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Indigenous Law in Aotearoa and Australia (LAWS90214)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable (login required)(opens in new window)
Contact information
Overview
Availability(Quotas apply) | September |
---|---|
Fees | Look up fees |
This subject will be taught intensively in Aotearoa-New Zealand in collaboration with our host, the University of Auckland.
The subject aims to equip students with expert knowledge on current Indigenous legal issues in Aotearoa and Australia, including contemporary treaty Issues and the influence of Indigenous law in settler legal systems. Comparative perspectives on the ways in which Indigenous law is recognised, taught and practised will be emphasised. Students will be encouraged to think critically about the ways that settler law does and does not recognise Indigenous law and Indigenous law-making authority in these legally pluralistic countries. We will learn from Indigenous scholars and community leaders about strategies for asserting Indigenous law as part of self-governance, and the place of concepts of legal theory, legal traditions, sovereignty and territory in these debates.
The focus of the subject will be on the following key areas of substantive law, including:
- Tikanga Māori (Māori law) in Aotearoa-New Zealand’s legal system, and the law of Aboriginal and Torres Strait Islander peoples in Australia.
- Te Tiriti o Waitangi (Treaty of Waitangi) and agreement making between Iwi, hapu and settler governments, and Australian treaty-making processes and agreement making with traditional owner communities.
- The theory and practice of Legal Pluralism in Aotearoa-New Zealand and Australia.
- Special topics and contributions such as: cultural and intellectual property, Iwi governance, self-governance and nation-building, the negotiation and enforcement of treaties and treaty settlements, the impact of international law on Indigenous rights and law, and Indigenous approaches to agreement-making in the criminal justice sector.
Indigenous students are strongly encouraged to apply for this subject, and the subject is open to all students that have an interest in Indigenous law. The subject aims to facilitate the building of a network of committed and talented advocates for Indigenous peoples and their interests.
Intended learning outcomes
On completion of this subject students should have developed:
- an advanced and integrated understanding of the legal principles and mechanisms that structure Indigenous peoples' legal systems and experiences of law in New Zealand;
- the capacity to critically examine, analyse, interpret and assess the effectiveness of these legal principles and mechanisms;
- the skills to compare and contrast approaches to law affecting Indigenous peoples in New Zealand and Australia;
- the skills to engage effectively in debate regarding different approaches to Indigenous law and legal systems;
- the cognitive and technical skills to independently examine, research and analyze existing and emerging legal issues relating to the interaction of Indigenous and settler law in New Zealand and Australia;
- the communication skills to clearly articulate and convey complex information regarding Indigenous law and legal systems to relevant specialist and non-specialist audiences, and to contribute to constructive public and scholarly debates on these issues.
Generic skills
- Cognitive and technical skills to independently examine, research and analyse existing and emerging expressions of legal pluralism in settler states;
- Specialist comparative knowledge of Indigenous legal issues in Aotearoa and Australia;
- An ability effectively communicate – in both oral and written forms - complex information and arguments about Indigenous law and legal systems;
- The capacity to reflect on Indigenous research methodologies and critically deploy these in learning and research tasks;
- The skills needed to analyse and propose solutions to particular issues arising from the intersection of settler and Indigenous law;
- The skills needed to argue for law reform and for just agreements and treaties;
- The ability to research independently and at a high level, including the capacity to make persuasive and logical arguments about the place of Indigenous law and legal traditions in the law of Aotearoa and Australia;
- The capacity to listen respectfully to, and read about, Indigenous accounts of their law and self-governance, and to reflect on one's own assumptions and experiences of law in the light of Indigenous knowledge and methodologies;
- Skills necessary to successfully write a research paper containing a persuasive extended argument on a topic related to Indigenous law;
- The capacity to explain and apply concepts and frameworks from one jurisdiction in comparable contexts in one's home country, and to explain how these concepts do or do not contribute usefully to just forms of legal pluralism.
Last updated: 31 January 2024
Eligibility and requirements
Prerequisites
Admission into the MC-JURISD Juris Doctor
AND
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 (On Campus - Parkville) |
12.5 |
LAWS50025 | Torts | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50026 | Obligations | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50028 | Constitutional Law | Semester 2 (On Campus - Parkville) |
12.5 |
LAWS50029 | Contracts | Semester 2 (On Campus - Parkville) |
12.5 |
LAWS90140 | Disputes and Ethics | Semester 2 (On Campus - Parkville) |
12.5 |
Corequisites
Non-allowed subjects
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 |
---|---|---|
Reflective Essay
| Approximately one week after travelling. | 25% |
Research Essay
| Approximately six weeks after travelling. | 75% |
Hurdle requirement: 100% attendance at all scheduled learning activities (Pass/Fail) | N/A |
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
- September
Principal coordinator Eddie Cubillo Coordinator Jaynaya Dwyer Mode of delivery On Campus (Parkville) Contact hours Total time commitment 160 hours Pre teaching start date 9 September 2024 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 30 September 2024 to 13 December 2024 Last self-enrol date 13 September 2024 Census date 11 October 2024 Last date to withdraw without fail 13 December 2024 Assessment period ends 24 January 2025
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.
Additional delivery details
This subject has an enrolment quota of 25 students.
This subject is an application-based enrichment subject. More information about the application process can be found on the JD LMS Community.
Last updated: 31 January 2024
Further information
- Texts
Prescribed texts
Specialist materials will be made available via the LMS.
Last updated: 31 January 2024