units

LAW4129

Faculty of Law

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Monash University Handbook 2010 Undergraduate - Unit

6 points, SCA Band 3, 0.125 EFTSL

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton First semester 2010 (Day)
Coordinator(s)Colin Campbell

Synopsis

Topics include: concepts of equality and discrimination; the Australian social context; the law developed around State and Federal anti-discrimination legislation primarily in sex discrimination; grounds of discrimination including sex, race, disability and sexuality discrimination, and (if time) discrimination based on political or religious belief or activity; areas of activity covered or exempted from the legislation; constitutional complications of the legislation; problems of proof; procedural issues and the remedies available to victims of discrimination; concludes by evaluating effectiveness of the legislation and alternative measures like affirmative action.

Objectives

On completion of the subject a student should have

  1. acquired knowledge of the problem of unjustifiable discrimination and its Australian social context, and of anti-discrimination laws and their application and interpretation;
  2. developed their research and writing skills through preparing a research paper;
  3. developed an understanding of the philosophical and legal concepts of equality and discrimination and the problems of the development of this area in the common law context; and
  4. developed the ability to think critically about concepts of equality, discrimination, special treatment, and the capacity and limits of law as a mechanism of social change.

Assessment

Examination (2.5 hours writing time and 30 minutes reading and noting time): 100% or research paper (2,500 words): 50% and examination (2.5 hours writing time and 30 minutes reading and noting time): 50%.

Chief examiner(s)

Dr Colin Campbell

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104