Handbook 1996 : Faculty of Law (Volume 3 page 221)
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Optional Law subject.
Availability: Not offered in 1996.
Prerequisite: History and Philosophy of Law; Torts and the Process of Law.
Contact: 2 hours per week
Objectives:
Students completing this subject should: understand the significance of historical and cultural influences on contemporary Asian legal structures and processes; have considered the relevance of liberal and other models of 'civil society' to current practice in Asian states; appreciate various legal responses to problems of civil societies, such as citizens' political freedoms, gender relations and indigenous and minority rights; have explored theoretical and methodological issues in the practice of comparative law; and have developed research skills relevant to identifying and analysing legal materials in Asian jurisdictions.
Content:
The course will firstly analyse the concept of 'civil society' and its relationship with legal systems in nations of East and South-east Asia. The appropriateness in Asia of models of civil society underlying Western liberal democracies will be explored as well as problems associated with using Western standards to evaluate legal change in non-Western societies. Alternative models of social regulation developed in Asia will be examined. The course will then consider these issues with reference to three themes. The themes will be gender relations, indigenous and minority rights, and political freedoms (including freedom of expression and the ability of private citizens to challenge governmental decision-making). In discussing these themes, examples will be drawn from the People's Republic of China, Malaysia, Taiwan, Thailand, Indonesia and Vietnam.
Assessment:
Either Research essay of 5,000 words (100 per cent) or Final Exam of 3 hours (100 per cent).
Prescribed texts:
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Handbook 1996 : Faculty of Law (Volume 3 page 221)
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.