Course overview
This course will develop an understanding of Aboriginal peoples, their legal systems and the underlying philosophy of those systems of law and focus also on the different relationships Aboriginal and non-Aboriginal peoples have to the land. In examining those differences, students will study key concepts in both Aboriginal and Australian property law. This course will examine and critically evaluate contemporary discussions on the recognition or otherwise of Aboriginal peoples by the Australian legal system. Further comparative analysis of laws will be drawn from the areas of cultural heritage protection, international law and the ownership and control of Aboriginal knowledges and intellectual property law.
Course learning outcomes
- Identify and examine the areas in which colonialism has impacted upon Aboriginal relationships to land and law
- Critically analyse the place of Aboriginal law(s) within Aboriginal and Australian communities
- Critically analyse and evaluate the limits of constitutional protections afforded to Aboriginal and Torres Strait Islander Peoples, and the role of international instruments and mechanisms on domestic law
- Critically evaluate conceptual and legal problems with property law relating to Aboriginal and Torres Strait Islander Peoples and propose solutions to resolve these problems
Degree list
The following degrees include this course