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Sovereignty, Justice, Indigenous Peoples (CRIM90008)
Graduate courseworkPoints: 12.5Not available in 2017
Overview
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This subject examines the relation between Indigenous peoples, justice and the law, through the lens of sovereignty. It reflects critically on the concept of sovereignty, its powerful propensity to transcend its social origins, and its fortress status in law. Through first examining European law’s relation to Indigenous peoples from 1492, the course explores correlations between Europe’s economic expansion and the development of sovereignty, property, and race as key notions that underpin both individual nation-states and the international order they constitute. In bringing this analysis to bear on contemporary aspirations for structural justice, the course then considers the possibilities and limitations of current legal concepts and mechanisms – in both local and global domains – such as prevailing notions of sovereignty, native title, human rights, crimes against humanity, and transitional justice. Finally, the course presents examples of innovative contemporary interventions in support of structural justice in settler states, promoting new ways to think about their complex pasts and presents, and possible future directions.
Intended learning outcomes
At the end of the subject, students should be able to reflect critically on:
- the historical experiences of Indigenous peoples and the development of key western ideas and practices;
- conventional legal and political understandings of sovereignty discourse;
- the impact of European notions of sovereignty, property and race on Indigenous and non-Indigenous peoples from 1492 to the present;
- the historical and legal underpinnings of contemporary relationships between Indigenous peoples and European law (and criminal justice systems) in settler states;
- contemporary possibilities for redress and reform in the local and international justice arenas.
Generic skills
On completion of this subject students should:
- demonstrate the capacity to think in theoretical and conceptual terms;
- demonstrate advanced skills in critical thinking and analysis;
- demonstrate the capacity to apply theoretical and historical thinking to the analysis of contemporary social issues.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Criminology, Socio-Legal Studies, Politics and International Studies, Sociology or Development Studies at Undergraduate level.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
- A critical annotated bibliography of 2000 words, OR reflective essay of 2000 words (30%), due towards the end of March.
- A major critical research essay of 3000 words (70%) due in the examination period.
- Hurdle Requirements: As this is an Intensively-taught subject, seminar attendance is compulsory at all classes. Regular participation in class is required. Full participation in seminar reading, seminar presentations and discussion is expected. The oral presentation of at least one seminar paper based on set weekly readings is a (non-assessed) hurdle requirement.
Last updated: 3 November 2022
Dates & times
Not available in 2017
Time commitment details
170 hours
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Readings will be provided online through the subject's LMS site prior to the commencement of the subject.
Recommended texts and other resources
- Armitage, D., The Ideological Origins of the British Empire, Cambridge University Press, Cambridge, 2002.
- Keal, P. European Conquest and the Rights of Indigenous Peoples: The Moral Backwardness of International Society, Cambridge: Cambridge University Press, 2003.
- Pagden, A., 1995, Lords of All The World: Ideologies of Empire in Spain, Britain and France, c.1500 - c.1800 (New Haven).
- Williams, R.A., The American Indian in Western Legal Thought: The Discourses of Conquest, Oxford University Press: NY, 1990
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
Subject coordinator approval required
Last updated: 3 November 2022