Indigenous Australians and the Law (8245.2)

The topics covered may include:- Indigenous Laws and Relationship to the Land;- Legal Impact of Colonisation:- in social, political and practical context;- History and Government Policy;- Land Land rights Native Title;- Indigenous governance and self-determination;- Criminal Justice;- Racial Discrimination;- Intellectual property and Cultural Heritage - identity, pride and ownership;- The impact of International Human Rights Law (or possibly covered in other areas of course- Resolution: Reconciliation, Treaty and the future.

Learning outcomes

1. demonstrate an understanding of aspects of Indigenous systems of law, regulation and social organisation, past and continuing, and contrast these with the legal systems of the dominant Anglo-Australian culture.
2. appreciate the impact of colonisation/invasion on Indigenous Australians; their lives, land, legal systems and sovereignty.
3. appreciate and evaluate moral and legal claims of Indigenous Australians to continued sovereignty, self-determination and cultural integrity, and assess judicial and governmental responses to such claims.
4. understand the importance of land for Indigenous Australians and the historical and contemporary struggle for land rights, and evaluate the adequacy or inadequacy of existing statutory and common law recognition of these rights.
5. appreciate and engage with the experiences of Indigenous Australians within the Anglo-Australian criminal justice system, as prisoners, defendants, victims and witnesses.
6. identify past and continuing incidences of racism, discrimination and inequality faced by Indigenous Australians and evaluate the adequacy of legal and political responses.
7. consider and critically analyse the potential for law reform to redress injustice and disadvantage faced by Indigenous Australians.
8. consider the relevance of international law and evaluate its potential as a means of protecting and promoting the human rights of Indigenous Australians.
9. consider and reflect on options for fundamental change to the legal and social position of Indigenous Australians, including constitutional reform and reconciliation.

Skills development

The unit focuses on developing the following specific generic skills and graduate attributes:

 

1. Communication: the ability to present knowledge, ideas and opinions effectively and communicate within and across professional and cultural boundaries.
2. Analysis and inquiry: the ability to gather information, and to analyse and evaluate information and situations in a systematic, creative and insightful way.
3. Problem solving: the ability to apply problem solving processes in novel situations; to identify and analyse problems then formulate and implement solutions
4. Working independently and with others: the ability to plan their own work, be self-directed and analyse problems then formulate and implement solutions

Prerequisites

6599 Law and Society OR 7000 Indigenous Politics and the State OR 9467 Indigenous History and Identity OR 4977 Introduction to Business Law OR 9523 Business Law & Ethics

Corequisites

None.

Assumed knowledge

None.