Pacific comparative law 506
Not offered in 1997
Associate Professor C G Powles
6 points
* Two 2-hour classes per week
* Summer semester
*
Clayton
Objectives Students successfully completing this subject should (1) have a basic understanding of the nature, history and development of the diverse societies and politico-legal systems of Australia's Pacific Island neighbours; (2) be able to define and distinguish local and introduced sources of law, legal institutions and forms of political organisation, and to explain how, in different ways, indigenous and imported concepts have been adapted to meet perceived needs of the modern state; (3) have an understanding of how states are created and less-than-independent relationships are established and justified; (4) have some appreciation of the relevance for Australia of contemporary studies in such areas as the recognition of legal pluralism, forms of government, constitutional change and regional law; (5) have developed competence in comparative techniques and have acquired interdisciplinary perspectives which will have broadened and deepened their understanding of the nature of law, its functioning in society and the legal principles studied elsewhere in the curriculum; and (6) have enhanced their skills in legal and interdisciplinary research, critical analysis and the presentation of research and argument, orally and in writing.
Synopsis Historical, cultural, political and legal `maps' of the Pacific Island region, including Australia and New Zealand. Comparative methodology and interdisciplinary approaches to the study of law. `Governmental' theme: traditional political systems, the colonial imprint, sovereignty and dependency, choice of constitutional models, the roles of courts, and techniques for checking power. `Legal pluralism': sources of law, derivations from customary law, statute and common law, recognition of indigenous (including Aboriginal) law, human rights and techniques of dispute settlement and the management of conflict. `Property': early concepts, the recognition of land rights (including Mabo and the Waitangi Tribunal), management of natural resources and the environment, and regulation of commerce and investment. `Regional developments': organisations and treaties.
Assessment Class test (50 minutes): 10%
* Work-in-progress
presentation: 10%
* Research paper (5000-6000 words): 80%
Texts
Crocombe R and Ors (eds) Culture and democracy in the South Pacific University of the South Pacific, 1992
Ntumy M and Ors (eds) South Pacific Islands Legal Systems University of Hawaii Press, 1993
Powles G and Pulea M Pacific courts and legal systems University of the South Pacific, 1988
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