Pacific comparative law 700
Not offered in 1995
Two 2-hour classes weekly
The diversity of legal institutions found today in the South Pacific region - including Papua New Guinea, Australia and the many independent island states and territories - provides opportunity for study and research leading to comparative insight into the functioning of law in society. This subject is concerned with the development of legal systems, involving combinations of local and introduced concepts, and adaptation to perceived needs of the modern state. The subject looks critically at approaches to law in changing societies, such as `law and development' and legal pluralism'.Themes include the persistence of traditional forms of government and dispute resolution; the roles of constitutions and courts in the checking of power; property concepts and relationships with natural resources and the environment; legal pluralism derived from customary law, statute and common law; sovereignty and colonialism `old' and `new'; and regional developments in international law. The significance of the High Court Mabo decision and the New Zealand Waitangi Tribunal will be considered. Individual research, class discussion and the presentation of papers are encouraged. Course materials and reference lists will be available
Assessment
Class test (1 hour): 10% * Work-in-progress presentation: 10% * Research paper (9000-10,000 words): 80%