LAWS6938 - The Currency of Justice

Objectives

  • Examines money as the primary sanction both of civil and criminal law.
  • Explore the historical emergence and development of fines and damages, and an understanding of how these relate to changes in the nature and governance primarily of common law countries.
  • Focus on the implications of damages as a form of compensation as well as their changing use as a technique of punishing wrongdoers.

Content

The use of fines in criminal justice and in regulation, together with their use in the private sector; fines’ effectiveness in producing compliance and the impact of the money form of the fine on criminal and regulatory procedure; issues of the ‘justice’ of money sanctions such as fining the poor, and the gendered nature of money’s impact; the nexus between money sanctions and other moneyed institutions, such as between tort law and state and private insurance; the host of ‘fees’, ‘costs’ and ‘surcharges’ levied in the justice system, and their nature and role as sanctions.

Assumed Knowledge:

Knowledge of some socio-legal or criminological theory

Session

Semester 2 Intensive
1-2 & 8-9 October 2010

The timetable is subject to frequent changes. Please refer to the latest version of the Postgraduate Timetable.

Assessment

  • 1 x Take Home Exam (50%)
  • 1 x 5,000 Word Essay (50%)

Courses this unit is available in

Master of Laws | Graduate Diploma in Law | Master of Global Law | Master of Business Law | Master of Criminology | Graduate Diploma in Criminology | Master of Jurisprudence | Graduate Diploma in Juriprudence