Law in Social Theory (SOLS30001)

Law in Social Theory builds upon issues introduced in Law in Society, and Law, Justice and Social Change. It examines the theories of the function and role of law propounded by a range of social and legal theorists and movements, including Jürgen Habermas, Niklas Luhmann, Patricia Williams, Pierre Bourdieu, Catherine McKinnon, and others. Students examine these different theories of how law works and law's role, using them as a lens on questions of justice and crime. Each week these theories are considered in light of and tested against contemporary criminological and socio-legal problems selected by the students and the lecturer. Case studies in the past have included the David Hicks trial, the International Criminal Tribunal for Rwanda, closure of live music venues, the Northern Territory National Emergency Response, criminal record legislation, sex discrimination in the workplace and the use of art experts in the courtroom. The purpose of the course is thus two-fold: to become familiar with different theories of the function of law in relation to society, and to consider the insight these theories bring to different criminological and socio-legal problems.