LAW4129

Law and discrimination 406 ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader:

Offered:
Clayton Second semester 2006 (Day)

Synopsis: Concepts of equality and discrimination. The Australian social context. The law developed around State and Federal anti-discrimination legislation primarily in sex discrimination. Grounds of discrimination including sex, race, disability and sexuality discrimination, and (if time) discrimination based on political or religious belief or activity. Areas of activity covered or exempted from the legislation. Constitutional complications of the legislation. Problems of proof. Procedural issues and the remedies available to victims of discrimination. Concludes by evaluating effectiveness of the legislation and alternative measures like affirmative action.

Objectives: On completion of the subject a student should have (1) acquired knowledge of the problem of unjustifiable discrimination and its Australian social context, and of anti-discrimination laws and their application and interpretation; (2) developed their research and writing skills through preparing a research paper; (3) developed an understanding of the philosophical and legal concepts of equality and discrimination and the problems of the development of this area in the common law context; and (4) developed the ability to think critically about concepts of equality, discrimination, special treatment, and the capacity and limits of law as a mechanism of social change.

Assessment: Examination (2 hours writing time + 30 minutes reading time): 100% OR Research Paper (4,000 words): 50% + Examination (1 hour writing time plus 30 minutes reading time): 50%

Contact Hours: Three hours of lectures per week

Prerequisites: LAW1100 or LAW1101 and LAW1102