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Question:
?The common law is a messy, episodic and experimental effort to respond and adapt to the contingent demands that the political and social milieu places upon it.?
–Allan Hutchison, Evolution and Common Law, (Cambridge University Press, 2005) 273.
Critically analyse this statement by reference to the case of the conjoined twins outlined in ?A Time to Live, a Time to Die? Sydney Morning Herald, 25 September 2000, 9.
Reading Materials:
(all the reading materials have been attached to the account)
Please ONLY refer to readings that are listed below and address ALL the refererces in the essay.
?Patrick Parkinson, Tradition and Change in Australian Law, (Lawbook Co, 4th ed, 2010) chapter 2.
?A Time to Live, and a Time to Die?, Sydney Morning Herald (Sydney), 25 September, 2000, 9.
?Noel Preston, Understanding Ethics (The Federation Press, 3rd ed, 2007) 35-43.
?Denise Meyerson, Jurisprudence (Oxford University Press, 2011) 1-3, 7-9 and chapter 7
?Lon L Fuller, ?The Case of the Speluncean Explorers? (1949) 62 Harvard Law Review, 616-645.
?Justice Michael Kirby, ?Law, Human Rights and Ethical Dilemmas?, (Third Gerard Brennan Lecture delivered at Bond University, Gold Coast, 3 March 2001) available at
Referencing Style
Referencing (footnotes and the bibliography) MUST BE in accordance with the Australian Guide to Legal Citation (AGLC 3rd ed, 2010).
(This can be found from http://mulr.law.unimelb.edu.au/go/aglc, on the right hand side, please click on the link: AGLC3 Download (view only)
Marking Criteria
Paper in the High Distinction grade range offer an innovative and comprehensive view of the issues raised by the question.
Introductions clearly state the thesis of the paper and preview how the thesis will be proved in the body of the paper.
High Distinction papers provide a tight and coherent analysis that is structured according to overarching themes and issues rather than descriptive historical timelines. The issues explored in the paper link back to the stated thesis.
These paper are artfully expressed, well structured and have a coherent flow of argument. Referencing is appropriate and in the style set out in Australian Guide to Legal Citation (3rd ed, 2010).
Detailed Marking Criteria
?Development of a sustained thesis or overall argument
— Clearly states and proves the thesis. The issues explored in the paper link back to the stated thesis in a logical sequence.
?Knowledge and understanding of the topic
— Demonstrates superior know-ledge and under-standing of the topic.
?Identification of relevant issues
— Provides an innovative and comprehensive view of the issues raised by the question.
?Critical analysis evaluation and insight
–Provides a tight and coherent analysis that is structured according to overarching themes and issues.
?Development of coherent and persuasive argument(s)
— Coherent flow of argument following structure previewed in introduction and proving stated thesis.
?Engagement with the set readings
–analysis is informed by a deep understanding of the materials.
?Structure and organization
–has a superior introduction and conclusion. A logical exploration of issues is followed in support of the thesis of the paper. Conclusions do not introduce new material and review findings of analysis.
?Style and expression
–consistently clear and succinct. Favors active voice.
?Referencing in accordance with the Australian Guide to Legal Citation (3rd ed, 2010) (?AGLC3?)
–referencing is appropriate and in the style set out in the AGLC3?. Evidences an excellent grasp of where a citation is required.
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