Homework answers / question archive / Essay 2 Instructions and marking criteria ----- HIS1115: Legal History Course examiner: Dr Sarah McKibbin Task overview ----- Assessment name and description Essay 2 Brief task description Write an academic essay on one of four legal history topics Course objectives assessed This assignment relates to the following learning objectives in this course: • LO1

Essay 2 Instructions and marking criteria ----- HIS1115: Legal History Course examiner: Dr Sarah McKibbin Task overview ----- Assessment name and description Essay 2 Brief task description Write an academic essay on one of four legal history topics Course objectives assessed This assignment relates to the following learning objectives in this course: • LO1

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Essay 2 Instructions and marking criteria ----- HIS1115: Legal History Course examiner: Dr Sarah McKibbin Task overview ----- Assessment name and description Essay 2 Brief task description Write an academic essay on one of four legal history topics Course objectives assessed This assignment relates to the following learning objectives in this course: • LO1. Knowledge and understanding of the origins, social influences, and broader historical contexts of the development of Australian law, and of fundamental Australian constitutional principles • LO2. Thinking skills, including an emerging ability to identify, analyse and articulate the broader historical contexts for legal development and constitutional governance • LO4. Communication skills, in particular the ability to respond to complex ideas and articulate broader historical context within which law and legal institutions developed in an effective, appropriate, and persuasive way. Due date Mon 16 May 2021, 11.59PM (USQ time). Word length The maximum word limit is 2000 words. There is no percentage allowed above the word limit. If you are above the word count, the marking will stop at the maximum number of words allowed. The word count does not include headers, footers, footnotes, or bibliography. While there is no minimum word count, if you far less than the maximum, you may find it challenging to satisfy all marking criteria against which your submission is assessed. A good word range would be between 1500–2000 words. Marks and weighting 40 marks and 40% course weighting Submission requirements • All assignments submitted must be in Microsoft Word format (.doc, .docx). No other file types will be accepted. • DO NOT include a cover sheet, title page or marking criteria sheet in your submission • The assignment must be submitted electronically via the submission link on the Assessment page of the course StudyDesk site. HIS1115: Legal History Page 2 of 9 • Turnitin has been enabled so that students can check for similarity matching prior to the due date and make amendments to ensure appropriate referencing and academic integrity. Referencing requirements • Students enrolled in the Bachelor of Laws, Juris Doctor or another law program must use the 4th edition of the Australian Guide to Legal Citation (AGLC) for referencing. • Students who are studying a law course—but are not enrolled in the Bachelor of Law or Juris Doctor (or other law program)—may opt to use either AGLC or Harvard AGPS in law course assignments. Academic integrity and assessment policy • You should be aware of USQ’s expectations for academic integrity as they apply to this assessment. • All students must adhere to the Student Academic Integrity Policy. • Important detail about academic integrity and referencing in the School of Law and Justice can be found on the USQ Law Hub page, Referencing & Academic Integrity. • The USQ Assessment Procedure contains details about how to apply for an extension of time. These will only be considered if received in accordance with the procedure. Late submissions • If an assignment is submitted after the due date without an approved extension of time, the maximum mark will be reduced. • The available mark is reduced by five (5) per cent (of the original available mark) for each calendar day or part day that the assignment is late. An assignment submitted more than one (1) week after the due date will have a mark of zero recorded. • A zero mark will be awarded for an assessment item if it is submitted after an approved extension date. Page 3 of 9HIS1115_Essay 2_2022.docx Marking criteria ----- Criterion HD A B C Refer/Fail Answer to question Is an entirely original discussion of the core concerns of the question, and shows an extremely developed understanding of the relevant issues Entirely focused on the core concerns of the question, and shows a deep understanding of the relevant issues Develops a sound case that addresses most of the concerns of the