Students

LAW 894 – Human Rights and Moral Dilemmas

2018 – S1 External

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff Unit Convenor
Amy Barrow
Contact via email
Building W3A Office 522
Wednesday 9:30-10:30
Credit points Credit points
4
Prerequisites Prerequisites
Admission to LLM or 42cp in LAW or LAWS units at 400 or 500 level or (admission to JD and 32cp in LAW or LAWS units at 800 level)
Corequisites Corequisites
Co-badged status Co-badged status
Unit description Unit description
This unit explores the intersections between law and morality by analysing cases drawn from a variety of jurisdictions – Australia, the US, the UK, Canada, Europe and South Africa – which raise topical and controversial human rights dilemmas. For example, cases on pornography and hate speech are explored against the background of philosophical analyses of the value of freedom of speech. Cases involving state funding of church schools and religious symbols in state schools are explored in light of philosophical debates about separation between church and state. Other topics covered include prostitution and privacy; multiculturalism and gender; anti-terrorism legislation; and socio-economic rights.

Important Academic Dates

Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates

Learning Outcomes

On successful completion of this unit, you will be able to:

  • Develop an advanced understanding of the philosophical foundations of the idea of human rights.
  • Develop an advanced knowledge of the the different ways in which human rights are protected against legislative infringement in a variety of jurisdictions.
  • Identify and evaluate the advantages and disadvantages of the different forms of rights protection.
  • Critically analyse the moral and political values that underpin a range of human rights.
  • Critically assess and develop an advanced understanding of the way in which different jurisdictions balance the moral and political values underpinning human rights in selected human rights cases.
  • Resolve human rights dilemmas through a sophisticated application relevant theoretical approaches.
  • Communicate an advanced understanding of the subject and defend your views both orally and in clearly written, well reasoned and well structured arguments.

General Assessment Information

Detailed marking rubrics will be made available on iLearn. All Fail papers are double marked. 

Please note that unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply – two (2) marks out of 100 will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted more than seven (7) days (incl. weekends) after the original submission deadline. 

Assessment Tasks

Name Weighting Hurdle Due
Class Participation 20% No On Campus Session
Assignment 1 25% No Thursday 29 March (12pm noon)
Assignment 2 55% No Friday 8 June (12pm noon)

Class Participation

Due: On Campus Session
Weighting: 20%

It is expected that students will have read all the required readings for each week and will come to classes prepared to discuss the tutorial questions set for that week. CP marks will be based on the quality of contributions to discussion and, where relevant, the frequency of contributions; evidence of preparation for the tutorials; and performance in specific tasks set by the tutor (for instance, group work). Attendance alone will not attract any marks. 

All JD students are required to attend both days of the on campus session. 

A failure to meet these requirements will lead to a mark of zero for CP unless; a) the student provides a valid reason for non-attendance, b) provides appropriate documentation AND c) submits work in lieu of the on campus session. 


On successful completion you will be able to:
  • Develop an advanced understanding of the philosophical foundations of the idea of human rights.
  • Develop an advanced knowledge of the the different ways in which human rights are protected against legislative infringement in a variety of jurisdictions.
  • Identify and evaluate the advantages and disadvantages of the different forms of rights protection.
  • Critically analyse the moral and political values that underpin a range of human rights.
  • Critically assess and develop an advanced understanding of the way in which different jurisdictions balance the moral and political values underpinning human rights in selected human rights cases.
  • Resolve human rights dilemmas through a sophisticated application relevant theoretical approaches.
  • Communicate an advanced understanding of the subject and defend your views both orally and in clearly written, well reasoned and well structured arguments.

Assignment 1

Due: Thursday 29 March (12pm noon)
Weighting: 25%

This task requires students to prepare an annotated bibliography of eight (8) sources that are relevant to the research topic they have chosen for their final paper. Students will be required to identify eight relevant sources, provide a brief description and some analysis of the content of the source and evaluate it in terms of its relevance to the research topic. 

The word limit is 2000 words. 

The work must be submitted via Turnitin. 

Unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply – two (2) marks out of 100 will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted more than seven (7) days (incl. weekends) after the original submission deadline. 


