Unit convenor and teaching staff | Unit convenor and teaching staff |
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Credit points |
Credit points
3
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Prerequisites |
Prerequisites
(24cp in LAW or LAWS units) or (39cp at 100 level or above including LAWS260)
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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 key areas where law and various religious traditions intersect. A major theme in the unit relates to constitutional law principles concerning separation of church and state, and free exercise of religious belief and the issues surrounding multicultural accommodation of religions in Australia. This involves an inquiry into different religions such as Christianity, Islam and Buddhism. In the context of these religions the course examines religion and war, religion and the environment, animal welfare, terrorism, issues surrounding sexuality, and religion and capitalism.
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Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
On successful completion of this unit, you will be able to:
General Assessment Information
Extensions and penalties.
“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. No late submissions will be accepted for timed assessments – e.g. quizzes, online tests.”
Name | Weighting | Hurdle | Due |
---|---|---|---|
Research Essay: Assessment 1 | 40% | No | 17/09/2019 5pm |
Research Essay: Assessment 2 | 40% | No | 10/11/2019 5pm |
Active Participation | 20% | No | Weekly |
Due: 17/09/2019 5pm
Weighting: 40%
Students are required to submit a research paper of 2,500 words.
The list of potential topics and questions will be posted on iLearn.
A marking rubric outlining the grading criteria will be available on iLearn.
Requests for extensions due to special consideration are made via Ask.mq with supporting documentation. Any assignments submitted after the due date without an approved application for special consideration will attract a late penalty in accordance with Faculty Policy. After 7 days, no late papers will be accepted.
Due: 10/11/2019 5pm
Weighting: 40%
Assessment 2 Task 2
The topic for the research paper will be available on iLearn from 1st November.
Students are required to submit a research paper of 2,500 words.
A marking rubric outlining the grading criteria will be available on iLearn.
Requests for extensions due to special consideration are made via Ask.mq with supporting documentation. Any assignments submitted after the due date without an approved application for special consideration will attract a late penalty in accordance with Faculty Policy. After 7 days, no late papers will be accepted.
Due: Weekly
Weighting: 20%
Substantive requirements in relation to class participation 10%
Students will be assessed on the basis of their knowledge, understanding and ability to critically evaluate the weekly readings and contribute to the discussion of questions set in relation to these readings. To fulfil these criteria students will be expected to contribute to class discussions in the weekly seminars.
Participation through weekly answers to the tutorial problems 10%
Students will be required to submit weekly responses to tutorial questions.
Full details of the weekly questions will be provided on iLearn.
A grading rubric for participation will be available on iLearn
The course will consist of a series of lectures and weekly tutorials. Lectures will be pre-recorded.
Course readings will be available via Leganto.
The unit schedule contains weekly readings and questions. Students must prepare a brief written attempt at answering all of the week’s questions, maximum total 2, A4 pages
Unit Schedules
WEEK ONE, THE ROLE OF RELIGION AND ITS IMPORTANCE
NO TUTORIAL IN WEEK ONE
WEEK TWO WHAT IS RELIGION AND DOES IT REQUIRE SPECIAL PROTECTION?
Readings
M. Evans ‘Religious Freedom: The Australian Context’, in M. Evans Legal Protection of Religious Freedom, Federation Press, 1-15.
Readings and Tutorial Questions – (Some Material for this tutorial was covered by the previous lecture)
WEEK THREE, LOCKE AND RELIGIOUS FREEDOM
Readings
‘Toleration’, Stanford Encyclopaedia of Philosophy- available on line
J.Locke, ‘A Letter Concerning Toleration’, in J Gough The Second Treatise of Civil Government and a Letter Concerning Toleration, Blackwell Oxford 1946, 123,126-137-139, 145-147, 154-158.
J. Waldron, ‘Lo>http://www.smh.com.au/national/free-speech-appeal-fails-over-critical-letters-to-diggers-20130227-2f66g.html.
Read Monis v The Queen [2013] HCA 4 (27 February 2013) available
from > http://www.austlii.edu.au/. Do you agree with the conclusion?
WEEK FOUR, CAN RELIGION BE DEFINED
Readings
R. Ahdar and I. Leigh, ‘The Religious versus the Secular: The Problem of Defining ‘Religion’ in R. Ahdar and I. Leigh Religious Freedom in the Liberal State , Oxford University Press 110-125
B.Leiter, ‘Why To Tolerate Religion?’ available on line from Social Science Research Network
F.Gedicks, ‘An Unfirm Foundation: The Regrettable Indefensibility of Religious Exemption’ 20 UALR LJ (1998) 81-95.
R.Dworkin Religion and Dignity in Is Democracy Possible Here Princeton, 53-89.
