Civil Society and the Law

Subject 730-624 (2008)

Note: This is an archived Handbook entry from 2008. Search for this in the current handbook Search for this in the current handbook

Credit Points: 12.500
Level: Graduate/Postgraduate
Dates & Locations:

This subject has the following teaching availabilities in 2008:

Semester 1, - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable


Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: 24 - 26 contact hours per subject.
Total Time Commitment: The time commitment for this subject depends on the candidate's background and experience.
Prerequisites: N.A.
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.

Coordinator

Professor Mark Sidel
Subject Overview:

Objectives:

A candidate who has successfully completed the subject should:

  • Understand the role of civil society (non-governmental, associational, philanthropic and social organisations) and its regulation by the state in countries in Asia and beyond through comparative analysis
  • Understand the detailed form and methods of governmental regulation of civil society in Asia and beyond
  • Understand the interaction between state regulation of civil society and broader legal debates and conflicts within selected states
  • Have insight into the relationships between non-profit organisations and the commercial/corporate sector, including corporate philanthropy and the conduct of business by voluntary sector organisations
  • Be able to respond effectively to case studies relating to state-non-profit and non-profit-corporate law and relations in Asia and beyond
  • Understand the objectives and means of providing governmental and non-governmental aid to Asian states for programs and projects that strengthen flexible legal frameworks for civil society.

Syllabus:

This subject covers the legal regulation of civil society organisations of various kinds in key countries of Asia, including countries in transition from a centrally planned, socialist paradigm (China, Vietnam and Laos) and regions that have had various forms of strong markets and strong states (India, Hong Kong, Bangladesh and Thailand), as well as comparisons to Europe and other regions.

Principal topics will include:

  • What are civil society and the voluntary sector in Asia and in other selected regions? Different contexts and different answers
  • The basic themes and methods of legal regulation of civil society and the voluntary sector
  • Specific methods of state regulation: Barriers to entry
  • Specific methods of state regulation: Barriers to growth
  • Specific methods of state regulation: New governance and accountability systems
  • Law and the regulation of civil society in South Asia (focusing on India and Bangladesh, with comparisons to Pakistan)
  • Law and the regulation of civil society in the socialist transitional countries (China, Vietnam and Laos)
  • Law and the regulation of civil society in market societies and strong states in East Asia (Hong Kong and Thailand, with comparisons to the Philippines)
  • The role of foreign donors in the creation and change of models of legal regulation of civil society in Asia and beyond.
Assessment:
  • Take-home examination (100%) (23-26 May)
    or
  • Research paper 10,000 words (100%) (3 July) (topic approved by the subject coordinator)
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Please see the Subject Objectives for this information.
Links to further information: 730-624Civil Society and the LawMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2008

Objectives:

A candidate who has successfully completed the subject should:

  • Understand the role of civil society (non-governmental, associational, philanthropic and social organisations) and its regulation by the state in countries in Asia and beyond through comparative analysis
  • Understand the detailed form and methods of governmental regulation of civil society in Asia and beyond
  • Understand the interaction between state regulation of civil society and broader legal debates and conflicts within selected states
  • Have insight into the relationships between non-profit organisations and the commercial/corporate sector, including corporate philanthropy and the conduct of business by voluntary sector organisations
  • Be able to respond effectively to case studies relating to state-non-profit and non-profit-corporate law and relations in Asia and beyond
  • Understand the objectives and means of providing governmental and non-governmental aid to Asian states for programs and projects that strengthen flexible legal frameworks for civil society.

Syllabus:

This subject covers the legal regulation of civil society organisations of various kinds in key countries of Asia, including countries in transition from a centrally planned, socialist paradigm (China, Vietnam and Laos) and regions that have had various forms of strong markets and strong states (India, Hong Kong, Bangladesh and Thailand), as well as comparisons to Europe and other regions.

Principal topics will include:

  • What are civil society and the voluntary sector in Asia and in other selected regions? Different contexts and different answers
  • The basic themes and methods of legal regulation of civil society and the voluntary sector
  • Specific methods of state regulation: Barriers to entry
  • Specific methods of state regulation: Barriers to growth
  • Specific methods of state regulation: New governance and accountability systems
  • Law and the regulation of civil society in South Asia (focusing on India and Bangladesh, with comparisons to Pakistan)
  • Law and the regulation of civil society in the socialist transitional countries (China, Vietnam and Laos)
  • Law and the regulation of civil society in market societies and strong states in East Asia (Hong Kong and Thailand, with comparisons to the Philippines)
  • The role of foreign donors in the creation and change of models of legal regulation of civil society in Asia and beyond.
  • Take-home examination (100%) (23-26 May)
    or
  • Research paper 10,000 words (100%) (3 July) (topic approved by the subject coordinator)
N.A.N.A.24 - 26 contact hours per subject.Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.Please see the Subject Objectives for this information.The time commitment for this subject depends on the candidate's background and experience.N.A.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.Professor Mark SidelLawFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730624P12.500Semester 1NLawLaw730-624

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