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Topic: Foundations of Law – Law and Culture

Order Description
The Question is as follows:
‘…Law does not exist in isolation. To understand how a culture is put together and operates, therefore, one cannot fail to consider law; to consider law, one cannot fail to see it as part of
culture.’
(Lawrence Rosen, ‘Introduction’ in Law as Culture (Princeton, 2006) page 5)
Do you agree with these sentiments of Rosen that law and culture are ‘inextricably entwined’? In what ways do you see this playing out in contemporary Australian society (whether positively
or negatively)?
(‘inextricably entwined’ as above page 7)
In your answer you should consider and comment on one of more of the connected themes from Week 1-5. These are:
1. The impact of culture on creation and interpretation of law
2. The power represented in law and imposed by law
3. The role of community ‘standards’ and ‘values’ in the creation and maintenance of law
4. The role of an individual’s cultural background in the interpretation of law; and
5. The role of stories/narrative for legal authority.
In your essay you must ALSO consider and refer to:
At least one (1) contemporary example* from Australian society; and
At least two (2) journal articles that have NOT been referred to in you LLB 160 readings**
This is an exercise in critical analysis and argument. This means you will need to rely upon appropriate scholarly sources to support your arguments. You need to go beyond the required reading
and use the skills gained in Autumn Session to find books, journal articles and other scholarly materials as authority for your perspective.
Whatever material you use to complete this assignment, ensure you understand it and incorporate it into your argument, rather than merely quoting parts of it. It is your understanding and
argument that is being assessed, not that of others. Do not waste space on lengthy descriptive passages of any case, article or textbook. Focus on constructing arguments to answer the
question and use the scholarly material to illustrate and support the points you want to make.
* The time period for a contemporary example has since been set at best within the last 12 months but this can be extended to 2 years if necessary
The Law faculty at my university uses the Australian Guide to Legal Citation as it’s referencing point.
 
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