This unit critically examines the development of the modern criminal law and process (broadly, since end eighteenth century). In terms of process, topics to be considered may include the development of the adversarial trial system, the decline of capital punishment, the formalization of rules of evidence and proof, the growth of the summary jurisdiction, and the appearance of 'hybrid' civil/criminal procedural forms. In terms of criminal law, topics may include non-fatal offences against the person, sexual offences, possession and 'endangerment' offences. The discussion of these topics is set in the context of legal scholarly discourse (criminal law theory) and the unit provides opportunity for reflection on the contemporary challenges of coordination and legitimation facing the criminal law. This unit adopts an explicitly critical socio-historical approach to the study of law. Discussion of relevant legal theoretical scholarship forms a core part of the subject matter of the unit.
Sep 27, 28 and Oct 4, 5 (9-5)
class participation (10%), class presentation (20%) and 6000wd essay (70%)
LAWS6034 Gender, Violence and the Criminal Law, undergraduate criminal law or permission given by Unit Coordinator.