Law and discrimination 415
Not offered in 1995
15 points * 3 hours seminars per week * Clayton * Prerequisites: See section 3 of the faculty resolutions
The Commonwealth and most States now have legislation outlawing discrimination, on grounds such as race, sex, physical or mental disability, and political or religious belief. Although this area is increasing in importance, particularly in the area of employment, it is based on concepts foreign to the common law: it represents an attempt to use law to bring about social change. This subject examines the development of the law in this area, together with its conceptual background and social context. The study of State and Federal antidiscrimination legislation includes consideration of constitutional problems, the grounds and areas of discrimination covered, and problems of procedure and proof in discrimination cases. The legislation is drafted in the same way for all categories of discrimination despite significant differences in the social phenomena involved. Examining the difficulties of enforcement and the limits of the legislation leads into a consideration of other means of reducing discrimination, including affirmative action schemes and the concept of comparable worth.
Assessment
Research paper on topic chosen by student and approved by lecturer, consisting of either (a) 5000-6000 words for 60% or (b) 2500-3000 words for 30% * Class participation in the form of a presentation of work-in-progress on the research paper: 10% * Final examination (take home): 30% (if 60% research paper done) or 60% (if 30% research paper done)
Preliminary reading
Gaze B and Jones M Law, liberty and Australian democracy Law Book, 1990