Legal Systems and Societies
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An introduction to the sources and institutions of law in Aotearoa/New Zealand, with particular reference to statute, custom as illustrated by Maori customary law and the common law, and the distinctive position of the Treaty of Waitangi. The paper will survey the institutions of law and their roles in the making and enforcement of law in their social and historical contexts.
This is a whole year paper. There are two teaching components in this paper: lectures and tutorials.
The whole class must attend lectures. There will be 10 tutorials over the course of the paper, 5 in each semester. These tutorials allow students to discuss important issues arising from the lectures in a small group environment. You are required to attend all tutorials.
Faculty of Law places great emphasis on providing students with opportunities for high achievement in law papers. Tutorials allow students to learn effectively in small groups. Attendance is therefore required for satisfactory completion of the paper. An understanding of topics and materials discussed in tutorials is essential for success in both internal assessment and examinations.
A record will be kept of student attendance at tutorials. Students who do not attend at least two of the first 3 tutorials will receive a letter from the faculty. The letter will restate the importance of tutorials. The letter will also say that tutorial attendance will be a factor taken into consideration in the event that the student is required to apply for re-entry.
Students who successfully complete the course should be able to:
The learning objectives of this paper are derived from the New Zealand Council of Legal Education prescriptions for compulsory subjects. The requirements for the Legal Systems paper are:
‘An historical introduction to, and a descriptive outline of, the legal systems in England and New Zealand, including the structure of government, civil and criminal proceedings, the sources of law and the main divisions of substantive law. Legal reasoning and the judicial process, including an introduction to statutory interpretation. An elementary treatment of legal concepts’.
With such guiding principles in mind, the objectives of this paper, as taught at Waikato, are to introduce students to the history, structure and operation of the New Zealand legal system. This will involve an exploration of the social context that the law has evolved from, and where it is currently. Within this ambit, the historical, bicultural, and international elements of the legal system will be examined.Linked to the following assessments:
To complete successfully this paper, students are expected to demonstrate knowledge and understanding of:
Linked to the following assessments:
- the broader societal context within which the law operates, in particular the role of race, class and gender in law and society.
- Maori customary law, and the role of the Treaty of Waitangi in New Zealand law.
- the main institutions, functions, processes and personnel in the New Zealand legal system, including the structure of government, civil and criminal proceedings, the courts, the legal profession and the legislative process.
- the sources of law, including the Constitution, the common law, judicial precedent, international and religious law etc.
The internal assessment/exam ratio (as stated in the University Calendar) is 40:60. There is no final exam. The final exam makes up 60% of the overall mark.
The internal assessment/exam ratio (as stated in the University Calendar) is 40:60 or 0:0, whichever is more favourable for the student. The final exam makes up either 60% or 0% of the overall mark.
Error: Assessment components must add up to 100%
At least one Assessment Component needs to be entered
|Component Description||Due Date||Time||Percentage of overall mark||Submission Method||Compulsory|
|1. Test 1 (on-line)||
|2. Test 2 (on-line)||
30 May 2019
|3. Test 3 (on-line)||
5 Sep 2019
|4. Test 4 (on-line)||
3 Oct 2019
Required and Recommended Readings*
All law students are required to purchase, for use in all law papers, a copy of McLay, Murray & Orpin, New Zealand Law Style Guide, 2nd edition, Thomson Reuters (2011). This is available from Bennetts, at an approximate price of $37 including GST.
In addition to the texts identified below, the Faculty of Law requires that students purchase the course materials book(s) for this paper. These are available from Waikato Print.
Ruru, J., K., Scott, P., & Webb, D., The New Zealand Legal System (6th ed) (Wellington: LexisNexis Butterworths, 2016).
Webb, D., & Sanders, K., & Scott, P., The New Zealand Legal System (5th ed) (Wellington: LexisNexis Butterworths, 2010).
Grant Morris,Law Alive: The New Zealand Legal System in Context(3rd ed, Oxford University Press, Melbourne 2015).
ATH Smith (ed), Glanville Williams: Learning the Law (14th ed, Sweet & Maxwell, 2010)
Peter Spiller Butterworths New Zealand Law Dictionary (7th ed, LexisNexis, 2011)
Glenn, H.P Legal Traditions of the World (4th ed) (Oxford: Oxford University Press, 2010)
Bottomley, S & Bronitt, S, Law in Context (3rd ed) (Sydney: The Federated Press, 2006)
Mansell, W, Meteyard, B., & Thomson, A, A Critical Introduction to Law (3rd ed) (London: Cavendish Publishing, 2004)
Jackson, M, The Maori and the Criminal Justice System: He Whaipaanga Hou - A New Perspective.
The Law Commission Access to Justice Reports: Striking the Balance, Seeking Solutions,Delivering Justice for All, Wellington: New Zealand Law Commission, 2004), available at www.lawcom.govt.nz and www.nzlii.org
Mead, H. M, Tikanga Maori( 2nd ed) ( Wellington Huia Publishers 2003)
Benton R, Frame A, Meredith P, Te Matapunenga – A Compendium of References to the Concepts and Institutions of Maori Customary law (1st ed) Wellington Victoria Press 2013)
Other recommended readings will be placed on library desk reserve throughout the year.
Reading materials for lectures will be provided on the paper site on Moodle (http://elearn.waikato.ac.nz), the University of Waikato’s online learning system. Any such material is provided on the following terms:
University of Waikato owns the intellectual property rights, including copyright, in and to this site, or has acquired the necessary licenses to display the material on the site. As a student of the Te Piringa Faculty of Law, you are granted a limited license to use (access, display or print a single copy) the material from the papers in which you are enrolled for the purposes of participating in the paper only, provided the information is not modified. Materials may not under any circumstances be copied, stored, distributed or provided in any form or method whatsoever to any third party. Any other use of the material is prohibited. None of the material may be otherwise reproduced, reformatted, republished or re-disseminated in any manner or form without the prior written consent of University of Waikato. To obtain such consent, please contact the Te Piringa Faculty of Law.
Online support for this paper is provided via Moodle.
If you require assistance with Moodle, or encounter any problems, please contact the Help Desk. You can send a message to Help Desk by using the instant message service in your paper (from the participants list within the People block). Alternatively, you can email them directly at firstname.lastname@example.org or call 838 4008.
Students should expect to spend 300 hours in total on this paper. In addition to lecture attendance, significant time will need to be spent on background and complementary reading. Students should allow for periods of more-focused research time in the preparation of assignments.
Linkages to Other Papers*
Legal Systems and Societies forms part of the Law I programme, together with Legal Method (LAWS 103-17Y) and Constitutional Law
(LAWS 107/201 -17Y).
Restricted papers: LAWS106