question in the essay, and stays mostly on topic Demonstrates a case that is generally related to the topics raised by the question, but includes some irrelevant information Does not adequately address all the concerns raised by the question OR there is evidence of plagiarism, collusion, cheating or other misconduct /20 marks 20–17 16–15 14–13 12–10 9–0 Research and referencing Use of scholarly sources of information Demonstrates wide scholarly reading through the use of numerous and varied sources of a high scholarly quality (not including module notes or Wikipedia). Research is directly related to the question being asked. The essay clearly employs the sources in its argument and demonstrates sound understanding of, and critical engagement with Uses a good number of scholarly sources (not including the module notes or Wikipedia) and demonstrates how understanding of these sources has informed the argument. Some sources may have been improved, perhaps in currency or relevance Uses sufficient sources to demonstrate some informed knowledge of the area including recommended course readings; it may have lacked sources for some points that would have been improved by supporting scholarly references Has not used recommended course readings but the cited sources demonstrate informed knowledge. The essay would have benefitted from a greater variety of scholarly sources The essay has not used a minimum of four sources as recommended or sources may be unreliable or unacceptable in scholarly work OR there is evidence of plagiarism, collusion, cheating or other misconduct HIS1115: Legal History Page 4 of 9 many current and up-todate references Appropriate acknowledgement of scholarly sources of information through application of appropriate referencing system Referencing is thorough, clear, and well executed in the correct AGLC, Harvard or Oxford format with no (or almost no) errors Referencing is thorough, clear, and well executed in the correct AGLC, Harvard or Oxford format with minimal errors There may be referencing errors or a system of referencing other than AGLC, Harvard or Oxford Referencing system was not followed consistently Referencing system was not followed OR there is evidence of plagiarism, collusion, cheating or other misconduct /10 marks 10–9 8 7 6–5 4–0 Communication and presentation Essay structure (ie, introduction, body, conclusion) The essay structure is clear, flows logically, and has no superfluous material. Clearly and persuasively argued. The essay structure is logical and well balanced. The essay structure is good, but there is room for improvement. The essay’s thesis statement is present, but not well defined. The structure could be improved. The essay needs a clear structure, with introduction, body and conclusion OR there is evidence of plagiarism, collusion, cheating or other misconduct Academic conventions and technical aspects Clearly and powerfully represents ideas with elegant and concise phrasing and no errors of spelling or grammar. Excellent presentation. Document formatting complies with assignment instructions. Within word limit. Clearly expresses ideas in a concise and effective manner; few errors of grammar or spelling. Good presentation just minor aspects to note. Document formatting mostly complies with assignment Good communication of ideas; expression may be improved; occasionally wordy or awkward. There may be some grammatical and spelling errors. Presentation is good. Some attempt to format document in Satisfactory expression in writing; unclear at times. There may have been clumsy expression and/or several grammatical and spelling errors. Many document formatting errors are present. Expression in writing is unclear and conclusion; essay contains numerous grammatical and spelling errors. Document formatting does not comply with assignment instructions. Word limit not observed OR there HIS1115: Legal History Page 5 of 9 instructions. Within word limit. compliance with assignment instructions. Within word limit. Slightly over or significantly under word limit. is evidence of plagiarism, collusion, cheating or other misconduct /10 marks 10–9 8 7 6–5 4–0 /40 marks Marks according to criteria: Less any penalty for late submission: Total marks awarded: General comments: Page 6 of 9HIS1115_Essay 2_2022.docx Task information ----- You are to write a 2000-word essay on one of the following four topics. Each topic is accompanied by a range of relevant secondary sources that have been selected to help you satisfy the research and referencing criterion. 