The rule of law is a specific historical development of global significance, and one that is inextricable from colonial histories and postcolonial conditions. Proponents throughout the world, including Australia and the Asia-Pacific, point to it as a solution to an array of problems. Critics for their part lambast it as neocolonial and exploitative. In this course, we cover the ground between these poles by turning to the rule of law in its particulars, through study of its relationship to colonialism and postcolonialism in Asia, Australia and beyond. By bringing together extractive colonial and settler colonial cases we aim to identify similarities and differences in the experience of colonialism and the rule of law, and query both the idea of the rule of law as preeminent political ideal for our time as well as contrariwise positions that treat it as nothing other than a fig leaf for colonial domination and oppression. Importantly, we will also look at the continuing legacy of colonial legal and political histories, and the relationship of the rule of law to political and social crises in our time.

By taking an historical and cultural approach to the rule of law, we will expand and deepen our understanding of these regions' pasts and present-day conditions, as well as adopt an empirically informed perspective on how and why the rule of law is so pervasive. Students will gain new insights into legal history and colonial power in a wide variety of places, including but not limited to Indonesia, India, Malaysia, Myanmar, and Singapore, as well as through regional organisations. They will also consider in detail how the interaction between colonialism and the rule of law in Australia is at once distinct from and similar to that of the country’s regional neighbours.

This course is jointly taught in the College of Asia and the Pacific and the ANU College of Law. The Department of Political and Social Change is offering the course for students enrolled in the Bachelor of Asian Studies and Master of Asia Pacific Studies, and in the ANU Law School for students enrolled in LLB and JD programs. The course will also be open to students in the Bachelor of Arts, and we expect interest from students doing the sociology, politics, development studies and human rights majors in particular. The course is deliberately transdisciplinary in its contents, modes of instruction and methods. It draws on a rich comparative socio-legal, anthropological, sociological and political scientific literature that in recent years has delivered an impressive range of studies on the rule of law in different colonial times and places, and work that ties the empirical contents of the course to overarching concepts of legality, authority and power.

Learning Outcomes

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

1. Synthesise, define and critically analyse keywords and contemporary debates shared across the disciplines of law, history, politics, and culture, focusing on advanced critical approaches to the rule of law, law and development, colonialism, and post-colonialism.
2. Compare, contrast and critically evaluate contemporary issues in the rule of law and colonial legacies across Asia and in Australia.
3. Recognise, distinguish and appraise research and methods across different fields in law and the social sciences.
4. Evaluate and compare a complex variety of textual sources from a range of different disciplines, contexts, and genres.
5. Plan and execute independent transdisciplinary research with the support and under the supervision of the course convenors.

Research-Led Teaching

This unit forms part of a major interdisciplinary and cross-College initiative. It introduces students to new research paradigms that connect law to the cultural forces and representations around us. Whether as a lawyer, an activist, a legislator, a writer, a diplomat, or a citizen, we face global challenges that require of us the ability to understand the relationship between legal and other important cultural discourses, both in texts and on the ground, in specific social and political contexts. This is not a course in doctrinal law—what law is—but in legal theory and method—how law works. It reflects the interdisciplinary research interests of the two course convenors, based in the College of Law and in the Department of Political and Social Change, and represents part of an ongoing collaboration which addresses in a comprehensive way the origins, development, and troubles of the rule of law in the context of colonialism and post-colonialism around the world.

Recommended Resources

A full list of readings will be made available on Wattle two weeks prior to the course commencement date.

Staff Feedback

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

• written comments
• verbal comments
• feedback to whole class, groups, individuals, focus group etc

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/current-students/forms-policy-procedures

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 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 is a valuable resource for gaining a comprehensive understanding of AI's role in academia.

• The ANU Academic Skills site provides useful information to ensure that you leverage AI responsibly and effectively.

• The ANU College of Law Academic Integrity and Misconduct site 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	Part I: Historicizing and situating the Rule of law.The Rule of Law: Idea and Practice	In line with the University’s recording policy, lectures will be recorded and made available for students on Echo360. However, lecture recordings are only an additional resource and they should not be taken as a substitute for regular attendance. If a recording does fail, there is no guarantee a replacement recording will be provided.
2	The Rule of Law: Metropole and Colony
3	Part II: Settler Colonialism. Places: An Empty Land
4	Times: Abysses of Colonial Temporality
5	Bodies: The Whiteness of Australia
6	Part III: Extractive ColonialismBodies: The Rule of Colonial Difference
7	Times: States of Emergency
8	Places: Law's Geo-bodies
9	Part IV: Late Settler Colonialism and Postcolonialism Bodies: Constantly Colonized Citizens?
10	Times: Regimes of Exception
11	Places: The Rule of Law's Imaginary Life on the Ground
12	Conclusion: Neocolonialism and the rule of law?

