Themes

The new Stage 6 syllabus for legal studies has met with a general acceptance from teachers across the State. Some concern was initially expressed about the teaching of Part 2, “The Individual and the State”, in Year 11. This section of the course is not meant to be taught in isolation. It is envisaged that it will be covered in conjunction with Parts 1 and 3.

The inclusion once again of “Themes” in the syllabus has also met with teacher approval. These themes are a constant reminder to teachers that they are teaching an issues-based course, not a “black letter” law course. The Board of Studies syllabus in legal studies is designed to develop in students an understanding of the role of law and legal institutions in society, on both a domestic and international level. The course aims to have its students investigate the legal system and critically examine its effectiveness in promoting justice and fairness for all citizens. The themes allow for such an investigation.

The six themes of the legal studies syllabus are:

1. Justice, law and society
2. Culture, values and ethics
3. Conflict and cooperation
4. Continuity and change
5. Legal processes and institutions
6. Effectiveness of the legal system.

Teachers should note that number 6 is a new theme to the course. It has always been present in the teaching of the course and is now acknowledged as a theme.

These themes are the focus for the structure of the course. Page 9 of the syllabus has the themes printed at the top of the course structure outline. This is done to remind teachers that they must be integrated across all components of the course.

Teachers are again reminded of the importance of the themes on pages 14, 21 and 26 of the Preliminary course, where Parts one, two and three of the course are outlined in conjunction with the themes. This is carried over into the HSC course on pages 40, 44 and 48, where again the course outline is linked to the themes. The themes are also reflected in the headings used in the learn about statements of the optional focus groups.

To further emphasise the importance and role of the course themes, they are reflected in the course objectives and outcomes. This is explained below.

The first objective of the course is that a student develops knowledge and understanding about the general nature, processes and institutions of domestic and international law functions, systems.

This objective is then expressed in the course outcomes for students.

P1.1 identifies legal concepts and terminology and applies them to appropriate legal contexts
P1.2 describes how the legal system operates in Australia P1.3 describes the major international processes and institutions
H1.1 applies domestic and international legal vocabulary in appropriate contexts
H1.2 assesses the role of the Australian and major international legal institutions.

The themes of Legal processes and institutions and, to a lesser extent, Justice, law and society are
encapsulated in these outcomes.

The second objective, the operation and dimensions of the Australian and international legal systems and the importance of the rule of law, reflects the themes of Justice, law and society and Effectiveness of the legal system.

The themes Culture, values and ethics and Continuity and change are embodied in the third objective: How changes in societies influence change and reform in the law.

The fourth objective, access to and participation in the legal system and methods of dispute resolution, is a clear reflection of the themes of Conflict and cooperation and Effectiveness of the legal system. Note the skills objective and outcomes are a reflection of the key competencies found on page 13 of the syllabus.

The syllabus expects teachers to follow through with these themes in their teaching of the content of the course. The themes are further emphasised in the focus groups in the Preliminary part of the course. In the learn about statements the content is linked to the themes under three headings:
1. Status under the law: emphasising Culture, values and ethics and Continuity and change
2. Mechanism for achieving justice: emphasising Legal processes and institutions and Conflict and
cooperation.
3. Responsiveness of the legal system: emphasising Effectiveness of the legal system and Justice, law and society.

When the learn about statements in the topic areas are examined and subsequently taught, the material presented and class discussion will need to reflect the themes. Teachers and students cannot escape the themes. They are crucial to the course. They are what tie the course together and cannot be over-emphasised.

From an examination of the syllabus it is clear that this is not a course about legislation: it is a course that aims to develop students’ knowledge, understanding and skills in relation to the legal system and its effectiveness in promoting a just and fair society, with a view to empowering students to participate effectively as citizens at the local, national and international level.

John Gore
CEO, HSIE