76058 Discrimination and the Law

Requisite(s): 70311 Law of Torts

There are also course requisites for this subject. See access conditions.

This subject provides, promotes and facilitates an understanding of discrimination and the law from several perspectives. Discrimination is examined from broader perspectives, especially from philosophical, theoretical, political, historical and ethnographical points of view. For example, what do concepts such as 'equal before the law', 'equality', and 'egalitarian' mean and on what basis do we discriminate? What is 'difference' and why the antipathy to difference? Once an understanding of discrimination and its cognates (racism, prejudice) has been established, then the law itself will be examined for an understanding of what is discrimination, unlawful discrimination and the law's response to discrimination. A close reading of cases and legislation, together with their underlying concepts and principles, is discussed. A brief overview of processes and procedures is provided, thus enabling students to have sufficient knowledge for practice in their professional career. This subject is taught in seminar style with a focus on student participation in discussion and debate. Pedagogically, the subject will be run on an adapted student-centred learning model, i.e. students will do all the learning and the lecturer is a facilitator.