units

LAW4129

Faculty of Law

18 September 2017 19 April 2024

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This unit entry is for students who completed this unit in 2016 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

Monash University

6 points, SCA Band 3, 0.125 EFTSL

Undergraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Offered

Not offered in 2016

Synopsis

Topics include: 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.

Outcomes

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
  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 (2.5 hours writing time and 30 minutes reading and noting time): 100% or research paper (2,500 words): 50% and examination (2.5 hours writing time and 30 minutes reading and noting time): 50%.

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Dr Colin Campbell

Prerequisites

For students who commenced their LLB course prior to 2015: LAW1104 Research and Writing and LAW1101 Introduction to Legal Reasoning

For students enrolled in the LLB (Hons) course from 2015: LAW1111 Foundations of Law, LAW1112 Public Law & Statutory Interpretation, LAW1113 Torts, LAW1114 Criminal Law 1,LAW2101 Contract A , LAW2102 Contract B, LAW2111 Constitutional Law, LAW2112 Property A

Co-requisites

LAW3111 Equity and LAW3112 Corporations law