1. Somerset v Stewart (1772) 98 ER 499 (Somerset’s Case) found that no slave could not be forcibly removed from Britain and sold into slavery, but the decision did not abolish slavery in Britain or the British Empire. What factors of class and economy shaped Lord Mansfield’s hesitant decision-making in Somerset’s Case and what therefore ultimately enabled the abolition of slavery by statute? • Gene Adams, ‘Dido Elizabeth Belle: A Black Girl at Kenwood’ (1984) 12 Camden History Review • James Bradley and Cassandra Pybus, ‘From Slavery to Servitude: The Australian Exile of Elizabeth and Constance’ (2007) 9 Journal of Australian Colonial History 29 • Catherine Hall, ‘Writing History, Making Race: Slave Owners and Their Stories’ (2016) 47(3) Australian Historical Studies 365 • Catherine Hall, Legacies of British Slave Ownership: Colonial Slavery and the Formation of Victorian Britain (Cambridge University Press, 2014) • Peter Linebaugh, The Many-Headed Hydra: Sailors, Slaves, Commoners and the Hidden History of the Revolutionary Atlantic (Beacon Press, 2000) [eBook] • James Oldham, ‘Insurance litigation Involving the Zong and Other British Slave Ships, 1780–1807’ (2007) 28(3) Journal of Legal History 299 • James Oldham, ‘New Light on Mansfield and Slavery’ (1988) 27(1) Journal of British Studies 45 • Derek A Webb, ‘The Somerset Effect: Parsing Lord Mansfield's Words on Slavery in Nineteenth Century America’ (2014) 32(3) Law and History Review 455 2. In England and Australia, the law restricted women’s property rights as well as the right to control their own bodies. What factors enabled women to mitigate at least some of these restrictions? You should focus your answer on the period from 1600 to 1900 but may select a narrower window within this period. • Joanne Bailey, “Favoured or Oppressed? Married Women, Property, and Coverture in England, 1660–1800’ (2002) 17(3) Continuity and Change 351 • Andrew Buck, Margaret Ferguson, and Nancy E Wright (eds), Women, Property, and the Letters of the Law in Early Modern England (University of Toronto Press, 2nd ed, 2004) • John Brewer and Susan Staves, Early Modern Conceptions of Property (Routledge, 1995) • Amy Erickson, ‘Common Law Versus Common Practice: The Use of Marriage Settlements in Early Modern England’ (1990) 43(1) Economic History Review 21 • Amy Erickson, ‘Possession—and the Other One-Tenth of the Law: Assessing Women's Ownership and Economic Roles in Early Modern England’ (2007) 16(3) Women's History Review 369 • Amy Erickson, Women and Property in Early Modern England (Routledge, 1993). • Eileen Spring, ‘The Heiress-at-Law: English Real Property Law from a New Point of View’ (1990) 8(2) Law and History Review 273 • Sara Mendelson and Patricia Crawford, Women in early modern England, 1550–1720 (Oxford University Press, 1999) HIS1115: Legal History Page 7 of 9 • Tim Stretton and Krista Kesselring (eds), Married Women and the Law: Coverture in England and the Common Law World, Montreal” (McGill-Queens University Press, 2013) [eBook] • Eileen Spring, ‘Landowners, Lawyers and Land Law Reform in Nineteenth Century England’ (1977) 21(1) American Journal of Legal History 40 • Eileen Spring, ‘The Settlement of Land in Nineteenth Century England’ (1964) 8(3) American Journal of Legal History 209 • Eileen Spring, ‘The Strict Settlement: Its Role in Family History’ (1988) 41(3) Economic History Review 454 3. Examine public discourses regarding the rule of law in the first decades of colonial rule in New South Wales. What legal concepts from English law were cited by colonists and to what extent was their use merely rhetoric? Was there actual growth in the rule of law as a concept or a belief? • Ian Holloway, Simon Bronitt and John Williams, ‘Rhetoric, Reason, and the Rule of Law in Early Colonial New South Wales’ in Hamar Foster et al (eds), The Grand Experiment: Law and Legal Culture in British Settler Societies (UBC Press, 2008) [eBook] • Bruce Kercher, ‘Legal History’ in G Davison, J Hirst and S Macintyre (eds), Oxford Companion to Australian History (Oxford University Press, 2001) 383 • Bruce Kercher, ‘Alex Castles on the Reception of English Law’ (2003) 7 Australian Journal of Legal History 37 • Bruce Kercher, An Unruly Child: A History of Law in Australia (Allen & Unwin, 1995) • ‘Sir Ralph Darling, 1772–1858)’, Australian Dictionary of Biography, National Centre of Biography, Australian National University, http://adb.anu.edu.au/biography/darlingsirralph-1956/text2353, published first in hardcopy 1966 • John McLaren, ‘Chasing the Chimera: The Rule of Law in the British Empire and the Comparative Turn in Legal History’ (2015) 33(1) Law in Context 21 • David Neal, The Rule of Law in a Penal Colony: Law and Power in Early New South Wales (Cambridge University Press, 1991) • Victor Windeyer, ‘A Birthright and Inheritance: The Establishment of the Rule of Law in Australia’ (1958–63) University of Tasmania Law Review 635 4. Compare the decisions in Milirrpum v Nabalco (1971) 17 FLR 