Law and Indigenous Peoples

This subject has the following teaching availabilities in 2009:

Legal Method and Reasoning; Principles of Public Law; Torts; Legal Theory or in each case their equivalents.

Note: The essay in this subject is regarded as a substantial piece of legal writing.

On completion of this subject Students should:

- have developed an understanding of:

• a range of critical and theoretical analyses of the relationship between the western colonising legal system and Indigenous peoples;
• both the historical and contemporary cultural traditions, including the centrality of land, for Indigenous peoples;
• the social, legal and political consequences of colonisation and the subsequent impact upon the lives and identity of indigenous peoples;
• the common law and/or legislative regimes that regulate land tenure, use and management, including resources development, on the land of Indigenous peoples;
• the major human rights claims of Indigenous peoples including claims to sovereignty both domestically and at international law and the regimes for protecting indigenous peoples rights;
• the ways law may contribute to a resolution of outstanding issues between indigenous and non-indigenous peoplesincluding through negotiation, agreement and treaty making;
• the ways in which the experiences of indigenous people across jurisdictions are relevant to and may inform legal and political debate on issues relating to Indigenous peoples generally

- be able to draw on this understanding to:

• describe and critically analyse elements of the legal relationship between indigenous peoples and settler institutions;
• critically analyse at lease two specific instances or examples of this relationship;
• develop arguments as to the appropriate legal principles to apply in various circumstances that will advance the status of indigenous peoples at international law and in their domestic jurisdictions;
• apply relevant legal principles to a range a fact situations including through negotiation exercises;
• present these arguments, analyses and application of principles in the form of written arguments that are appropriately structured, developed, supported and referenced.

• exercise and reflective essay of 1000 words, 20% (due week 10) *refer to NOTES

and;

• research essay or project of 5000 words, 80% (due second week of the examination period) or a final open-book examination of three hours, 80%

and;

• prescribed (Hurdle) Requirement: Attendance at 75% of the seminars and seminar presentation
• prescribed (Hurdle) Requirement: All students must participate in and complete the work associated with the exercise

This subject is not available as a breadth subject.

On completion of the subject, students should have developed the following generic skills:

• attitudes towards knowledge that include valuing truth, openness to new ideas and ethics associated with knowledge creation and usage
• the capacity for close reading and analysis of a range of sources
• the capacity for critical and independent thought and reflection
• the capacity to solve problems, including through the collection and evaluation of information
• the capacity to communicate, both orally and in writing
• the capacity to plan and manage time
• the capacity to participate as a member of a team
• intercultural sensitivity and understanding

In addition, on completion of the subject, students should have developed the following skills specific to the discipline of law:

- Case reading and analysis

• Read complex cases in a range of legal areas and jurisdiction
• Extract the important features from judgments
• Evaluate and reconcile judgments and legal principles

- Statutory reading and interpretation

• Extract important features from statues and use, interpret and apply them in a range of circumstances

- Legal analysis and problem-solving

• Critically analyse legal rules and their application to indigenous people
• Develop and apply appropriately structured and supported legal argument in written and oral forms

- Legal research skills

• Find primary sources relevant to indigenous peoples
• Find statutes and case law and non-legal sources relevant to indigenous legal issues in both Australia and in other jurisdictions

- Legal writing skills including an ability to:

• Use case law, statutes and secondary sources as part of legal analysis
• Use material from other disciplines in interdisciplinary analysis
• Identify and summarise legal principles
• Present an appropriately structured and supported complex legal argument

- Oral communication skills in participating in seminars and presenting research reports

- Ability to work in groups to solve problems in a class room setting and negotiate settlements in hypothetical situations

- Apply mediation and negotiation principles in a cross cultural setting