Sovereignty, Justice, Indigenous Peoples (CRIM90008)
Graduate courseworkPoints: 12.5On Campus (Parkville)
Overview
| Availability | Semester 2 |
|---|---|
| Fees | Look up fees |
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
Students who successfully complete this subject should be able to:
- Reflect critically on the historical experiences of Indigenous peoples and the development of key western ideas and practices
- Reflect critically on conventional legal and political understandings of sovereignty discourse
- Reflect critically on the impact of European notions of sovereignty, property and race on Indigenous and non-Indigenous peoples from 1492 to the present
- Reflect critically on the historical and legal underpinnings of contemporary relationships between Indigenous peoples and European law (and criminal justice systems) in settler states
- Reflect critically on contemporary possibilities for redress and reform in the local and international justice arenas.
Generic skills
Students who successfully complete this subject should be able to:
- 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: 4 March 2025
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: 4 March 2025
Assessment
| Description | Timing | Percentage |
|---|---|---|
A critical annotated bibliography or reflective essay
| Mid September | 30% |
A major critical research essay
| Mid October | 70% |
An oral presentation of at least one seminar paper based on set weekly readings (non-assessed) | Throughout the teaching period | 0% |
| Hurdle requirement: 1. Attendance hurdle requirement 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. | Throughout the teaching period | N/A |
| Hurdle requirement: 2. Late Penalty and Assessment hurdle requirement: Assessment submitted late without an approved extension will be penalised at five per cent (5%) of the possible marks available for the assessment task per day or part thereof. All pieces of assessment must be submitted to pass the subject. Each submitted assessment must be complete, constitute a genuine attempt to address the requirements of the task and will not be accepted after 20 University business days from the original assessment due date without written approval. | Throughout the semester | N/A |
Last updated: 4 March 2025
Dates & times
- Semester 2
Coordinator Juan Tauri Mode of delivery On Campus (Parkville) Contact hours 24 hours: A 2-hour seminar for 12 weeks. Total time commitment 170 hours Teaching period 28 July 2025 to 26 October 2025 Last self-enrol date 8 August 2025 Census date 1 September 2025 Last date to withdraw without fail 26 September 2025 Assessment period ends 21 November 2025 Semester 2 contact information
Professor Juan Tauri: juan.tauri@unimelb.edu.au
Time commitment details
170 hours
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Last updated: 4 March 2025
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.
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.
Additional information for this subject
Subject coordinator approval required
- Available to Study Abroad and/or Study Exchange Students
Last updated: 4 March 2025