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Unit outline_

LAWS5143: Interpretation

Semester 2, 2023 [Normal day] - Camperdown/Darlington, Sydney

Legal interpretation is the process by which the legal meaning of a text is worked out by reference to the text considered in context and with regard to its purpose. This course deals with the principles and methods of legal interpretation. While mainly relating to statutory interpretation, the unit will also cover aspects of the law of interpretation of private law instruments, the Constitution, and treaties. The principles and methods of legal interpretation are directed to a purpose - to answer a question about contested legal meanings. The course will focus on the primary elements of interpretive practice: reading and understanding the text in its proper context, and in the light of its purpose and the objective intention of the drafter. The course will cover: * Approaches to legal interpretation, with emphasis on the function of interpretation in private and public law. * Aspects of the interpretation of private instruments - wills, contracts, testamentary dispositions, collective agreements. * Drafting and clear expression. * Principles of statutory interpretation, including the conventions of grammatical interpretation of statutes; the use of technical words; the need to read the instrument as a whole; the role and function of interpretation acts, including legislation requiring consideration of Human Rights principles; approaches to ambiguity and inconsistency of language; specific common law principles and presumptions of interpretation; the use of extrinsic aids to interpretation, and the identification of statutory purpose. * Aspects of interpretation of national and international instruments - Constitutions and treaties. Part of the course content will be taught by eminent guest lecturers from the Faculty and the profession.

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
LAWS5002 and LAWS5007
Corequisites
? 
None
Prohibitions
? 
LAWS3443
Assumed knowledge
? 

None

Available to study abroad and exchange students

Yes

Teaching staff

Coordinator Patricia Lane, patricia.lane@sydney.edu.au
Type Description Weight Due Length
Assignment Final Assignment
Final written assessment
30% Formal exam period
Due date: 13 Nov 2023 at 09:00

Closing date: 20 Nov 2023
2000 words / 24-28 days
Outcomes assessed: LO1 LO2 LO3 LO4
Assignment Written Assignment
Interim assessment
40% Week 07
Due date: 15 Sep 2023 at 16:00

Closing date: 22 Sep 2023
2500 words / 46 days
Outcomes assessed: LO1 LO3 LO2
Assignment Drafting Exercise
Written task
30% Week 11
Due date: 16 Oct 2023 at 16:00

Closing date: 23 Oct 2023
1500 words / 49 days
Outcomes assessed: LO1 LO4 LO2

Assessment summary

Written assignment (40%): All students are required to complete a written assignment, 2500 words, based on a topic to be released Monday 31 July 2023. The topic will cover material dealt with in the first 12 lectures of this unit of study.  This Assignment is designed to test students’ ability to identify and classify interpretive arguments, and to understand and articulate the way judges approach and resolve conflicts over the application of legal text. The Written Assignment is due 4pm Friday 15 September 2023 (Sydney, Australia time).

Drafting exercise (30%): All students are required to complete a written drafting assignment based on a topic to be released Monday 28 August 2023. Students are to produce a clear text dealing with the issues raised in the drafting instructions (and accommodate any relevant constraints), using appropriate legislative drafting form. The Drafting Exercise has a word limit of 1500 words. Students may submit explanatory/additional material, 1000 words maximum, which may be considered in assessing the draft. The Drafting Exercise is due 4pm Monday 16 October 2023 (Sydney, Australia time).

Final assignment (30%): All students are required to select ONE of the following three options for the final assessment of this unit. Regardless of which option is chosen, the assessment choice will account for 30% of the total grade. The same deadline applies to all three options, namely, 9am 13 November 2023 (Sydney, Australia time). 

  • Analytical Essay:  the subject matter will be on a topic which requires students to integrate the learning over the whole unit of study. The word limit is 2000 words. The topic will be released by Monday 16 October 2023. The deadline is 9am 13 November 2023 (Sydney, Australia time).

OR

  • Self-Set Research Essay:  Students may undertake research on a topic of particular interest. The topic must pose a question to be answered within the 2000 word limit.  Students proposing to undertake this option should submit a proposed question and brief explanation of the area of research they wish to investigate before 29 September 2023 and topics must be approved by Monday 16 October 2023. (Due to the consultation required to set this written assessment, anonymous submission may not be practical.)  The deadline is 9am 13 November 2023 (Sydney, Australia time).

OR

  • Long Problem:  Students may choose to undertake a long problem involving actual application of statutory provisions to a hypothetical scenario. The word limit is 2000 words. The Long Problem will be released Friday 20 October 2023. The deadline is 9am 13 November 2023 (Sydney, Australia time).

Students must retain earlier drafts of their assessments on file to ensure they can demonstrate compliance with Academic Integrity requirements.

Detailed information for each assessment can be found on Canvas.

Special consideration: Successful grants of Special Consideration will generally result in an extension of time but may involve alternative tasks, as appropriate, at the discretion of the co-ordinator.

Use of editors or proof-readers: The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking). The use of Studiosity does not breach this rule but must be acknowledged.

Word limit penalty: A submission that exceeds the prescribed word limit will attract a penalty of 1 mark for every 100 words, or part thereof, over the limit.  

