units

LAW4129

Faculty of Law

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Monash University Handbook 2011 Undergraduate - Unit

6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2011

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