Legal Pluralism (LAWS90284)
Graduate courseworkPoints: 12.5Not available in 2025
About this subject
Overview
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Appeals to the existence of “legal pluralism” have become very common in recent years. The term is now applied to a very wide range of phenomena including Indigenous reconciliation; international law; the self-regulation of transnational economic actors; the accommodation of religious difference; administrative law; access to justice; and alternative dispute resolution. Legal pluralism refers to the co-existence of more than one legal order in the same (or overlapping or interacting) social space. It is not so much a theory as the realisation that we live in a legally plural world and that we had better understand that world and how to navigate within it.
It is like comparative law, but radicalised:
a) it takes seriously legal orders that are not the product of state action, emphasizing that law emerges through human interaction generally and not merely by state decree; and
b) it emphasises that legal orders are constantly interacting and that good legal analysis needs to explore how they interact and how we, as legal actors, ought to respond in consequence.
Given the very different areas of law in which legal pluralism is invoked, we are left to wonder whether the term is used to refer to the same phenomena. The conceptual resources used to explain and navigate those areas – even the significance attached to legal orders – can be very different in different fields.
In this subject, we will move back and forth between practical contexts and legal theory, examining the central ideas of legal pluralism, studying how they are applied in several key areas, and considering the concept’s utility, insights, and limitations.
Principal topics will include:
- The meaning of “legal pluralism”, its key texts, and its place within legal theory and legal argument.
- The use of the concept in practice across several key areas, including Indigenous reconciliation, the recognition and role of norms generated by supra-national economic entities, religious difference, and administrative law.
- Assessments of the value, effectiveness, and limitations of the concept.
- Assessments of the ways in which the concept can be best developed to ensure that we navigate effectively within our legally plural world.
Intended learning outcomes
A student who has successfully completed this subject should be able to:
- Critically assess and discuss the key elements and nuances of legal pluralism as a theory.
- Discern the role and limitations of legal pluralism across several key areas of law, including administrative law, international economic regulation, Indigenous reconciliation, and the accommodation of religious diversity.
- Critically evaluate the arguments made by socio- economic and legal actors within the framework of legal pluralism.
- Recognise the inherent value of the concept of legal pluralism and appraise its potential for being deployed and developed to better understand and operate in diverse legal contexts.
Last updated: 4 March 2025
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Recommended Knowledge: No specific prerequisites required, but a legal education or strong background in political theory, internationally or in Australia, is recommended.
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 University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 4 March 2025
Assessment
| Description | Timing | Percentage |
|---|---|---|
Class participation | During the teaching period | 10% |
Option 1: Take-home examination
| 10 - 13 May 2024 | 90% |
Option 2: Research paper on a topic approved by the subject coordinator
| 22 May 2024 | 90% |
| Hurdle requirement: A minimum of 75% attendance is required. | N/A |
Last updated: 4 March 2025
Quotas apply to this subject
Dates & times
Not available in 2025
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a 'first in' basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of waitlisted 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.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 4 March 2025
Further information
- Texts
- Related Handbook entries
This subject contributes to the following:
- 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.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If subject coordinator approval is required prior to enrolment, or for further information about the pre-requisites for Community Access Program study, please contact us:
- prospective CAP student enquiries;
- existing CAP student enquiries (if you have a current Unimelb login).
- Available to Study Abroad and/or Study Exchange Students
Last updated: 4 March 2025