Discussion Questions
What are the difficulties attached to defining religion in a legal context?
2. Discuss Dworkin’s distinction between a tolerant religious nation and a tolerant secular state. Why does Dworkin find the latter model more attractive? Do you agree?
3. Why does Leiter think that there is no credible principled argument for tolerating religion qua religion? Do you agree?
4. Why does Gedicks think that differential treatment of religiously and morally motivated practice cannot be justified? Do you agree
WEEK FIVE, THE INTERPRETATION OF RELIGIONS AND FOREGIVENESS
The Conflict of Interpretations, in Belsky, Law and Theology, 9-22.
Samuel J. Levine, Jewish Legal Theory and American Constitutional Theory: Some Comparisons and Contrasts, 24 Hastings Const. L.Q. 441, 478-501 (1997).
Sanford Levinson, On Interpretation: The Adultery Clause of the Ten Commandments, 58 S. Cal. L. Rev. 719 (1985).
‘Interpretation : Stanford Encyclopedia of Philosophy available on line.
C. Fishman, Old Testament Justice, 51 Catholic U. L. Rev. 405 (2002).
J.Hall, Biblical Atonement and Modern Criminal Law, 1, J.L. & Religion 279 (1983).
D. Horigan, Of Compassion and Capital Punishment: A Buddhist Perspective on the Death Penalty, 41 Am. J. Juris. 271 (1996).
K.L. Seshagiri Rao, Practitioners of Hindu Law: Ancient and Modern, 66 Fordham L.Review. 1185 (1998).
L. Rocher, Hindu Conceptions of Law, 29 Hastings L.J. 1283 (1978).
Luke T. Lee & Whalen W. Lai, The Chinese Conceptions of Law: Confucian, Legalist, and Buddhist, 29 Hastings L.J. 1307 (1978).
P. Ingram & David R. Loy, The Self and Suffering: A Buddhist-Christian Conversation, 44 Dialog 98 (2005).
A. Thurschwell, Ethical Exception; Capital Punishment in the Figure of Sovereignty available in Social Science Research Network
J. Braithwaite ‘What’s wrong with the Sociology of Punishment, Theoretical Criminology (2003) 81-105.
B. Clarke Law, religion and violence: a human rights-based response to punishment of apostasy Adelaide Law Review, 30, 1, 2009, 111-147
Discussion Question for Tutorial
1 Read the Levinson article and answer the questions, 1-5 on pages 216-217 of the article.
2 Make an assessment on the validity of religious reasons for punishment by the law. Students should refer to two out of the three major religions, namely Islam, Christianity or Buddhism.
3 What is forgiveness? Are all definitions of forgiveness culturally relative? When is it possible to speak of it in universal terms? Who can grant forgiveness? What is the nature self-forgiveness? Is there a Marxist notion of forgiveness? Is there a difference between secular and religious notions of forgiveness? Can states forgive?
WEEK SIX, RELIGION WAR AND VIOLENCE
‘War’ in Stanford Encyclopedia of Philosophy- available on line.
J.Yoo ‘Using Force’ 71 Chicago Law Review(2003) 729-797.
K.Ferzan ‘Defending Imminence Arizona Law Review (2004)214-262.
Buddhism and Law Encyclopedia of Religion and War ed G. Palmer- Fernanez Routledge 290-299.
M Rigstad, ://www.justwartheory.com/ (material under the headings ‘Introductory Materials’ and ‘Classic Sources’);
H Zawati, Is Jihad a Just War? Edwin Mellen Press, 2001, Chapter 1, 9 – 47.
G Weigel, ‘The Development of Just War Thinking in the Post-Cold War World: an American Perspective’ in Charles Reed & David Ryall (eds), The Price of Peace: Just War in the Twenty-First Century 19 – 36.
Mohammad Taghi Karoubi, Just or Unjust War?, Ashgate, 2004, Chapter 5, ‘Just or Unjust War? International Law and Unilateral Use of Armed Force by States at the Turn of the 20th Century’ 151 – 233.
Tutorial questions
1. In a 2003 interview, Jacques Chirac, President of France at that time, affirmed that President George W. Bush asked him to send troops to Iraq to stop Gog and Magog, the "Bible’s satanic agents of the Apocalypse." According to Chirac, the American leader appealed to their “common faith” (Christianity) and told him: “Gog and Magog are at work in the Middle East…. The biblical prophecies are being fulfilled…. This confrontation is willed by God, who wants to use this conflict to erase his people’s enemies before a New Age begins
(Quote from ) http://en.wikipedia.org/wiki/Rationale_for_the_Iraq_War#Divine_inspiration
Consider to what extent the Iraq war is a religious war?
