730-394 Indigenous People and the Law 1788-2000

Torts and the Process of Law; History and Philosophy of Law I and II. Note: this subject is also available to arts students who have completed 25 points of first-year history.

This history subject is a study of the relationship between indigenous Australians and the law brought to Australia by the British from 1788 onwards. Topics studied will include notions of sovereignty and the state; the position of indigenous people under the criminal law in early white settlement; property law, possession and use of the land; citizenship and political rights; land rights, native title and the courts; criminal law and customary law. In addition to relevant secondary accounts, students will examine primary materials, including court judgments, imperial and colonial enactments, indigenous statements and claims of rights. Students will have good opportunities for independent research into some of these materials.

Note: This is an approved legal theory subject.

Research essay 2500 words (60%); document exercise/book review 1500 words (40%)