Handbook 1996 : Faculty of Law (Volume 3 page 222)
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Optional Law subject.
Prerequisite: Torts and the Process of Law; History and Philosophy of Law.
Contact: 2 hours per week
Timetable: Second semester
Objectives:
At the end of the course, students should be able to: describe some of the major theories that have been put forward as explanations of human sexuality and describe the major theories on the relationship between law and morality; analyse the implications of these theories in terms of the legal regulation of human sexuality; explain the way in which theories about sexuality are fundamental to different areas of law: e. g. family law, criminal law, anti-discrimination law; assess the worth of various proposals for reforming the law relating to the regulation of human sexuality.
Content:
The course will consist of a "core" component lasting seven weeks. The remaining six classes will be drawn from a list of possible topics, to be negotiated in the first few weeks of the course, according to student interest.Core topics: Theoretical approaches to law and sexuality: The role of law in the regulation of sexuality - the distinction between law and morals; Hart/Devlin debate; Legal Liberalism; the public/private distinction; equality rights; Sexuality and theories of power; Law, Sexuality and difference: (cultural relativism: issues of race and multiculturalism: eg. legal regulation of clitoridectomy). Legal regulation of the family: Discussion of legal regimes recognising intimate personal relations: eg. Marriage Act; Family Law Act; the regulation of de facto relationships under state legislation; Areas of disputed recognition: eg. legal recognition of lesbian/gay relationships legal regulation of inter-racial marriages (historical comparison between Australian and United States miscegenation laws); The law relating to reproduction - case studies: IVF, abortion, adoption. Sexual violence: The criminal law and sexual violence: eg. rape, sexual assault, consent to assault: R v Brown [1993] 2 WLR 556; Sexual violence and international law: e. g. rape as a war crime; Law and sexual violence within relationships eg. rape in marriage, "domestic" violence, violence in gay and lesbian relationships. Sexuality and anti-discrimination law: Discrimination on the basis of HIV status; Discrimination on the grounds of sexuality: case study: proposals to amend the Victorian Equal Opportunity Act (1984); Transgender discrimination: eg. R v Cogley [1989] VR 799, R v Harris and McGuiness (1988) 17 NSWLR 158, Secretary, Dept of Social Security v "SRA" (1993) 43 FCR 299; Sexual harassment.
Possible optional topics include: Legal regulation of prostitution: Case-study: reform of Victorian laws regarding prostitution. Criminalisation of homosexual sex: Case-study: Tasmania's criminal law, the complaint to the Human Rights Committee and the Commonwealth's legislative response. Historical background: the Wolfenden Report (UK).
Sexuality and public debate: Defamation law: adequacy; group libel; alternatives - privacy legislation; Constitutional freedom of speech - issues for statements about sexuality. Regulation of pornography. Offensive behaviour laws and sexuality. Other current issues and topics suggested by the students.
Assessment:
Research Essay 5,000 words (100 per cent) or Equivalent piece of work approved by the teachers: e. g. drafting submission to government or law reform body concerning a particular area of law; drafting an amicus curiae brief for a case and presenting oral argument for the case (before at least two of the teachers who would independently mark the work) (100 per cent).
Prescribed texts:
Law subject : Next:730-327 | Prev:730-391 | Search | Help
Handbook 1996 : Faculty of Law (Volume 3 page 222)
Status: Official 1996 Date created: Oct 9 1995 Last modified: Oct 9 1995 Authorised by: Academic Registrar Email enquiries: Course_Information@registrar.unimelb.edu.au
Maintained by: Faculty of Law.
Copyright © University of Melbourne 1995,1996.