The course aims to introduce students to a cultural study of law, by exposing students to the humanistic intellectual tradition within the liberal arts. The course will be interdisciplinary. The topics and readings will be centred on the theme of the 'Foundations of Law'. The theme bears an allusion to the first-year compulsory course that all law students at the ANU have to take: the 'Foundations of Australian Law'. However, in this elective course, we are interested in a different kind of foundation. We will interrogate not the foundations of any particular legal system, but the foundations of law itself. Whereas the 'Foundations of Australian Law' equips students with the foundational skills of legal reasoning, this elective course invites students to take a step back to consider and interrogate the foundational mythologies of law. We will explore the 'Foundations of Law' through the humanistic disciplines of classics, literature, philosophy and theology: we will read classical plays (e.g. Antigone), contemporary novels (e.g. Lord of the Flies), philosophical works (e.g. Genealogy of Morals), and theological writings (e.g. Genesis and Exodus). These texts present different modes and means of inquiring into the assumptions and aspirations that we ascribe to law.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Critically analyse the relationship between law and the humanities.
2. Research and critically analyse the conceptual foundations of law within the humanistic intellectual tradition.
3. Critically reflect on the assumptions and aspirations of law.
4. Synthesise, critically evaluate and reflect, in written and oral form, on legal materials.
5. Formulate and execute interdisciplinary research in the area of law and the humanities.

Required Resources

Required readings will be made available on Wattle.

Recommended Resources

Whether you are on campus or studying online, there are a variety of online platforms you will use to participate in your study program. These could include videos for lectures and other instruction, two-way video conferencing for interactive learning, email and other messaging tools for communication, interactive web apps for formative and collaborative activities, print and/or photo/scan for handwritten work and drawings, and home-based assessment.

ANU outlines recommended student system requirements to ensure you are able to participate fully in your learning. Other information is also available about the various Learning Platforms you may use.

Staff Feedback

Students will be given feedback in the following forms in this course:

• Comment on Research Topic Proposal
• Class Discussion

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

Extensions, late submission and penalties: https://law.anu.edu.au/extensions-late-submission-and-penalties

Extenuating circumstances: https://www.anu.edu.au/students/program-administration/assessments-exams/extenuating-circumstances-application

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Penalties for excess word length: https://law.anu.edu.au/word-length-and-excess-word-penalties

Distribution of grades policy: https://law.anu.edu.au/grading

Assessment Reviews and Appeals: https://law.anu.edu.au/assessment-review-and-appeals

Further information about the course: is available from the course Wattle page. Students are required to access the Wattle site regularly throughout the course for any announcements relating to the course.

Artificial Intelligence (AI)

The ANU Academic Integrity website (https://www.anu.edu.au/students/academic-skills/academic-integrity ) provides information about services available to assist students with their assignments, examinations and other learning activities, as well as providing clear guidance on the responsible and ethical use of AI technologies.

The following resources may also be useful:

• The ANU Library's Libguide (https://libguides.anu.edu.au/generative-ai ) is a valuable resource for gaining a comprehensive understanding of AI's role in academia.

• The ANU Academic Skills site (https://www.anu.edu.au/students/academic-skills ) provides useful information to ensure that you leverage AI responsibly and effectively.

• The ANU College of Law Academic Integrity and Misconduct site (https://law.anu.edu.au/academic-integrity-and-misconduct ) provides content related to legal implications, ethical guidelines, and considerations when dealing with AI in the context of law.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Genesis ch 1-3: Story of Creation	This course will be taught through a series of workshops which will NOT be recorded.
2	Jean-Jacques Rousseau: State of Nature
3	Genesis ch 22: Story of Sacrifice
4	Carl Schmitt: State of Exception
5	Book of Exodus: Story of Liberation
6	Michael Walzer: Theory of Freedom
7	Letter to the Romans I: Fulfilment of the Law
8	Alain Badiou: Theory of Universalism
9	Letter to the Romans II: Termination of the Law
10	William Blake: Vision of Anarchism
11	Revelation: Story of the Apocalypse
12	Hannah Arendt: A Tale of Two Revolutions

Tutorial Registration

There are no separate tutorials in this course.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Class Participation	10 %	*	28/10/2024	3,4,5
Research Proposal	20 %	29/08/2024	13/09/2024	1,2,6,7
Research Paper	70 %	31/10/2024	*	1,2,6,7

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines , which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Extenuating Circumstances Application
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the Academic Skills website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the program. Students are expected to attend all classes.