141 (the ‘Gove Land Rights Case’) and Mabo v Queensland [No 2] (1992) 175 CLR 1. What explains the shift in judicial reasoning from the non-recognition of ‘communal native title’ in the Gove Land Rights Case to the recognition of native title in Mabo [No 2]? • Milirrpum v Nabalco (1971) 17 FLR 141 • Mabo v Queensland [No 2] (1992) 175 CLR 1 • John Hookey, 'The Gove Land Rights Case: A Judicial Dispensation for the Taking of Aboriginal Lands in Australia?' (1972) 5 Federal Law Review 85 • Barbara Hocking, 'Aboriginal Law Does Now Run in Australia - Reflections on the Mabo Case: from Cooper v Stuart through Milirrpum to Mabo' (1993) 15 Sydney Law Review 187 • John Hookey, 'Milirrpum and the Maoris: The Significance of the Maori Lands Cases Outside New Zealand' (1973) 3 Otago Law Review 63 • Daniel Lavery, 'Not Purely of Law' – The Doctrine of Backward Peoples in Milirrpum' (2017) 23 James Cook University Law Review 53 • Osca Monaghan, 'Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141' in Nicole Watson and Heather Douglas (eds), Indigenous Legal Judgments: Bringing Indigenous Voices into Judicial Decision Making (Routledge, 2021) 25 HIS1115: Legal History Page 8 of 9 • David Ritter, ‘The “Rejection of Terra Nullius” in Mabo: A Critical Analysis” (1996) 18(1) Sydney Law Review 5 • Robert van Krieken, ‘From Milirrpum to Mabo: The High Court, Terra Nullius and Moral Entrepreneurship’ (2000) 22 UNSW Law Journal 63 Note: An academic essay has a clearly defined structure, which is different from problem-based questions you may have already encountered in your Priestley-11 law courses. Do not to use the IRAC method to write this assignment. To satisfy the communication and presentation criterion, your essay needs to include: 1. An introduction with background information, a clear thesis statement (ie, your stance on the topic), and an overview of the key points to be addressed that support your thesis. 2. Body paragraphs developing your thesis or argument. Each paragraph must contain a topic sentence, supporting sentences, and a concluding sentence, which wraps up the paragraph’s argument. The topic sentence expresses the paragraph’s main idea, which clearly supports the thesis statement. Supporting sentences in the paragraph reinforce the argument indicated in the topic sentence. 3. A conclusion containing no new information but restates the thesis statement, summarises the main points and draws conclusions from the summarised points. 4. Supporting evidence and information from scholarly sources of information. 5. Referencing (eg, footnotes) and a bibliography — neither of which are included in the word count. Writing, formatting, and technical instructions ----- Communication skills and referencing Write in plain English sentences with appropriate use of punctuation, grammar, and accurate spelling. No abbreviations or contractions should be used in your writing. If you are a law student, please reference with the Australian Guide to Legal Citation (‘AGLC’). For students in other degrees, use your major’s style. You must include a bibliography at the end of your essay. Your sources should be ‘scholarly’—that is to say, comprising academic textbooks, selected course readings, journal articles, and books. Neither the course module notes, nor Wikipedia should be used as sources. Websites should be carefully evaluated before they are used as ‘scholarly sources of information’. Formatting ----- Margins Minimum 2.54 cm margins all around Layout > Margins Line spacing • Body: Double or 1.5-line spacing • Footnotes: Single line spacing Home > Line and Paragraph Spacing Font Use a plain serif (eg, Times New Roman, Garamond, Georgia, etc) or sans serif (eg, Arial, Helvetica, Calibri, etc) font Format > Font Font size • Body: 12-point font • Footnotes: 10-point font Format > Font HIS1115: Legal History Page 9 of 9 Footnotes Use same font selection as paragraphs References > Insert Footnote Pagination Insert name, student ID, assignment topic, word count, and page number Insert > Header or footer Submission information ----- What you need to submit One Microsoft Word document containing your essay File name conventions Save your document with the following naming conventions: • surname_initial_E2_coursecode.doc/docx • Eg, Citizen_J_E2_HIS1115.docx A1 stands for Essay 2. This should be amended for each assignment. Marking and moderation • This task will be marked against marking criteria set out in this document. • All staff who are assessing your work meet to discuss and compare their judgements before marks or grades are finalised. • Final release of grades will normally be within three weeks of submission. This same timeframe applies for any approvals for an extension of time commencing at the time of submission.