﻿ Course specification for HIS5115
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HIS5115 Advanced Legal History

Semester 1, 2020 Online
Short Description: Advanced Legal History
Units : 1
School or Department : School of Humanities & Communication
Student contribution band : Band 1
ASCED code : 090305 - History
Grading basis : Graded


Examiner: Catherine Dewhirst


Pre-requisite or Co-requisite: (LAW5111 and LAW5112) or LAW5501
Enrolment is not permitted in HIS5115 if LAW5114 or LAW5502 has been previously completed.


This course is designed to introduce students to the broader historical and socio-political underpinnings of law in Australia, including the significant influences of English law and the Constitution of the United States of America. It includes a study of English legal history before and after European settlement in Australia, the American constitutional settlement, the impact of European settlement on Indigenous Australians, and the legal consequences of political and social changes in Australia. It also includes the development of skills relevant to legal study, including critical thinking and communication.


Law is shaped by its surrounding society. The study of history requires an appreciation of the effect changing social habits and attitudes have on law, and the study of law requires an understanding of social and historical setting in which political institutions and law developed. Students will address concepts that have affected the development of Australian institutions and law, and the historical circumstances that gave rise to constitutional principles such as the rule of law, sovereignty, the role of Parliament, the electoral franchise and the separation of powers. The impact of law on Indigenous Australians will also be included.



  1. knowledge and understanding of the origins, social influences and broader historical contexts of the development of Australian law, and of fundamental Australian constitutional principles;
  2. thinking skills, including an emerging ability to identify, analyse and articulate the broader historical contexts for legal development and constitutional governance;
  3. communication skills, in particular the ability to respond to complex ideas and articulate the broader historical context within which law and legal institutions developed in an effective, appropriate and persuasive way.


Description Weighting(%)
1. The origins of the common law 8.00
2. Growth of the legal profession, the doctrine of precedent and law reporting 8.00
3. The English Revolutions: Parliament, king and courts in the 17th century 8.00
4. Responsible government, law and justice in 18th century England 8.00
5. The American constitutional settlement 8.00
6. Reform of the British Parliament and courts in the 19th century 8.00
7. Reception of English law in Australia 8.00
8. Self-government and law in colonial Australia 10.00
9. Indigenous Australia and the law in the colonial period 10.00
10. Federation 8.00
11. Australian constitutional independence and law in the 20th century 8.00
12. Indigenous Australia and the law in modern Australia 8.00

Text and materials required to be purchased or accessed



Vines, Prue 2013, Law and justice in Australia : foundations of the legal system, 3rd edn, Victoria Oxford University Press, South Melbourne.

Reference materials

Baker, John H 2010, Baker and Milsom sources of English legal history : private law to 1750, 2nd edn, Oxford University Press, Oxford.
Baker, John Hamilton 2002, An introduction to English legal history, 4th edn, Butterworths LexisNexis, London.
Broome, Richard 2010, Aboriginal Australians : a history since 1788, 4th edn, Allen & Unwin, Crows Nest, N.S.W.

Student workload expectations

Activity Hours
Directed Study 39.00
Independent Study 126.00

Assessment details

Description Marks out of Wtg (%) Due Date Notes
ONLINE QUIZ 10 10 23 Mar 2020 (see note 1)
ASSIGNMENT 1 30 30 18 May 2020
COURSE ENGAGEMENT 20 20 08 Jun 2020
ONLINE EXAM 40 40 End S1 (see note 2)

  1. The Quiz will open on the date indicated above and remain open for 7 days. Details will be available on Moodle StudyDesk

Important assessment information

  1. Attendance requirements:

  2. Requirements for students to complete each assessment item satisfactorily:
    Due to COVID-19 the requirements for S1 2020 are: To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks for that item.

    Requirements after S1, 2020:

  3. Penalties for late submission of required work:

    Due to COVID-19 the requirements for S1 2020 are: To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course.

    Requirements after S1, 2020:


  6. Examination information:
    Due to COVID-19 the requirements for S1 2020 are: An Open Examination is one in which candidates may have access to any printed or written material and a calculator during the examination

    Requirements after S1, 2020:

    Due to COVID-19 the requirements for S1 2020 are: The details regarding deferred/supplementary examinations will be communicated at a later date

    Requirements after S1, 2020:

  8. University Student Policies:

Date printed 19 June 2020