HERITAGE LAW

LAW3HER

Not currently offered

Credit points: 15

This subject addresses La Trobe's Sustainability Thinking Essential. Sustainability Thinking entails deep appreciation of how the choices we make affects the natural, economic, social, political and cultural systems — now and in the future.

Subject outline

Heritage law is intended to protect and preserve natural, cultural and historical heritage and to make it available to the community.  In this subject we will consider Australian local, state and national policy and law governing protection of indigenous and post-contact heritage.  We will place Australian law in its international context, both as a matter of policy and to determine the Constitutional foundation for federal regulation in this area.  We will then analyse substantive national and state laws protecting indigenous heritage.  Using both case study and documentary critique we will analyse whether the protections afforded by these laws comply with international obligations and provide appropriate protection for indigenous heritage.  We will also consider post-contact heritage at local, state and federal level.

We will use a variety of presentation media to communicate the policy reasons for protection of heritage and the potential for heritage protection to disrupt other interests and lead to conflict.  We will consider the variety of policy formation, consultation and conflict resolution techniques used in this field.

SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorFrancine Rochford

Available to Study Abroad StudentsYes

Subject year levelYear Level 3 - UG

Exchange StudentsYes

Subject particulars

Subject rules

Prerequisites Students enrolled in LVLGE, LVLGEB, LVLUE, LVLUEB, LWLAT, LWLATB, LWLBUSB, LWLINT, LWLMC, LWLPSB, LWLSC, LWLSCB, LBCOML must have completed LAW1LIM Legal Institutions and Methods and LAW2TOT Principles of Tort Law, or may enrol with permission of the subject co-ordinator. Students enrolled in other degrees must have competed at least 30 credit points in their degrees to enrol in this subject, or may enrol with permission of the subject co-ordinators

Co-requisitesN/A

Incompatible subjectsN/A

Equivalent subjectsN/A

Special conditionsN/A

Readings

Resource TypeTitleResource RequirementAuthor and YearPublisher
ReadingsVariousPrescribedVariousVarious
MediaKey Concept PresentationsPrescribedFrancine RochfordLa Trobe
MediaExpert PresentationsPrescribedVariousVarious

Graduate capabilities & intended learning outcomes

01. Identify and discuss the common law and legislation relevant to the protection of natural, cultural and historical heritage in Australia

Activities:
Online Key Concept Presentations setting out the law Prescribed reading Online quizzes Problem solving and advice assessments
Related graduate capabilities and elements:
Literacies and Communication Skills (Writing,Cultural Literacy)
Literacies and Communication Skills (Writing,Cultural Literacy)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Personal and Professional Skills (Autonomy and independence,Ethical behaviour,Study and Learning Skills)
Personal and Professional Skills (Autonomy and independence,Ethical behaviour,Study and Learning Skills)
Discipline -Specific Knowledge and Skills (Discipline-Specific Knowledge and Skills)

02. Apply relevant legal principles to a problem raised in a given fact situation

Activities:
Online problem solving presentations Online research and writing presentations Online tutorials Prescribed readings Online quizzes Problem solving and advice assessment
Related graduate capabilities and elements:
Literacies and Communication Skills (Writing,Cultural Literacy)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Personal and Professional Skills (Autonomy and independence,Ethical behaviour,Study and Learning Skills)
Personal and Professional Skills (Autonomy and independence,Ethical behaviour,Study and Learning Skills)
Discipline -Specific Knowledge and Skills (Discipline-Specific Knowledge and Skills)

03. Compose and communicate a response to a problem in an appropriate style and tone

Activities:
Online tutorials Online research and writing presentations
Related graduate capabilities and elements:
Literacies and Communication Skills (Writing,Cultural Literacy)
Literacies and Communication Skills (Writing,Cultural Literacy)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Personal and Professional Skills (Autonomy and independence,Ethical behaviour,Study and Learning Skills)
Discipline -Specific Knowledge and Skills (Discipline-Specific Knowledge and Skills)

04. Describe, analyse and critique the policy framework for protection of natural, cultural and historical heritage in Australia, demonstrating a capacity to reflect on the interaction between natural, economic, social, political and cultural systems

Activities:
Online tutorials Online presentations by policy makers, advisors and practitioners Prescribed reading Research assessment
Related graduate capabilities and elements:
Literacies and Communication Skills (Writing,Cultural Literacy)
Literacies and Communication Skills (Writing,Cultural Literacy)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Personal and Professional Skills (Autonomy and independence,Ethical behaviour,Study and Learning Skills)
Personal and Professional Skills (Autonomy and independence,Ethical behaviour,Study and Learning Skills)
Personal and Professional Skills (Autonomy and independence,Ethical behaviour,Study and Learning Skills)
Discipline -Specific Knowledge and Skills (Discipline-Specific Knowledge and Skills)

05. Describe and analyse the use of heritage protection as a mechanism for fulfilling intergenerational obligations and forwarding the public good.

Activities:
Online tutorials Online presentations by policy makers, advisors and practitioners Prescribed reading Research assessment
Related graduate capabilities and elements:
Literacies and Communication Skills (Writing,Cultural Literacy)
Literacies and Communication Skills (Writing,Cultural Literacy)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Personal and Professional Skills (Autonomy and independence,Ethical behaviour,Study and Learning Skills)
Personal and Professional Skills (Autonomy and independence,Ethical behaviour,Study and Learning Skills)
Personal and Professional Skills (Autonomy and independence,Ethical behaviour,Study and Learning Skills)
Discipline -Specific Knowledge and Skills (Discipline-Specific Knowledge and Skills)

Subject options

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