On successful completion you will be able to:
  • Develop an advanced understanding of the philosophical foundations of the idea of human rights.
  • Develop an advanced knowledge of the the different ways in which human rights are protected against legislative infringement in a variety of jurisdictions.
  • Identify and evaluate the advantages and disadvantages of the different forms of rights protection.
  • Communicate an advanced understanding of the subject and defend your views both orally and in clearly written, well reasoned and well structured arguments.

Assignment 2

Due: Friday 8 June (12pm noon)
Weighting: 55%

This task requires students to use a relevant theoretical approach to resolve a human rights issue. 

The paper requires the student to conduct independent research. 

The word limit is 5000 words (excluding footnotes).  

The work must be submitted via Turnitin. 

Unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply – two (2) marks out of 100 will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted more than seven (7) days (incl. weekends) after the original submission deadline. 


On successful completion you will be able to:
  • Critically analyse the moral and political values that underpin a range of human rights.
  • Critically assess and develop an advanced understanding of the way in which different jurisdictions balance the moral and political values underpinning human rights in selected human rights cases.
  • Resolve human rights dilemmas through a sophisticated application relevant theoretical approaches.
  • Communicate an advanced understanding of the subject and defend your views both orally and in clearly written, well reasoned and well structured arguments.

Delivery and Resources

Technology The unit will use iLearn and ECHO lectures. Students will be required to use a computer to interact with online research databases and web-based research tools.

Lectures

Each lecture is delivered online in two parts (A and B) (approximately 100 minutes per week), except where otherwise indicated. 

On Campus Session (All JD Students)

All JD students (Internal/External) must attend both dates of the On Campus Session (OCS). OCS is scheduled on Saturday 28 and Sunday 29 April 2018. Exemption will only be granted in exceptional circumstances and subject to the provision of appropriate documentation and work in lieu. Failure to submit work in lieu will lead to a mark of zero for class participation.

Learning and Teaching Strategy

The unit is taught by online lectures and an intensive On Campus Session (OCS). The lectures will provide an introduction to the theoretical readings. The OCS will mainly be focused on using the theoretical readings to evaluate the reasoning in selected legal cases.

Questions for each topic and a list of the required readings for each week are available on iLearn. These questions will be explored in the OCS but students are advised to prepare in advance of the OCS and to do the readings and work on the tutorial questions throughout the semester.

Readings

Readings are available via the Library website and can easily be accessed via multi search by typing in the Unit course code.

Where students are required to only read extracts from the readings, the relevant pages or sections are indicated on iLearn.

Unit Schedule

Week Week Starts Lecture Schedule of Topics Readings and assignments
1 26 February Basic Concepts  Basic Concepts Please see iLearn for weekly readings
2 5 March Rights Protection  Legal mechanisms for protecting rights  
3 12 March Free Speech Theory Free Speech Theory  
4 19 March Free Speech Issues  Free Speech Issues  
5 26 March Non-Discrimination  Non-Discrimination Assignment due Thursday 29 March (12 pm noon)
6 2 April Affirmative Action Affirmative Action  
7 9 April Privacy and Paternalism  Privacy and Paternalism  
Mid-semester break     On Campus Session Saturday 28 and Sunday 29 April 9-4pm  
8 30 April State and religion relations State and religion relations  
9 7 May Faith, culture and gender  Faith, culture and gender  
10 14 May Anti-terrorism Law Anti-terrorism Law  
11 21 May Human Rights and Criminal Law Human Rights and Criminal Law  
12 28 May Socio-economic rights Socio-economic rights  
13 4 June No Lecture   Assignment due Friday 8 June (12 pm noon)

 

 

 

Policies and Procedures

Macquarie University policies and procedures are accessible from Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central). Students should be aware of the following policies in particular with regard to Learning and Teaching:

Undergraduate students seeking more policy resources can visit the Student Policy Gateway (https://students.mq.edu.au/support/study/student-policy-gateway). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.

If you would like to see all the policies relevant to Learning and Teaching visit Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central).

Student Code of Conduct

Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/study/getting-started/student-conduct​

Results

Results shown in iLearn, or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au.

Student Support

Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/

Learning Skills

Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.

Student Services and Support

Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.

