|Indigenous People and the Law - JURD7411|
This course is concerned less with a new field of law than with the application of established principles and procedures of the Australian legal system to Indigenous Australians – Aboriginal peoples and Torres Strait Islanders. Thus we re-visit aspects of Criminal Law and Procedure, Property Law, Constitutional Law, etc. At a more fundamental level the course is concerned with the inescapable fact that, in much of Australia, two systems of law may still be operating – the Indigenous system and the Anglo-Australian system. Until quite recent times, the introduced legal system simply ignored Indigenous laws, and rights and responsibilities under those laws. So, this course raises fundamental questions about the juridical basis of the Australian nation state, the uses and misuses of history, the acceptability of legal pluralism, and issues of justice, equality and human rights.
Recommended Prior Knowledge
The aims of this course are:
Class participation 20%
Another possibility is to undertake a smaller-scale project and also to do the exam, or to do two smaller-scale projects. The assessment scheme overall is subject to discussion on Day 1.