To answer this question please research outside of the materials
2. 2 Is the death penalty justified? Is it an effective deterrent? A just retribution for horrendous crimes? Or a racist, classist form of state-sanctioned murder?
WEEK SEVEN, BUDDHIST ETHICS AND HUMAN RIGHTS
D. Philpott, Religion, Reconciliation, and Transitional Justice:
The State of the Field’, available at httptp://kroc.nd.edu/sites/default/files/workingpaperphilpott.pdf
D.Philpott, (2007). ‘What Religion Brings to the Politics of Transitional Justice’ Journal of International Affairs 61(1): 93-110.
T.Bartholomeusz In Defence of Dharma. Just War Ideology in Buddhist Sri Lanka, Routledge 2001.
A further reading to be supplied as regards Nepal as the situation develops there. See http://ictj.org/about/transitional-justice
Discussion Questions.
1. Is the rational given by Sri Lanka for a ‘just war’ convincing? (students might like to see D. Keown ‘Some problems with particularism’ in Journal of Buddhist Ethics 20, 2013 – on line.
Consider the case made for ‘moral particularism’ made by Keown in the above article. Does Buddhism have a different form of reasoning than that in western philosophy?
WEEK EIGHT, THE SOCIAL AND LEGAL BACKGROUND OF EARLY BUDDHISM AND THE DEVELOPMENT OF THE RULES FOR BUDDHIST MONKS
Readings
G.Omvedt ‘The Background to Buddhism’ in Buddhism in in India Sage, 1-32. Read as background.
David DeMoss (2011) ‘Empty and Extended Craving: An Application of the Extended Mind Thesis to the Four Noble Truths’ , Contemporary Buddhism ,12, 2, 310, from journal search from library.
Tapas Aich (2013) Buddha Philosophy and Western Psychology’ Indian Journal of Psychiatry 55 ( supplement 2) 165, from journal search from library.
Discussion Questions
2. Is Buddhism a philosophy or religion?
WEEK NINE, THE RULES OF BUDDHIST MONKS
Readings
Voyce ‘The Communal Discipline of the Buddhist Order of Monks: The Sanction of the Vinaya Pitaka’, American Journal of Jurisprudence, 29 (1984) 123-150.
Voyce 'The Legal Authority of Buddha over the Buddhist Order of Monks', Journal of Law and Religion, 1, 2 (1983) 307-323.
Malcolm Voyce ‘From Ethics to Aesthetics: A Reconsideration of Buddhist Monastic Rules in the Light of Michel Foucault’ |
In Contemporary Buddhism 2015, pages 1-30. |
Discussion Questions
1.What was the role of confession in the Vinaya? Are the ideas of Bataille and his notions on transgression appropriate in the context of the Vinaya?
2. What is the role of beauty in Theravada Buddhism and to what degree does it assist mental cultivation?
3 What is the role of the Vinaya? Should we consider it a legal text? Were the rules generalizations for all occasions or just rules for particular instances?
WEEK TEN, ISLAMIC LAW
Readings
J. Eposito‘Introduction to Islamic Law’ in J. Esposito Islamic Society, 1-27.
J. Hussain, ‘Family Law and Muslim Communities’in Islam: Its Law and Society Federation Press 28-45-87.
Discussion Questions
What are the sources of Islamic law? What is the role of the Sharia? What are the rules as regards family life as regards divorce and inheritance?
WEEK ELEVEN, SHARIA LAW AND HUMAN RIGHTS
Readings
An-Na’im. (2006). ‘Why should Muslims abandon Jihad? Human rights and the future of international law.’ Third World Quarterly 27(5): 785-797.
H. Bielefeldt (2000). ‘Western” versus “Islamic” Human Rights Conceptions?: A Critique of Cultural Essentialism in the Discussion on Human Rights, Political Theory 28(1): 90-121
Discussion Questions
How do western and Islamic legal rights differ? What is the role of the individual in these traditions? Consider the issue over religious dress. Formulate your position on this issue.
WEEK TWELVE, SHARIA LAW: SHOULD IT BE ADOPTED IN AUSTRALIA
Yilmaz, ‘Law as Chameleon: The Question of Incorporation of Muslim Personal Law into English Law’ Journal of Muslim Minority Affairs 2001 21, 2.
‘Group Rights’ Stanford Encyclopedia of Philosophy , on line
Sayad ‘The Accommodation of Minority Customs in Sweden’, European Journal of Law Reform 2010, 12, 319, available from journal search.
Doppelt ‘Illiberal Cultures and Group Rights’ 12, Journal of Contemporary Legal Issues, 2001-2, 661, available from multi- search in library.
Discussion question
2 Should sharia law be adopted in Australia?
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