Handbook 1996 : Faculty of Law (Volume 3 page 223)
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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:
Students completing this subject should: have a general understanding of the historical development and working of the three (common law, Islamic and Native law) legal systems in Malaysia; have acquired a knowledge of how laws are applied to solve problems of a plural society; have acquired a detailed knowledge of an area of law selected from a list of topics shown in the syllabus outline; and have an understanding of the sources of Malaysian law to undertake further research in the area.
Content:
The history of the three (common law, Islamic and Native law) legal systems of Malaysia. This part of the course will examine the historical causes which created the three legal systems. A study will be made of the development of the three systems both before and after independence. The structure, laws, jurisdiction and operation of the three systems, their courts and the resolution of jurisdictional conflicts. This part of the course will examine the current operation of the three systems of law by examining the sources of their laws, the courts in which they are administered and how inter-system conflicts are resolved. There will be a detailed study of the reception and application of common law and equity in Malaysia and a study in outline of Islamic and Native laws. Current issues in Malaysian law. This part of the course will highlight certain core social problems and how constitutional and other laws are applied to overcome them. Areas covered are ethnicity and law, law and development, official religion in a secular state, inter-ethnic personal relationships and the conflict of laws and fundamental human rights under the constitution. A selection from one of the following topics: Issues in civil procedure; Judges, lawyers and the legal profession; The framework of business law and a comparative study of contract and company law.
Assessment:
Either Research Assignment 5-6,000 words (100 per cent) or Final Exam 3 hours (100 per cent).
Prescribed texts:
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Handbook 1996 : Faculty of Law (Volume 3 page 223)
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.