Assessment Task 1

Class Participation

Details of Task: This task will assess the student's ability to engage with the course materials as a critical and creative reader, and participate in intellectual discussions based on the course materials. This course will be taught through a series of workshops in which student participation is crucial to the effectiveness of the course pedagogy. The workshops will NOT be recorded. 

Nature of Task: Compulsory and non-redeemable. Failure to complete this assessment will result in a mark of 0 for this assessment task.

Weighting: 10%

Duration: Throughout the 12 weekly workshops in the course.

Estimated Return Date: Monday 28 October 2024 via Wattle.

Assessment Criteria: The discussion in class should (a) be informed by the readings, and (b) engage with what others have said in class.

Assessment Task 2

Research Proposal

Brief Description: The Research Proposal must consist of (i) the topic, (ii) a brief description of the topic, and (iii) an annotated bibliography. The annotation should briefly note the relevance of each cited work to the topic. The bibliography WILL be included in the word count for this task.

Nature of Task: Compulsory and non-redeemable. Failure to complete this assessment task will result in a mark of 0 for this assessment task.

Weighting: 20%

Word Limit: 1,200 words

Release: The essay question will be released on Wattle on 5 August 2024.

Due date: 5pm, Thursday 29 August 2024, via Wattle. Late submissions (without an extension) are permitted, but late penalties will apply.

Estimated Return date: 5pm, 13 September 2024, via Wattle.

Assessment Criteria: (a) The chosen topic must engage with the course materials and the prescribed readings. Topics that do not adequately engage with the course materials and the prescribed readings will Fail this item of assessment. (b) The topic should demonstrate careful thought and reflection on the course materials. (c) The annotated bibliography should include the key texts, i.e. academic books and journal articles, that are relevant to the chosen topic.

Assessment Task 3

Research Paper

Brief Description: The research paper must be an academic essay with a well-defined thesis and argument in response to the essay question. The bibliography will NOT be included in the word count for this task. The topic ultimately chosen for the Research Paper can be different from the topic initially proposed in the Research Proposal.

Nature of Task: Compulsory and non-redeemable. Failure to complete this assessment task will result in a mark of 0 for this assessment task.

Weighting: 70%

Word Limit: 4,200 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Release: The essay question will be released on Wattle on 5 August 2024.

Due date: 5 pm, Thursday 31 October 2024. Late submissions (without an extension) are permitted, but late penalties will apply. Please be mindful that if you are in your final semester, late submissions will have an impact on your eligibility to graduate on time.

Return date: Official end of semester results release date via Turnitin.

Assessment Criteria: The paper must follow the instructions in the essay question and engage with the course materials and the prescribed readings. Papers that do not adequately engage with the course materials and the prescribed readings will Fail this item of assessment.

Content

Close, careful and thoughtful engagement with the course materials and the prescribed readings.

Clear explanation of what the paper is attempting to accomplish.

Ability to evaluate materials critically.

Quality and precision of supporting arguments.

Ability to anticipate and respond to possible objections.

Where necessary, use of appropriately chosen examples.

Structure

Clarity and coherence of structure and argument.

Construction of a sustained argument, including the avoidance of irrelevant discussion and repetition.

Expression

Clarity and precision of use of language.

Conventional spelling, grammar and syntax.

Avoidance of waffle.

Prose easy to read, argument easy to follow.

Compliance with the Australian Guide to Legal Citation.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. You must ensure that you upload the correct document on the specified submission due date and time. Any document modified after the due date and time will either incur a late penalty or will NOT be accepted. Unless an exemption has been approved by the Associate Dean (Education), submission must be through Turnitin in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item.
• Late submission is not accepted for test or examinations.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been given an extension. Where an extension is granted, the revised due date and submission time is provided in writing. Please note that the revised due date is calculated by including weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date are penalised by 5% of the possible marks available for the assessment task per day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item.

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material. Any use of artificial intelligence must be properly referenced. Failure to properly cite use of Generative AI will be considered a breach of academic integrity.

Returning Assignments

All marks and feedback will be provided by the return date listed in the class summary.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Resubmission of Assignments

Resubmission is not guaranteed. Please ensure that you have reviewed your submission carefully before you submit.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Accessibility for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents all ANU students