LAW 121G : Law and Society

Law

2020 Semester Two (1205) (15 POINTS)

Course Prescription

An introduction to theories of the nature, functions and origins of law and legal systems, including sources of law; comparative concepts of law; an overview of constitutional and legal arrangements in New Zealand, including the role of the courts; the operation of the legal system in historical and contemporary New Zealand with a focus on concepts of property rights, the Treaty of Waitangi, Treaty Settlements and proposals for constitutional change. Note: Does not meet the General Education requirement for LLB, LLB(Hons), LLB conjoints or LLB(Hons) conjoints.

Course Overview

The Law and Society course will cover five main areas:
1. The Branches of Government and Historical Background
2. Concepts of Law
3. The Global Context of Law
4. Law and Rights
5. Constitutional Directions
The course aims to encourage you to think about the characteristics of the New Zealand legal system and constitution, its colonial origins and the contemporary place of the Treaty of Waitangi,  and the impact of global perspectives on law in New Zealand. We invite you to develop your own views on how law and the legal system relate to important issues within our society:
• Why do we have the type of legal system we have?
• What were, and are, the influences (local and global) that frame it?
• How does it affect different groups of people?
• Does a legal system derived from Britain in the colonial era adequately deal with the rights of Maori and the duties of the Crown under the Treaty of Waitangi as they are now understood?
• Are there alternative constitutional arrangements that would more adequately meet the needs of all peoples in this country?

Course Requirements

Restriction: LAW 101

Capabilities Developed in this Course

Capability 1: Disciplinary Knowledge and Practice
Capability 2: Critical Thinking
Capability 3: Solution Seeking
Capability 4: Communication and Engagement
Capability 5: Independence and Integrity
Capability 6: Social and Environmental Responsibilities
Graduate Profile: University

Learning Outcomes

By the end of this course, students will be able to:
  1. Understand and evaluate how the New Zealand legal system works (Capability 1)
  2. Understand and critically evaluate some of the historical, political and international forces that have shaped and influenced the New Zealand legal system (Capability 1 and 2)
  3. Understand and explain Māori worldviews and the place of te Tiriti o Waitangi in the New Zealand legal system and constitution (Capability 1 and 6)
  4. Understand and analyse the role of international law in the New Zealand legal system (Capability 1)
  5. Critically assess the New Zealand legal system and offer informed opinions on how it operates, its strengths and its weaknesses (Capability 1 and 2)
  6. Provide well-founded thoughts and analysis on an array of contemporary and historic legal matters of significance to New Zealand (Capability 1 and 2)
  7. Identify, explain and evaluate possible future directions for the New Zealand constitution and legal system (Capability 1, 2 and 3)
  8. write coherent and well-reasoned essays (Capability 1, 2, 4 and 5)
  9. Apply some theoretical lenses to legal matters (Capability 1 and 2)
  10. Respects cultural and other forms of diversity and embraces difference (Capability 1 and 6)

Assessments

Assessment Type Percentage Classification
Essay 30% Individual Coursework
Final Exam 70% Individual Examination
Early assessment Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4 5 6 7 8 9 10
Essay
Final Exam
Early assessment
The early assessment is a short essay relating to tutorial 2 and will receive written comments and an indicative grade, but not count towards the final grade.

Learning Resources

The main resources for Law 121G are found on the Canvas page. A Course Materials book is also available for purchase from the university bookshop, ubiq. If you do not wish to purchase the book, you will find a link to a PDF of the Course Materials on Canvas. Also, links to the electronic reading materials can be found under the Reading List tab on Canvas.
The Course Materials are the only written resource you will need for this course. You will need access to the Course Materials for each class – either by printing off from the PDF file of the materials, or having a computer screen containing the PDF of the materials open (if you bring a computer to class), or by bringing a copy of the Course Materials book with you if you choose to buy that book.
The materials contain selected extracts from useful articles, books and cases. Some material is on Canvas only for reasons of copyright and length.
Readings are clearly allocated for each lecture as set out in the Class Schedule.
The readings consist of a variety of materials. A short introduction to the readings appears at the beginning of each class.
There are no prescribed textbooks for the course. If you do wish to read an introductory law text about the New Zealand legal system, then two books stocked in the ubiq bookshop (formerly the University Bookshop) are recommended for your consideration:
Jacinta Ruru, Paul Scott & Duncan Webb The New Zealand Legal System: Structures and Processes (6th ed, Lexis Nexis, 2016) Call Number - 349.95 M47 2016 (General Library Matauranga Maori Level G)
G Morris Law Alive: The New Zealand Legal System in Context (4th ed, Oxford University Press, 2019) Call Number - 349.95 M87 2015 (General Library Matauranga Maori Level G)

Workload Expectations

This is a standard 15-point course. There will be around 36 hours of lectures in this course. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 150 hours.

Digital Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website at http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page: https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter (https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html).

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course you may be asked to submit your coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. The final decision on the completion mode for a test or examination, and remote invigilation arrangements where applicable, will be advised to students at least 10 days prior to the scheduled date of the assessment, or in the case of an examination when the examination timetable is published.

Published on 06/07/2020 12:57 p.m.