Students
LAW 894 – Human Rights and Moral Dilemmas
2019 – S1 Block
General Information
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| Unit convenor and teaching staff |
Unit convenor and teaching staff
Amy Barrow
Contact via via email
6 First Walk 522
Wednesdays 2-3pm
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| Credit points |
Credit points
4
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| 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)
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| Corequisites |
Corequisites
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| Co-badged status |
Co-badged status
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| 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.
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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 26-27 April |
| Annotated Bibliography | 25% | No | Friday 29 March (4pm) |
| Research Paper | 55% | No | Friday 7 June (4pm) |
Class Participation
Due: On Campus Session 26-27 April
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. Participation 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 perfomance in specific tasks set by the tutor ) for instance, group work). Attendance alone will not attract any marks.
All 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 participation unless; a) the student applies for special consideration and 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.
Annotated Bibliography
Due: Friday 29 March (4pm)
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 assigment 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.
- 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.
Research Paper
Due: Friday 7 June (4pm)
Weighting: 55%
This task requires students to use a relevant theoretical approach to explore 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 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.
- 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 iLearm 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 students)
All students (Internal/External) must attend both dates of the On Campus Session (OCS). OCS is scheduled on Friday 26 and Saturday 27 April 2019. 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 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 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 Leganto, which can be accessed through the iLearn site. Where students are required to only read extracts from the readings, the relevant pages are indicated in Leganto.
Unit Schedule
| Week | Week Starts | Lecture | Readings, Assignments, On Campus Session |
| 1 | 25 February | Basic Concepts | Please see Leganto link to unit readings on iLearn site for LAW894 |
| 2 | 4 March | Rights Protection | |
| 3 | 11 March | Free Speech Theory | |
| 4 | 18 March | Free Speech Issues | |
| 5 | 25 March | Non-Discrimination | Annotated bibliography due Friday 29 March (4pm) via Turnitin |
| 6 | 1 April | Affirmative Action | |
| 7 | 8 April | Privacy and Paternalism | |
| Mid-semester break | On Campus Session Friday 26 and Saturday 27 April 2019 (9am-4pm) | ||
| 8 | 29 April | State and religion relations | |
| 9 | 6 May | Faith, culture and gender | |
| 10 | 13 May | Anti-terrorism Law | |
| 11 | 20 May | Human Rights and Criminal Law | |
| 12 | 27 May | Socio-economic rights | |
| 13 | 3 June | No lecture | Research paper due Friday 7 June (4pm) via Turnitin |
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:
- Academic Appeals Policy
- Academic Integrity Policy
- Academic Progression Policy
- Assessment Policy
- Fitness to Practice Procedure
- Grade Appeal Policy
- Complaint Management Procedure for Students and Members of the Public
- Special Consideration Policy (Note: The Special Consideration Policy is effective from 4 December 2017 and replaces the Disruption to Studies Policy.)
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 published on platform other than eStudent, (eg. iLearn, Coursera etc.) 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 or if you are a Global MBA student contact globalmba.support@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
If you are a Global MBA student contact globalmba.support@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
- Annotated Bibliography
- Research Paper
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
- Annotated Bibliography
- Research Paper
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
- Research Paper
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
- Annotated Bibliography
- Research Paper
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
- Research Paper