Animals and the Law (LAWS50122)
Graduate coursework level 5Points: 12.5Not available in 2022
From 2023 most subjects will be taught on campus only with flexible options limited to a select number of postgraduate programs and individual subjects.
To learn more, visit COVID-19 course and subject delivery.
About this subject
Overview
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The subject examines the law as it affects non-human animals and their relations with humans in historical, social and ecological context. The subject covers a range of different ways in which private and public law impact on animals including as property to be owned, potential dangers to be controlled, companions to be shared, having rights and interest to be protected, as workers in a variety of fields and as resources that are used in industry, science and entertainment, as unwanted pests and as inhabitants of the wild, vulnerable to climate change, disaster and biodiversity loss.
Divided into two halves, the first half of the unit will investigate foundational questions about the legal status of animals in historical, theoretical and doctrinal perspective. Theoretical perspectives to be covered will include animal welfare, animal rights, eco-feminism, and wild law. Doctrinal perspectives will include property law, trespass, nuisance, negligence, family law, and criminal law. The second half will investigate ways in which legal policy concerning animals is evolving through case law, legislation, international law-making and advocacy on behalf of animal interests. Law reform topics may include whether and how the law should grant rights to animals, reforms to animal welfare regulation concerning and the use of animals for food, textiles, entertainment, hunting, and scientific testing, ways in which family law, criminal law, and tenancy law are changing to recognise companion animals as having unique and valuable relations with humans, and international efforts to protect domestic and wild species for environmental, biosecurity and animal welfare reasons.
Students will have the opportunity to traverse a wide range of substantive law areas and to critically examine whose interests and which social, ecological and economic values the law protects in different contexts and times and how this can change. The jurisdictional focus of the course is Australia, with some comparison with other jurisdictions and times, as well as international law.
Intended learning outcomes
Students who successfully complete this subject will have:
- Have an advanced and integrated understanding of animals' legal status in historical, doctrinal and theoretical context;
- Be able to critically examine, analyse, interpret and assess the way the law currently governs relations between humans and non-human animals;
- Be an engaged participant in debate regarding emerging and contemporary issues in way the law governs relations between humans and animals;
- Have a sophisticated appreciation of processes and strategies for legal change in the way the law governs relations between humans and animals.
Generic skills
On successful completion of the subject students will have developed and demonstrated advanced skills in the following areas:
- Creative and strategic thinking skills, including the ability to gather information, understand interests and context, and devise ways to critically reflect on current and historical issues;
- Personal and professional skills, including learning autonomously, devising an independent project, presenting the project, and self-reflection on performance and the role of legal expertise;
- Communication skills, especially developing skills and methods to communicate with those with legal and other relevant non-legal expertise and experience;
- Research and reflection skills, including the ability to engage in high-level analysis and critical reflection, and to develop and articulate legal analysis and reform recommendations based on historical, theoretical and doctrinal knowledge of the law and its relation to animals.
Last updated: 31 January 2024
Eligibility and requirements
Prerequisites
All of
| Code | Name | Teaching period | Credit Points |
|---|---|---|---|
| LAWS50023 | Legal Method and Reasoning | Summer Term (Dual-Delivery - Parkville) |
12.5 |
| LAWS50024 | Principles of Public Law | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
| LAWS50026 | Obligations | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
| LAWS50028 | Constitutional Law | Semester 2 (Dual-Delivery - Parkville) |
12.5 |
| LAWS50029 | Contracts | Semester 2 (Dual-Delivery - Parkville) |
12.5 |
| LAWS50030 | Property | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
| LAWS50032 | Administrative Law | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
AND
Note: the following subject/s can also be taken concurrently (at the same time)
| Code | Name | Teaching period | Credit Points |
|---|---|---|---|
| LAWS50034 | Criminal Law and Procedure | Semester 2 (Dual-Delivery - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
None
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: 31 January 2024
Assessment
| Description | Timing | Percentage |
|---|---|---|
Critical reflection on an animal law issue – based on materials set for class discussion
| 1 Weeks after the end of teaching | 25% |
Class presentation on topic for independent piece of legal writing
| 2 Weeks after the end of teaching | 10% |
Independent piece of legal writing about a current or emerging issue in relation to animals and the law in a topic and form agreed with the Subject Coordinator
| 8 Weeks after the end of teaching | 65% |
Additional details
The due date of the above assessment(s) will be available to students via the Assessment Schedule on the LMS Community.
Last updated: 31 January 2024
Quotas apply to this subject
Dates & times
Not available in 2022
Time commitment details
144 hours
Additional delivery details
This subject has an enrolment quota of 60 students.
All timely JD elective enrolments are subject to a selection process, which the Academic Support Office will perform after the timely re-enrolment period ends. Late self-enrolment is on a first-in basis up to quota.
Please refer to the Melbourne Law School website for further information about the management of subject quotas.
Last updated: 31 January 2024
Further information
- Texts
- Related Handbook entries
- 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.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
- Available to Study Abroad and/or Study Exchange Students
Last updated: 31 January 2024