Handbook 1996 : Faculty of Law (Volume 3 page 221)
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Optional Law subject.
Prerequisite: Torts and the Process of Law; History and Philosophy of Law, or equivalent. Students would not be permitted to enrol in both this subject and in Legal Studies B2: Law and Cultural Diversity.
Contact: 3 hours per week (2 x 1-hour lectures and 1 x 1-hour tutorial)
Timetable: First semester
Objectives:
Students completing this subject should: appreciate the impact that the adopted English law has had on Aborigines since 1788, and acquire an understanding of the extent to which Australian law has recognised Aboriginal culture, heritage and customary laws; assess the legal implications of the adoption by Australian governments of restrictive immigration policies, and of changes leading to the adoption of the policy of multiculturalism; acquire an appreciation of how minority groups are disadvantaged under existing laws and legal processes, and what Australian courts and parliaments have done to remedy deficiencies in access to and equality before the law; assess the extent to which Australian courts are sensitive to the needs of minorities, and consider how Australian courts have taken cultural factors into account; appreciate how Australian law has dealt with the de-criminalisation of homosexuality and discrimination against gay men and lesbians; be able to assess the desirability and effectiveness of anti-discrimination and racial and religious vilification legislation; evaluate and assess the appropriateness and effectiveness of constitutional guarantees, legislature and the judiciary as protectors of the rights of minorities, and compare Australian law's protection of the rights of minorities with that of other countries; consider and appreciate the gender issues inherent in questions of minority rights.
Content:
A study of how Australian law has dealt with a culturally diverse population and the influence which the cultural mix has had on the development of Australian law. The focus of the subject is on the legal aspects of ethnic, racial, religious and sexual diversity. The subject seeks to expose students to a wide range of topics, while providing opportunity for in depth research of selected issues. Topics are considered in the context of current issues and from a variety of perspectives including feminist, Aboriginal, lesbian, gay men, as well as those of various racial, ethnic and religious minorities.Topics may include:
Inheritance of British law and legal system and its impact on Aborigines since 1788; Australian law's recognition of Aboriginal culture, heritage and customary laws; the significance of the Mabo decision and the Native Title Act 1993 (Cth); Racism as an impetus to federation; the white Australia policy; the legal significance of the policies of assimilation, integration and multiculturalism for non Anglo-Celtic migrants; the extent to which Australian law is in tune with the policy of multiculturalism; Australian laws and legal processes which disadvantage minority groups; remedying deficiencies in access to and equality before the law; Consideration of cultural factors by Australian courts; cultural stereotyping, determining the overriding principles which define the limits of condoned or tolerated diversity; De-criminalisation of homosexuality and discrimination against gay men and lesbians; Anti-discrimination and racial and religious vilification legislation; Legislative, judicial and constitutional protection of the rights of minorities; democratically elected governments and their protection of minority interests; judicial reflection of the culturally diverse Australian community's values; evaluating the effectiveness of constitutional protection of minority rights in Australia and in other countries;
Assessment:
Research Essay 3,000 words (50 per cent) and Final Exam 2 hour (50 per cent).
Prescribed texts:
Law subject : Next:730-387 | Prev:730-360 | Search | Help
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.