LAW4129 - Law and discrimination 406

Leader(s): Colin Campbell

Offered

Clayton First semester 2009 (Day)

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
30 minutes reading and noting time): 100% OR Research Paper (2,000 words): 25%
Examination (2 hours writing time
30 minutes reading and noting time): 75%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104