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Human Rights: From Morality to Law (LAWS70454)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
August
Lecturer
Professor John Tasioulas, Coordinator
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | August |
---|---|
Fees | Look up fees |
Human rights are a dominant but highly contested feature of ethical, political and legal thinking in the era ushered in by the Universal Declaration of Human Rights of 1948. This subject explores the many pressing questions raised by these rights from the point of view of contemporary moral, political and legal philosophy.
- Are human rights triggers for intervention or benchmarks of state legitimacy?
- Are they based on dignity, interests or some other value?
- How do we determine who has human rights and who bears the associated duties?
- Can human rights conflict with other values and how should such conflicts be resolved?
- Are human rights compatible with cultural pluralism?
- How should human rights be legalised?
- Is international human rights law legitimate in light of the claims of state sovereignty?
- How is the content of international human rights law to be determined?
- How should we reform or implement this law?
Principal topics include:
- The nature of human rights: moral, legal, political?
- The grounds of human rights: interests, dignity, God
- The subjects of human rights and the bearers of associated duties
- Conflicts involving human rights and their relations to the common good
- Human rights and cultural pluralism
- The legalisation of human rights
- The legitimacy of international human rights law
- Sources of international human rights law
- Reforming international human rights law
- Jus cogens, intervention and punishment.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of theories relating to the underlying conceptual and normative principles of human rights morality and law
- Be able to critically examine, analyse, interpret and assess those principles
- Be an engaged participant in debate regarding contemporary issues in this field, such as whether human rights are essentially moral or political in nature, the values that ground them, how they are related to wider values, and how they are best embodied in and implemented by public international law
- Have a sophisticated appreciation of the factors that bear on the adjudication among different views in this field
- Have a detailed understanding of some the leading contemporary theories relating to the morality and international law of human rights
- Have the cognitive and technical skills to generate critical and creative ideas relating to the nature and justification of human rights, both as moral and international legal norms
- Have the communication skills independently to examine, research and analyse existing and emerging issues relating to the theory of human rights morality and law to relevant specialist and non-specialist audiences
- Be able to demonstrate autonomy, expert judgment as a thinker and learner in the field of human rights theory.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Melbourne Law Masters Students: None
JD Students: Successful completion of the below subject:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50049 | International Human Rights Law | Semester 1 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
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
- Take-home examination (5,000 - 6,000 words) (100%) (6 - 9 October)
or - 8,000 - 10,000 word research paper (100%) (20 November) on a topic approved by the subject coordinator
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- August
Principal coordinator John Tasioulas Mode of delivery On Campus (Parkville) Contact hours 24-26 hours Total time commitment 150 hours Pre teaching start date 26 July 2017 Teaching period 23 August 2017 to 29 August 2017 Last self-enrol date 30 June 2017 Census date 23 August 2017 Last date to withdraw without fail 13 October 2017 Assessment period ends 20 November 2017 August contact information
Lecturer
Professor John Tasioulas, Coordinator
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Time commitment details
136-150 hours The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
Additional delivery details
This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
law.unimelb.edu.au
- 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
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
Last updated: 3 November 2022