Student Enquiries

For all student enquiries, visit Student Connect at ask.mq.edu.au

IT Help

For help with University computer systems and technology, visit http://www.mq.edu.au/about_us/offices_and_units/information_technology/help/

When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.

Graduate Capabilities

PG - Discipline Knowledge and Skills

Our postgraduates will be able to demonstrate a significantly enhanced depth and breadth of knowledge, scholarly understanding, and specific subject content knowledge in their chosen fields.

This graduate capability is supported by:

Learning outcomes

  • Develop an advanced understanding of the philosophical foundations of the idea of human rights.
  • Develop an advanced knowledge of the the different ways in which human rights are protected against legislative infringement in a variety of jurisdictions.
  • Identify and evaluate the advantages and disadvantages of the different forms of rights protection.
  • Critically analyse the moral and political values that underpin a range of human rights.
  • Critically assess and develop an advanced understanding of the way in which different jurisdictions balance the moral and political values underpinning human rights in selected human rights cases.
  • Resolve human rights dilemmas through a sophisticated application relevant theoretical approaches.

Assessment tasks

  • Class Participation
  • Assignment 1
  • Assignment 2

PG - Critical, Analytical and Integrative Thinking

Our postgraduates will be capable of utilising and reflecting on prior knowledge and experience, of applying higher level critical thinking skills, and of integrating and synthesising learning and knowledge from a range of sources and environments. A characteristic of this form of thinking is the generation of new, professionally oriented knowledge through personal or group-based critique of practice and theory.

This graduate capability is supported by:

Learning outcomes

  • Develop an advanced understanding of the philosophical foundations of the idea of human rights.
  • Identify and evaluate the advantages and disadvantages of the different forms of rights protection.
  • Critically analyse the moral and political values that underpin a range of human rights.
  • Critically assess and develop an advanced understanding of the way in which different jurisdictions balance the moral and political values underpinning human rights in selected human rights cases.
  • Resolve human rights dilemmas through a sophisticated application relevant theoretical approaches.
  • Communicate an advanced understanding of the subject and defend your views both orally and in clearly written, well reasoned and well structured arguments.

Assessment tasks

  • Class Participation
  • Assignment 1
  • Assignment 2

PG - Research and Problem Solving Capability

Our postgraduates will be capable of systematic enquiry; able to use research skills to create new knowledge that can be applied to real world issues, or contribute to a field of study or practice to enhance society. They will be capable of creative questioning, problem finding and problem solving.

This graduate capability is supported by:

Learning outcomes

  • Identify and evaluate the advantages and disadvantages of the different forms of rights protection.
  • Resolve human rights dilemmas through a sophisticated application relevant theoretical approaches.

Assessment tasks

  • Class Participation
  • Assignment 2

PG - Effective Communication

Our postgraduates will be able to communicate effectively and convey their views to different social, cultural, and professional audiences. They will be able to use a variety of technologically supported media to communicate with empathy using a range of written, spoken or visual formats.

This graduate capability is supported by:

Learning outcome

  • Communicate an advanced understanding of the subject and defend your views both orally and in clearly written, well reasoned and well structured arguments.

Assessment tasks

  • Class Participation
  • Assignment 1
  • Assignment 2

PG - Engaged and Responsible, Active and Ethical Citizens

Our postgraduates will be ethically aware and capable of confident transformative action in relation to their professional responsibilities and the wider community. They will have a sense of connectedness with others and country and have a sense of mutual obligation. They will be able to appreciate the impact of their professional roles for social justice and inclusion related to national and global issues

This graduate capability is supported by:

Learning outcomes

  • Critically analyse the moral and political values that underpin a range of human rights.
  • Resolve human rights dilemmas through a sophisticated application relevant theoretical approaches.

Assessment tasks

  • Class Participation
  • Assignment 2

Changes from Previous Offering

LAW 894 is offered in Block Format for internal JD students. This means both internal and external JD students will attend an intensive On Campus Session on Saturday 28 and Sunday 29 April.  A schedule of topics covered throughout the course is provided in advance to JD students. All lectures will be delivered online in two parts (A & B), except where indicated otherwise.

Changes since First Published

Date Description
21/02/2018 Dear Lise, I have updated the dates of the On Campus Session to reflect changes unforeseen by timetabling. Thanks, Amy