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QLLM167 Indigenous Rights: Selected Issues in Practice and Theory (Sem 1)

Module Description:

The primary aim of this module is to introduce and explore the political, socio-cultural, and historical dimensions of Indigenous rights claims in various jurisdictions, including domestic contexts and in international law.

Indigenous rights claims, and legal and political responses to them, will be used to examine questions of how law deals with - and has sought to construct - categories of legal subjecthood, doctrines of state sovereignty, forms of ownership and practices of dispossession. The course will offer the opportunity to consider contemporary responses to these legacies, and to critically assess the potential or actual impact and 'success' of new rights claims as legal, political, and theoretical projects. 

Module Aims:

The broad educational purpose for offering this module is to enable students to explore in an interdisciplinary fashion, an area of the law that encompasses social, political and historical dimensions of law and rights across legal jurisdictions and regimes. More specifically, students will explore concepts and practices foundational both to theories of law and political theory: legal subjectivity, sovereignty, and the recognition of rights.

More specific educational purposes of this module include the following:

  • to explore the historical, social and political context from which contemporary Indigenous rights doctrine emerge
  • to investigate the limits of legal rights through an analysis of Indigenous rights jurisprudence
  • to explore the limits of recognition as a political and legal discourse
  • to develop an awareness of the relationship between colonialism and the development of modern law and legalities
  • to examine the theorisations of sovereignty as elucidated in various legal judgments pertaining to indigenous rights doctrines

Applicable Groupings:

Mode of Assessment:

7,500 word course essay

Credits

22.5 Credits

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