Note: This is an archived Handbook entry from 2011.
|Dates & Locations:|| |
This subject is not offered in 2011.
|Time Commitment:||Contact Hours: One 3-hour seminar per week |
Total Time Commitment: 144 hours.
Legal Method and Reasoning; Principles of Public Law; Torts; Legal Theory; or in each case their equivalents.
|Recommended Background Knowledge:||Obligations, Contracts, Property, and Constitutional Law are desirable.|
|Non Allowed Subjects:||None.|
|Core Participation Requirements:||
For the purposes of considering requests for Reasonable Adjustments under the Disability Standards for Education (Cwth 2005), and Students Experiencing Academic Disadvantage Policy, academic requirements for this subject are articulated in the Subject Description, Subject Objectives, Generic Skills, and Assessment Requirements of this entry.
The University is dedicated to providing support to those with special requirements. Further details on the disability support scheme can be found at the Disability Liaison Unit website: http://www.services.unimelb.edu.au/disability/.
ContactMelbourne Law School Student Centre
Tel: +61 3 8344 4475
|Subject Overview:||Taking current legal and political controversies in Indigenous affairs as its starting point, the subject examines the legal relationship between Indigenous and non-Indigenous peoples in a range of countries including Australia and in International law. Students are encouraged to critically analyse the impact of western legal systems on indigenous peoples through the process of colonisation, and the nature of the legal and political relationships between indigenous and non-indigenous peoples whether through treaties or other legal forms. Issues for particular study may include the nature of indigenous societies both before and after colonisation and their interaction with colonising legal systems, the process of legal colonisation, including government policies, the legal forms for policy implementation and their impact on indigenous peoples, regimes governing title and providing access to land and resources, international law and its regimes for protection of indigenous peoples rights, the possibilities for recognition of customary law and indigenous jurisdiction in a pluralist legal system, and the role of the legal system in promoting social, cultural and economic sustainability of indigenous societies. Consistent themes throughout the subject will include the significance of land, the role of identity, the relevance of international human rights law, the concept of self-determination, indigenous governance, the significance of treaty and agreement making, the role of law in remedying disadvantage and comparative experiences in other jurisdictions particularly, but not limited to Canada and New Zealand. |
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:
- Be able to draw on this understanding to:
|Prescribed Texts:||Printed materials will be available from the Melbourne Law School.|
|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 the following generic skills:
In addition, on completion of the subject, students should have developed the following skills specific to the discipline of law:
- Case reading and analysis
- Statutory reading and interpretation
- Legal analysis and problem-solving
- Legal research skills
- Legal writing skills including an ability to:
- 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.
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