Legal History

Course code LAWS5017Units 10Level 5000Faculty of Business and LawNewcastle Law School

LAWS courses are only available to students enrolled in Bachelor of Laws (LAWS) degree programs.

Legal History deals with topics in ancient and modern legal history, including aspects of the Roman legal system, the legal framework of slavery in English legal history and law reform movements and legislative action in the 19th century.

Not available in 2015

Previously offered in 2014
ObjectivesAt the end of this course you will be required to demonstrate:

1. The capacity to locate and use primary sources of legal history efficiently and effectively;
2. The capacity to engage in legal research and craft arguments based on a legal history topic provided by your lecturers;
3. A critical understanding of the sources of Roman Law and forms of legal regulation of the family and property in their social context;
4. A capacity for critical reflection on the process of law reform in nineteenth century England, including the role of law reform committees and their report, social movements and organisations, the Parliament and executive government
ContentTopics covered in this course:

1. Introduction to Legal history, ancient and modern, and its sources
2. Roman Law (1) Background to the Constitution and historical development of the legal system
3. Roman Law (2) Sources of Law
4. Roman Law (3) Patria potestas and the law of the Roman family
5. Roman Law (4) The Law of Marriage and Divorce
6. Roman Law (5) Emancipation and the law of adoption
7. Roman Law (6) Roman Wills and the law of succession
8. English Legal history: the law of slavery and its abolition (3 weeks)
9. English Legal history: the reform in 19th century England (3 weeks)

Law Reform stream may be chosen from the following or other analogous topics:
The Married Women's Property Acts, the regulation of child labour and/or compulsory education statutes, poor laws and their reform, contagious diseases legislation, the reform of legal process and the Judicature Acts, or Lord Shaftesbury's workplace reforms.
Replacing Course(s)NA
Industrial Experience0
Assumed KnowledgeLAWS1001A, LAWS1001B, LAWS1002A, LAWS1002B, LAWS2004A, LAWS2004B, LAWS3004, LAWS3004B, LAWS4011
Modes of DeliveryInternal Mode
Teaching MethodsCase Study
Assessment Items
Essays / Written AssignmentsEssay - Research assignment 50%
Examination: Take Home9am - 5pm - Critical reflection and commentaries on primary source data in context (50%)
Contact HoursSeminar: for 3 hour(s) per Week for Full Term
Compulsory Components
Requisite by EnrolmentThis course is only available to students enrolled in the Bachelor of Laws and associated combined degree programs or the Bachelor of Laws (Honours) and associated combined degree programs.