Law in Context
Emeritus Professors Stephen Bottomley and Stephen Parker AO introduce law in a critical way to the general public, current students and those thinking of taking up the subject. They explain the Rule of Law, the Adversarial System of Justice, where law comes from, judges, juries, lawyers and many other topics, include problem areas such as access to justice.
Episodes
21 episodes
Episode 21 - Victims
Being the victim of a crime can be highly traumatic. Some argue that the criminal justice system can make the victim re-live that trauma all over again.In this episode we look at how, historically, victims have moved away from being part...
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Season 2
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Episode 21
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13:05
Episode 20 - Punishment
Everyone agrees that Crime and Punishment go together. But that's where the agreement ends. There are multiple aims of punishment: to inflict retribution (an eye for an eye); to deter others; to incapacitate the offender so the public is protec...
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Season 2
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Episode 20
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14:18
Episode 19 - It's a Crime! - Criminal Law in Context
Most people are fascinated by crime, at least if they are at a safe distance from it. It is the stuff of popular culture and serious scholarship. Theories abound. Might a certain amount of it be good for society if it reminds ...
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Season 2
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Episode 19
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21:57
Episode 18 - Federal/State - How It All Works
Like many countries in the world, Australia is a federation; it has more than one tier of government. In this nail-biting episode, the Two Steves explain how our system came about, with the former colonies being given all legislative powe...
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Season 2
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Episode 18
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10:23
Episode 17 - Native Title and the Case of Eddie Mabo
All legal systems of previously colonised countries have grappled with the idea of land rights for the original peoples of those countries and the claims of settlers or conquerors. Australia was an unusual case. It wasn't exactly co...
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Season 2
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Episode 17
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17:10
Episode 16 - It's Mine, not Yours! Property Law in Context
You might think the idea of property is straightforward. In a way, it is. Almost anything tangible and many things intangible are capable of being property, under the common law. Even one of our jokes is capable of being prope...
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Season 2
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Episode 16
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12:14
Episode 15 - Prove It! How persuaded must we be in law?
It's well known that for someone to be found guilty of a crime, the decision-maker must be persuaded "beyond a reasonable doubt". This is the standard of proof. In civil claims, the standard is "on the balance of probabilities"....
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Season 1
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Episode 15
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10:37
Episode 14 - Who Ya Gonna Trust?
Who should I trust? If your answer is no one, the world would be a more difficult and expensive place. Wherever someone does something on your behalf you might have to employ someone else to watch over them, and then someone else to...
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Season 1
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Episode 14
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10:53
Episode 13 - Equity and the Sad Case of Mr Stubbings
In this episode we look at the body of judge-made law called Equity, which emerged in England as a separate body of case law from "the common law". Whereas common law focuses on clear rules and rights, equity focuses on conscience and doi...
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Season 1
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Episode 13
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10:35
Episode 12 - What is "The Common Law"?
We keep hearing about "the common law", but what exactly is it? In this episode, we look at three separate meanings. First, the common law describes a whole legal system, such as Australia, England, the United States and Can...
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Season 1
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Episode 12
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11:42
Episode 11 - At last, they ask "What is Law?"
Any competent lawyer should be able to say what is the law on a given topic in their area of expertise. However, most lawyers find it surprisingly difficult to answer persuasively the general question "what is law?".In th...
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Season 1
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Episode 11
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8:31
10. What is Justice?
In this episode, not daunted by their previous challenge to explain basic legal concepts clearly, the Two Steves take on the big one: What is Justice?Most lawyers instinctively take a procedural approach to justice. If the rules h...
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Season 1
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Episode 10
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10:57
9. Why Do People Obey The Law?
Myths abound about crime rates and law-breaking. In fact, some kinds of crime are going down and others are probably going up. A more interesting question is why so many people obey the law most of the time. In this e...
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Season 1
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Episode 9
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8:21
8. Corporations
There is almost nothing we do in our everyday lives that does not involve corporations or companies. From small family companies to global corporations which are larger than the economies of some countries, corporations dominate our lives...
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Season 1
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Episode 8
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10:57
7. Lawyers
Lawyers have a very particular role in the adversarial system, and a corresponding set of ethical requirements. In the 2000s in Victoria, Nicola Gobbo, a criminal defence barrister became a secret, registered informer with the police.&nbs...
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Season 1
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Episode 7
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12:00
6. Access to Justice
The Rule of Law may be a great ideal, but does it mean anything if in practical terms many people do not have access to legal advice and adjudication. In this episode we look at the barriers to access to justice and some of the ways in wh...
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Season 1
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Episode 6
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10:04
5. The Jury
Juries make for great books and movies, but what really is their role in the adversarial system? Do they lead to fair decisions? Are they too expensive, leading to court backlogs? Have they had their day? In this episode...
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Season 1
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Episode 5
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10:57
4. Judges
How can we ensure that those who judge between government, citizens, or businesses are impartial? All Rule of Law systems have protections for judicial independence, to promote impartiality. But there are weak spots, as we explore i...
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Season 1
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Episode 4
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10:24
3. Where does law come from?
Parliaments make laws. But so do judges. International treaties may also be a source. And it gets even more complicated.For the transcript of this episode and further reading, visit
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Season 1
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Episode 3
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10:32