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States: When, Why and How they Happen (LAWS90150)
Graduate courseworkPoints: 12.5Not available in 2021
Please refer to the return to campus page for more information on these delivery modes and students who can enrol in each mode based on their location.
Overview
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States are important, as state-building exercises round the world indicate, yet there are regular suggestions that their significance is waning under pressure from globalisation externally and fragmentation internally. This subject examines this paradox from an internal perspective, addressing four main questions.
- What do we mean by “state”?
- Why do “states” arise (when they arise)?
- How do they manage to establish themselves?
- What problems do states face, and how do they try to overcome them?
To answer the questions, we have to consider political philosophy, history (including the meaning and purpose of history in state-making), the growth and operation of institutions, empires and decolonisation, the use of coercion in the functioning of states, the roles of constitutions, and the relationship between states on the international plane. We shall look at ideas of race and nation and their relationships to “state”, and undertake a number of case-studies, touching on Middle Kingdom Egypt through classical Greece and Rome, England since the fourth century CE, Ireland, the USA, Australia, and Bosnia and Herzegovina. Students will be encouraged to bring their own experiences and insights to the classes to illuminate the discussion.
Principal topics include:
- Ways of understanding the term “state”: language, sociology, history, and the relevance of “nation” and “people”
- Ways of legitimating state power: political theory and morality
- Ways of holding society together: Bryce, Durkheim and Weber
- Ways of establishing states: decolonisation, revolution, secession, international action
- Histories, institutions, values, religions and constitutions.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have a sophisticated, integrated, advanced, evidence-based understanding of commonalities and reasons for differences between states
- Have developed a sensitivity to complex, historical forces and be able to analyse their inter-relationships and management critically and creatively in the context of the life-cycles of states
- Be able to reflect critically on the roles of different types of institutions in state-building and maintenance
- Have an integrated understanding of the relationship between external and internal factors in the establishment of states
- Have developed to an advanced level an ability to use historical, social, legal and philosophical methods in studying states
- Be able to bring an informed, comparative, critical and reflective eye to questions concerning the existence, functioning and degradation of states, making appropriately critical and creative use of established theories and concepts
- Be able independently to interpret social, political and historical trends in state-building and form and communicate ideas and apply them to new situations
- Be able to transmit detailed understandings and ideas on these matters coherently, concisely and constructively to policy-makers, scholars, and a wider public audience
- Be able to demonstrate their ability to apply their skills at an advanced level and with a high level of autonomy and accountability by way of a substantial research paper or take-home examination.
Last updated: 30 January 2024
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
A working knowledge of constitutional law in at least one system of law and of statehood in international law, and some familiarity with classic works in political and/or social theory, would be an advantage, but are not essential.
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:
- The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
- The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
- The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
- The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
- The ability to work independently and as a part of a group;
- The ability to present orally and in writing legal analysis to a professional standard.
Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact Student Equity and Disability Support.
Last updated: 30 January 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Option 1: Take-home examination
| 15 - 18 November | 100% |
Option 2: Research paper on a topic approved by the subject coordinator
| 8 January 2020 | 100% |
Hurdle requirement: A minimum of 75% attendance | Throughout the teaching period | N/A |
Additional details
Note: Students must choose assessment from the options listed above.
Last updated: 30 January 2024
Quotas apply to this subject
Dates & times
Not available in 2021
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 30 January 2024
Further information
- Texts
Prescribed texts
Specialist materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 30 January 2024