her marital rights and duties toward other members. particularly in regard to maintenance, property, custody and child rearing. Termination of marriage including nullity and divorce. Consideration of child neglect and abuse, illegitimacy, non-legal and institutional reforms and the social policies they encourage.
B. The Individual and Criminal Law
Examination of the rationale for, and content of criminal law as it affects the individual.
The law's development, with emphasis on the requisite mental element. Consideration of homicide, offences against the person, larceny, crimes without victims and public offences. The procedure in criminal law and its use as a means of controlling and influencing the individual's behaviour. Operation of police forces and courts and the function of punishment in enforcing society's intentions on the individual.
BOOKS
Preliminary Reading:
Campbell, E. and Whitmore, H.
Finlay, H. A. (ed.) Fitzgerald. P. J.
Prescribed:
Hambly, D. and Turner, J. N.
Brett, P. and Wailer, P. L.
Reference:
Bourke, J. P. and Fogarty, J. F.
Brett, P.
Bromley, P. M.
Campbell, J. S., Sahird, J. R.
and Stang, D. P.
Douglas, R.
Erikson, K. T.
Finlay, H. A. and Bisset- Johnson, A.
Freedom in Australia SUP 1966 Chapter 2 Divorce, Society and the Law Butterworth 1969 Criminal Law and Punishment OUP 1962 Crimes Act 1958 plus Amendments (Victoria) Cases and Materials on Australian Family Law Law
Book Coy 1971 Marriage Act (C'wealth)
Criminal Law: Cases and Text 3rd edition But- terworth 1971
Family Law Acts 1975
Maintenance, Custody and Adoption Laws 3rd edition Butterworth's Annotated Acts Victoria 1972
An Inquiry into Criminal Guilt Law Book Coy 1973 Family Law 3rd edition Butterworth 1966 Supple-
ment 1969
Law and Order Reconsidered Bantam 1969 Social Aspects of Law: An Australian Perspective
Heinemann Educ. 1973 Wayward Puritans Wiley 1966
Family Law in Australia Butterworth 1972
119
Hall, J.
Howard. C.
Jackson, J.
Joske, P. E.
Morris, N. and Howard, C.
Morris, N. and Hawkins, G. J.
Schur, E.
Smith, J. C. and Hogan, B.
Toose, P., Watson, R. and Benjafield, D.
Walker, N.
Ward, P. and Woods, G.
Williams, G. L.
General Principles of Criminal Law 2nd edition Merril 1960
Australian Criminal Law 2nd edition Law Boot Coy 1970
The Formation and Annulment of Marriage 2nd edition Butterworth 1969
Matrimonial Causes: Marriage, Law and Practice Butterworth 1969
Studies in Criminal Law OUP 1964
Honest Politician's Guide to Crime Control Sun 1970
Crimes Without Victims Prentice-Hall 1965 Criminal Law 2nd edition Butterworth 1969 Australian Divorce Law and Practice Law Book Coy
1968 Supplement 1969
Crime Courts and Figures Penguin 1973
Law and Order in Australia Angus & Robertson 1972
Criminal Law 2nd edition Stevens 1961 Further reading will be prescribed during the year.
ASSESSMENT
• One three-hour paper at the end of the year comprising 70 per cent of the assessment;
• prescribed submissions comprising 30 per cent of the assessment.
LEGAL STUDIES C 12
pointsLAW AND GOVERNMENT
A subject of 2 one-hour lectures and 1 one-hour tutorial a week throughout the entire year.
SPECIAL REQUIREMENT
Attendance at classes is compulsory.
Prerequisite: Legal Studies B SYLLABUS
This subject is an extension of Legal Studies B in that it will continue to explore the role of law in society by examining the links between social objectives and the use of the law in the attainment of those objectives.
A. Reference will be made to the relationship between social-economic policy and the law.
B. A study of federalism will be made to explore the relationship between Federal and State legal institutions.
C. A study will also be made of the rules of administrative law as they apply to the regulation-making process and administrative tribunals generally.
The overall theme will be explored through the medium of the following legal institutions:
• The Trade Practices Commission
• The Prices Justification Tribunal
• The Consumer Affairs Bureau
• The Small Claims Bureau 120
BOOKS Reference:
Benjafield and Whitmore Brett, B. and Hogg Commercial Clearing House Commercial Clearing House Commercial Clearing House Crisp, L. F.
De Smith, A. S. Fajgenbaum and Hanks Ford, H.
Gower Haddon. T.
Howard, C.
Taperall. G. Q. Vermeesh and Harland
Administrative Law
Cases and Materials on Administrative Law Annual Reports of the Prices Justification Tribunal Annual Reports of the Consumer Affairs Bureau Annual Reports of the Small Claims Tribunal Australian Federal Government
Constitutional and Administrative Law Penguin Australian Constitutional Law Butterworth Company Law Law Book Coy
Company Law Butterworth
Company Law and Capitalism Wedenfeld &
Nicholson Butterworth's Company Law Service Australian Federal Constitutional Law Law Book
Coy
Trade Practices and Consumer Protection But- terworth 1974
Further reading will be prescribed during the year.
ASSESSMENT
• One major research paper comprising 40 per cent of the assessment;
• one paper at the end of the year comprising 60 per cent of the assessment.