Tutorial Registration

ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.

Assessment Summary

Assessment task	Value	Due Date	Learning Outcomes
Short Response Essays	20 %	*	1,2,3
Tutorial Participation/Attendance	10 %	*	1,3,4
Research Essay	60 %	29/05/2025	1,2,3,4,5
On-Deck Assignment	10 %	*	1,3,4

* 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.

Examination(s)

There is no final examination for this course.

Assessment Task 1

Short Response Essays

Details of Task: The short response essay will test critical thinking, writing ability, and comprehension. Each week a series of questions will be released. The questions will focus on the student's ability to articulate, illustrate, and if possible critique specific concepts in the readings, and to relate it to the relevant text. Students will be asked to submit ONE short essay in response to ONE specific question which will relate to the set texts and readings. Students can choose any week and any question that interests them or suits their schedule (weeks 2 - 10 ONLY). A sign-up tool will be available via Wattle for students to allocate themselves to the question and week they will be responding to. Students will be required to submit their answer BEFORE the lecture to which the question relates. No submission after the lecture will be accepted, and therefore no extensions can be granted.

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

Weighting: 20%

Release: Ongoing. Questions will be released weekly (Weeks 1-9) in Wattle, a week before they are due.

Word Limit: 800 words

Due Date: The essays are due no later than 9:00 AM PRIOR to the lecture / seminar set down for this week. Due to the nature of the task, late submission is not permitted.

Estimated Return Date: Three weeks after submission.

Assessment Criteria: An assessment rubric will be available in Wattle.

Assessment Task 2

Tutorial Participation/Attendance

Details of Task: In order to encourage class participation, students will be asked to contribute actively to class discussion throughout the semester. Regular attendance is part of what is expected, but is not the only criteria employed. The assessment will evaluate both the depth and care in reading prescribed materials demonstrated, and also the way in which their contributions added to the overall atmosphere, engagement, and interest of the tutorial.

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

Weighting: 10%

Due Date: Ongoing. Due to the nature of the task, late submission or extension is not permitted.

Estimated Return Date: Feedback will be provided as and when appropriate, but the mark will not be released until the end of semester.

Assessment Criteria:

• regular attendance
• regular contribution to class discussions
• quality of reflection and ability to listen to and respond to the contributions and ideas of others
• respectful listening
• articulate and precise oral expression

Assessment Task 3

Research Essay

Details of Task: This research essay will enable students to apply their skills and knowledge to a theme, legal history or place of their choice. It will encourage high level interdisciplinary research and independent learning. The format of the course will allow students to complete the essay on their own schedule. This will give students greater capacity to explore their research and develop their interests. The convener will be available to consult with students over their essays throughout the semester by email, phone and face to face.

Specific research questions will be provided by the course convener no later than the mid-semester break; but students are encouraged to think of their own research questions and to discuss them with the course convener. Students should not write and answer their own research questions without first consulting with the course convener.

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

Weighting: 60%

Release: Mid-semester teaching break.

Word Limit: 2,400 words

Due Date: 5pm, Thursday 29 May 2025. Late submission (without an extension) is permitted, although late penalties will apply.

Estimated Return Date: Official end of semester results release date.

Assessment Criteria: An assessment rubric will be available in Wattle.

Assessment Task 4

On-Deck Assignment

Details of Task: You will asked to nominate one week during the semester when you will be available to be ‘on deck’ and answer questions from your tutor about the prescribed readings for

that week. The task is not intended to be a formal presentation, but to provide a week when you will be able to participate actively and constructively in the class discussions. You should study the readings carefully for that week and be prepared to express your opinions, criticisms, or illustrations of the author’s argument. Imagine that the author or authors in question are in the classroom: What would you say to them? What questions would you ask? What sentences or paragraphs from the prescribed readings did you find particularly significant, or, on the other hand, confusing?

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

Weighting: 10%

Due Date: Ongoing. All students will sign up to participate in one week, at the start of semester. Participation will be capped at no more than four or five students ‘on deck’ in any one week.

Due to the nature of the task, late submission or extension is not permitted. However, if sickness or special circumstances prevents you from attending the tutorial you signed up for, efforts will be made to assign you to a later week. Please consult your tutor.

Estimated Return Date: Short feedback will be provided on the day. The final mark for this assessment will not be determined however until the official end of semester results release date.

Assessment Criteria:

• quality of reflection and ability to listen to and respond to the contributions and ideas of others
• respectful listening
• articulate and precise oral expression
• clarity, intellectual rigour, and imagination of presentation

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. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.

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 tests 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 granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.

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