Note: This is an archived Handbook entry from 2009. Search for this in the current handbook
|Dates & Locations:|| |
This subject is not offered in 2009.
|Time Commitment:||Contact Hours: Three hours of seminars per week |
Total Time Commitment: Estimated total time commitment of 120 hours.
Legal Method and Reasoning; Principles of Public Law; Torts
|Recommended Background Knowledge:||None|
|Non Allowed Subjects:||None|
|Core Participation Requirements:||
For the purposes of considering request for Reasonable Adjustments under the Disability Standards for Education (Cwth 2005), and Student Support and Engagement Policy, academic requirements for this subject are articulated in the Subject Overview, Learning Outcomes, Assessment and Generic Skills sections of this entry.
It is University policy to take all reasonable steps to minimise the impact of disability upon academic study, and reasonable adjustments will be made to enhance a student's participation in the University's programs. Students who feel their disability may impact on meeting the requirements of this subject are encouraged to discuss this matter with a Faculty Student Adviser and Student Equity and Disability Support: http://services.unimelb.edu.au/disability
This subject examines the challenges of using law to counter discrimination and critically examines the contribution of anti-discrimination law to reducing inequality. It begins with a review of the concepts of equality and discrimination and the Australian social context. Turning to the legal response, the major focus is on Australian law after an introduction to international law on equality and discrimination, and constitutional protections in other countries for equality or non-discrimination rights. State and Federal anti-discrimination laws and their interpretation and use will be studies primarily through sex discrimination case law, but other grounds of discrimination including race, disability and sexuality will be considered to a lesser extent. (Students with a strong interest in discrimination on these of other grounds, such as age, political or religious belief etc. can use the research paper as an opportunity to study these areas in more detail). The law prohibits discrimination in certain defined situations, but has been subjected to complex and technical interpretations by the judiciary. The effectiveness of the legislation in changing social practices and eliminating discrimination will be evaluated and alternative approached considered.
|Objectives:||On completion of the subject a student should have developed an understanding of · the social context of inequality and discrimination in Australia · the philosophical and legal concepts of equality and discrimination · the legal response to disadvantage and discrimination in Australia and other countries · the structure, purpose and application of anti-discrimination legislation · the factors that affect or limit the ability of the law to achieve its aims and be able to draw on this understanding and knowledge to critically analyse and evaluate: · the concepts of equality, discrimination, and how the law incorporates them · the interpretations and application of the law to discrimination, · alternative legal and other approaches to the reduction of discrimination, such as positive action, and · the capacity and limits of law as a mechanism of social change.|
Reflective essay of 1500 words, 20% (due week 10); and a final examination of two hours, 80% OR reflective essay of 1500 words, 20% (due week 10); and a research essay of 5000 words, 80% (due during the exam period).
Students undertaking a placement: Assessment of placement performance (by external supervisor in consultation with the subject coordinator) 20% and assignment (on a topic of value to the placement organisation) 2500 words, 40% and a final 1-hour examination, 40%.
|Prescribed Texts:|| |
Printed materials will be issued by the Faculty of Law
|Breadth Options:|| |
This subject is not available as a breadth subject.
|Fees Information:||Subject EFTSL, Level, Discipline & Census Date|
On completion of the subject students should have developed or further developed the following generic skills:
Case reading and analysis
Reading and interpreting legislation
Critical and legal analysis and problem solving
Legal research and writing skills (Students who complete a research paper)
Oral communication skills through seminar participation and class presentation on research in progress
Practical workplace skills for students undertaking a placement
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