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Indigenous People and the Law - JURD7411
 Law Books

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 3
 
 
Enrolment Requirements:
 
 
36 UOC completed in Juris Doctor Program (9150)
 
 
Excluded: LAWS3211
 
 
CSS Contribution Charge:Band 3 (more info)
 
   
 
Further Information: See Class Timetable
 
  

Description

The aim of the course is to equip students with an understanding of technical legal matters and broader issues that arise in the relationship between Indigenous peoples, their own legal systems and non-Indigenous law. This is a survey course, an opportunity to develop students' knowledge and understanding of a range of Indigenous legal issues, and it addresses both international and domestic law. The course looks at property rights, constitutional arrangements, criminal justice, the position of children and families, intellectual property and human rights, amongst other issues. In other words, it builds on students' general knowledge from a number of compulsory courses and may also complement other electives in a student's program.

Recommended Prior Knowledge

None

Course Objectives

The objectives of this course are to:
  • develop a general familiarity with a range of domestic and international legal issues relevant to Indigenous peoples, from an Australian perspective
  • build an awareness of the historical interaction of Indigenous and Western legal systems in Australia
  • gain a greater appreciation of the major currents in international law of relevance to Indigenous peoples in Australia
  • obtain more detailed knowledge of particular aspects of Australian law and society where Indigenous legal issues arise
  • better perceive the wider political and economic culture of law-making
  • improve oral and written skills through contribution to class discussion and the production of high quality written work in a research paper.

Main Topics

  • History, Law and Government Policies
  • Customary Law
  • International Law and Human Rights
  • Indigenous Governance
  • Territorial Issues, particularly Land Rights and Native Title
  • Criminal Justice
  • Indigenous Cultural and Intellectual Property
  • Child Welfare and Family Violence
  • Unfinished Business and Constitutional Change

Assessment

75% research essay
25% class participation

Course Texts

Prescribed
The prescribed text is Heather McRae et al, Indigenous Legal Issues: Commentary and Materials, (4th ed, 2009, Thomson Reuters).

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.