730-391 Law and Indigenous Societies in Australia

Credit Points

Coordinator

Prerequisites

Torts and the Process of Law; History and Philosophy of Law.

Semester

Contact

Subject Description

The course encourages students to critically analyse the Anglo/Australian legal system in the light of its impact on Indigenous Australians. This will involve considering: Indigenous Australian societies both before and after colonisation; the interaction of those societies with the Anglo/Australian legal system; the process of colonisation and its consequences on identity; the importance of land and the legal regimes for access to and management of land including native title; claims to self-determination at international law and domestically; human rights issues; the impact of the criminal justice system and the importance and means of recognising customary law. Students are encouraged to consider the manner in which both the Anglo/Australian legal system and that of other jurisdictions has been used by and for Indigenous peoples and the ways in which it may be used to advance the aspirations of Indigenous peoples. Students are encouraged to develop their understanding and analysis of legal and cultural issues arising in a cross-cultural environment and the ways in which the Anglo/Australian legal system might accommodate the needs and aspirations of Indigenous Australians.

Assessment

Research Essay 5000 words (70%) or Research Project (70%) AND take-home exam (30%).

Prescribed Texts

Printed Materials will be issued by the Law School.

• McRae, Nettheim & Beacroft, Aboriginal Legal Issues. LBC 2nd ed. 1997.
• Act, Native Title Act. 1993, (Cth).