Indigenous People and the Law - LAWS3211

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Undergraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 3
 
 
Enrolment Requirements:
 
 
Prerequisite: LAWS1001 and LAWS1011 and Corequisite: LAWS2311; Prerequisite: JURD7101 and JURD7111 and Corequisite: JURD7211
 
 
Excluded: JURD7411
 
 
CSS Contribution Charge:Band 3 (more info)
 
 
Tuition Fee:See Tuition Fee Schedule
 
 
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).