For the Written Assignment (40%), the word limit includes all footnotes but excludes any bibliography.

The Drafting Exercise (30%) has a word limit of 1500 words strictly confined to the text of the draft legislation. Students may submit explanatory/additional material in footnotes, 1000 words maximum, which may be considered when assessing the draft.

For the Analytical Essay (30%), Self-Set Research Essay (30%) and the Long Problem (30%), the word limit includes all footnotes but does not include any bibliography. Students should submit a bibliography if they wish to demonstrate the research they undertake.

Each submission, referred to above, must contain a statement on the first page clearly indicating the number of words (including footnotes). There is a penalty of 5 marks for falsely stating the number of words.

Assessment requirement to pass a unit of study

A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

  • Completely answers the question.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research (where independent research required).
  • Exceptionally well written, structured and expressed.
  • Is otherwise exceptional in some way.

Distinction

75 - 84

  • Completely answers the question.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research and analysis to support a well-documented argument.
  • Generally well expressed and free from errors.
  • Has a clear structure and is well articulated.

Credit

65 - 74

  • Covers main issues fairly well in answering the question.
  • Contains no significant errors.
  • Demonstrates an attempted critical approach to the issues.
  • Demonstrates reasonably sound research and analysis in addressing the key issues.
  • Has a clear structure and reasonably clear expression.

Pass

50 - 64

  • Identifies the key issues, but does not follow through with a reasoned argument.
  • Contains some significant errors.
  • Displays satisfactory engagement with the key issues.
  • Offers a descriptive summary of material relevant to the question.
  • Superficial use of material, and may display a tendency to paraphrase.
  • Demonstrates little evidence of in-depth research or analysis.
  • Adequate expression.
  • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.

Fail

0 - 49

  • Does not answer the question.
  • Contains significant or numerous errors.
  • Few or no identifiable arguments.
  • Content that is inappropriate or irrelevant.
  • Lack of research or analysis.
  • Difficult or impossible to understand through poor grammar, expression or structure.
  • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

A late submission which has not been granted an extension, will attract a penalty of 1 mark per calendar day or part day overdue. Late penalties will be strictly applied subject to a grace period of 1 hour. The date and time of submission as recorded by Canvas is taken as the official and final record of a student’s submission.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

WK Topic Learning activity Learning outcomes
Week 01 Introduction to the course - the function and context of legal interpretation; Approaches to legal interpretation Seminar (2 hr) LO1 LO2
Words and meaning - an exercise in text and context Seminar (2 hr) LO1 LO2
Week 02 Words and rules Seminar (2 hr) LO1 LO2 LO3
Drafting - hands on; Class exercise Seminar (2 hr) LO3 LO4
Week 03 Interpretation in private law - wills, contracts and trusts Seminar (2 hr) LO1 LO2 LO3
Contracts - Interpretation, implication, and statutes Seminar (2 hr) LO2 LO3
Week 04 "words words words" - the text and limits of clear meaning Seminar (2 hr) LO2 LO3
Text and context - the literal meaning and the legal meaning Seminar (2 hr) LO2 LO3
Week 05 Statutory purpose and legislative intention - translating policy into practice Seminar (2 hr) LO2 LO3
The process of legislative drafting Seminar (2 hr) LO1 LO2 LO3
Week 07 Instructions about interpretation – Interpretation Acts and other statutory provisions Seminar (2 hr) LO1 LO2 LO3
Statutes and their relationship with common law – history and the canons of construction. Seminar (2 hr) LO1 LO2 LO3
Week 08 Statutes and the common law again – the concept of “codes”. Seminar (2 hr) LO1 LO2 LO3
The anatomy of a statute Seminar (2 hr) LO1 LO2 LO4
Week 10 Drafting workshop statutes – hands on! Seminar (2 hr) LO1 LO4
The boundaries of legislative, executive and judicial power: Human Rights statutes. Seminar (2 hr) LO1 LO4
Week 12 Themes in drafting Seminar (2 hr) LO1 LO2 LO3
Fiddling with the common law – policy, purpose and the Civil Liability Act 2002 Seminar (2 hr) LO1 LO2 LO3
Week 13 Interpreting the Constitution Seminar (2 hr) LO1 LO2 LO3
Treaty Interpretation and international law Seminar (2 hr) LO1 LO2 LO3

Attendance and class requirements

Attendance: All students are required to attend 70% of classes to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376

Please check assignment topic instructions for specific referencing requirements for each assignment.

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

All readings for this unit can be accessed through the internet or the Library Reading List available on Canvas.

  • Herzfeld, P; Prince, T, and Tully, S: Interpretation and use of Legal Sources (The Laws of Australia) Thomson Reuters 2013

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. analyse the nature of legal interpretation and its role in the legal system.
  • LO2. evaluate different methods employed in the task of interpretation.
  • LO3. critically examine the guiding principles underlying legal interpretation and apply them in relevant contexts.
  • LO4. synthesise practical experience gained during the course to create effective legal texts.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

Changes made to learning activity schedule and dates for assessment activities

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.