Women and the Law (8523.2)

The areas examined include: the interaction between gender and the law through a cultural holistic framework; effect of gender personality traits and gender roles interaction with the courts, tribunals, police and prisons as defendants; particularly theories of crime, sentencing, battered women who kill, sole parent pension fraud; victims and/or plaintiffs; particularly domestic violence, sexual assault, discrimination, harassment; interaction of practitioners; and Intersection of gender with race, disability and secularity. This unit is co-taught with unit Women and the Law G.

Learning outcomes

demonstrate an understanding of how gender constructs within and outside the legal system affect womens interactions with the law; demonstrate the skills of socio-legal analysis, research, written, presentation and legal analysis through the completion of set assigned tasks;
demonstrate a critical analysis of law related problems and existing reform proposals from a socio-legal and holistic perspective.

Graduate attributes

1. UC graduates are professional - communicate effectively
1. UC graduates are professional - display initiative and drive, and use their organisation skills to plan and manage their workload
1. UC graduates are professional - employ up-to-date and relevant knowledge and skills
1. UC graduates are professional - use creativity, critical thinking, analysis and research skills to solve theoretical and real-world problems
2. UC graduates are global citizens - adopt an informed and balanced approach across professional and international boundaries
2. UC graduates are global citizens - communicate effectively in diverse cultural and social settings
2. UC graduates are global citizens - make creative use of technology in their learning and professional lives
2. UC graduates are global citizens - think globally about issues in their profession
3. UC graduates are lifelong learners - adapt to complexity, ambiguity and change by being flexible and keen to engage with new ideas
3. UC graduates are lifelong learners - evaluate and adopt new technology
3. UC graduates are lifelong learners - reflect on their own practice, updating and adapting their knowledge and skills for continual professional and academic development

Skills development

Material in this unit focuses on the interaction between women and the law through a feminist, historical and cultural holistic framework. We look at examples of possible bias or differences for women in their interactions with criminal law, ADR, business law, migration law, social security law, tax law, contracts law, medical and tort law, family law, trusts and equity, discrimination law, labour law, company law, IP law and Public law. The subject also examines the specific experiential issues for lesbians, women with a disability, indigenous women, female lawyers, judges and politicians.

Upon successful completion of this Unit, students will be able to:

1. Demonstrate a higher order understanding of how gender constructs within and outside the legal system affect women’s interactions with the law;

2. Demonstrate the advanced skills of socio-legal analysis, research, written, presentation and legal analysis through the completion of set assigned tasks; and

3. Demonstrate a critical analysis of law related problems and existing reform proposals from a socio-legal and holistic perspective.

 

Generic skills

Students will have been enabled to:

1. Communication: they will be able to undertake legal research, oral presentation and writing, including the ability to synopsise

2. Analysis and inquiry: engage in critical analysis of the law identifying differences for women and means of redressing discrimination; understand how sex, race, sexuality and disability affect legal systems and practice; ability to be creative in their thinking and writing.

3. Problem solving: discuss the application of legislative provisions and case law in given hypothetical factual situations involving women and the law; take a position on women and the law issues, making explicit and defending the values and policies relied on indicating an understanding of diversity

4. Working independently and with others: Work together as a team on research –led learning and work independently

5. Professionalism and Social Responsibility: Comprehend the relevant legal and other contextual issues which contribute to inequality under the law in order to be able to contribute to the betterment of others in their work lives.

Prerequisites

Law and Society or equivalent.