| Semester 3, 2021 Online | |
| Short Description: | Law and Religion |
| Units : | 1 |
| Faculty or Section : | Faculty of Business, Education, Law and Arts |
| School or Department : | School of Law and Justice |
| Student contribution band : | Band 4 |
| ASCED code : | 090999 - Law not elsewhere classified |
| Grading basis : | Graded |
Staffing
Examiner:
Requisites
Pre-requisite or Co-requisite: LAW2211 or LAW5211
Rationale
The interrelationship of law and religion has deep historical roots, and one cannot fully understand the one without understanding the other. Law shapes the institutional organizational arrangement of religious groups, sets limits on their activities, and carves out a protected space for their activities. Religion influences the type of government a country adopts as well as the content of the laws it enacts and the goals it tries to achieve. Today, many of the most pressing issues facing western democracies like Australia is how to navigate the tension between liberal values of freedom and autonomy and religious values derived from revelation and tradition. The School of Law and Justice has a strong concentration of law and religion scholars, and is well-poised to deliver students the basic knowledge necessary to understand and navigate these tensions.
Synopsis
The primary aim of this course is to familiarise students with the twin liberal democratic norms of freedom of religion and separation of church and state. This will be accomplished through an exploration of concepts like toleration, pluralism, accommodation, and secularism. Australian constitutional and statutory law will be examined to prepare students for issues they may encounter in legal practice. In addition, students will be exposed to current and pressing issues in the field of law and religion, such as the ethical responsibilities of religious lawyers, the human rights protections afforded religious minorities, and the complexities of private systems of religious law. Course material will be delivered through extensive readings, guest speakers, and classroom discussion. Assessment will be through reflective responses on key course themes.
Objectives
On successful completion of this course students should be able to:
- demonstrate an understanding [explain and apply] of a coherent body of knowledge of the law relating to religion in Australia and its underlying constitutional principles of secular governance and religious freedom, and the religious contexts in which legal issues arise (PO/TLO 1);
- demonstrate an understanding [explain and apply] of a coherent body of knowledge of religious legal systems and underlying religious principles and concepts (PO/TLO 1);
- identify and articulate legal issues relating to religion and religious legal systems, apply legal reasoning and research to generate appropriate responses to legal issues relating to religion and religious legal systems, and engage in critical analysis of legal issues relating to religion and religious legal systems (PO/TLO 3);
- demonstrate the intellectual and practical skills needed to identify, research in an ethical manner, evaluate and synthesise relevant factual, legal and policy issues relating to religion and religious legal systems (PO/TLO 4);
- communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences (PO/TLO 5).
Topics
| Description | Weighting(%) | |
|---|---|---|
| 1. | Key concepts in law and religion | 10.00 |
| 2. | Religious influences on law historically | 10.00 |
| 3. | Freedom of religion | 15.00 |
| 4. | State neutrality | 15.00 |
| 5. | Equality and discrimination | 10.00 |
| 6. | Section 116 of the Australian Constitution | 10.00 |
| 7. | Religious legal systems | 20.00 |
| 8. | Religion and professional ethics | 10.00 |
Text and Materials
ALL textbooks and materials available to be purchased can be sourced from (unless otherwise stated). (https://omnia.usq.edu.au/textbooks/?year=2021&sem=03&subject1=LAW3482)
Please for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)
Reference Materials
Student Workload Expectations
| Activity | Hours |
|---|---|
| Assessments | 39.00 |
| Directed Study | 82.00 |
| Private Study | 44.00 |
Assessment Details
| Description | Marks out of | Wtg (%) | Due Date | Notes |
|---|---|---|---|---|
| REFLECTIVE READING 1 | 20 | 20 | 08 Dec 2021 | |
| REFLECTIVE READING 2 | 20 | 20 | 29 Dec 2021 | |
| REFLECTIVE READING 3 | 20 | 20 | 19 Jan 2022 | |
| RESEARCH PAPER | 40 | 40 | 11 Feb 2022 |
Important assessment information
-
Attendance requirements:
It is the students' responsibility to attend and participate appropriately in all activities scheduled for them, and to study all material provided to them or required to be accessed by them, to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration. -
Requirements for students to complete each assessment item satisfactorily:
To satisfactorily complete an individual assessment item a student must achieve at least 50% -
Penalties for late submission of required work:
Students should refer to the Assessment Procedure (point 4.2.4) -
Requirements for student to be awarded a passing grade in the course:
To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course. -
Method used to combine assessment results to attain final grade:
The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the summative items for the course. -
Examination information:
There is no examination in this course. -
Examination period when Deferred/Supplementary examinations will be held:
Deferred and Supplementary examinations will be held in accordance with the Assessment Procedure . -
University Student Policies:
Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene University policies and practices. These policies can be found at .
Assessment Notes
-
Referencing in assignments must comply with the Australian Guide to Legal Citation (ALGC) referencing system. This system should be used by students to format details of the information sources they have cited in their work. The AGLC style to be used is defined by the USQ library’s referencing guide. This guide can be found at .
Evaluation and Benchmarking
In meeting the University’s aims to establish quality learning and teaching for all programs, this course monitors and ensures quality assurance and improvements in at least two ways. This course:
- conforms to the USQ Policy on Evaluation of Teaching, Courses and Programs to ensure ongoing monitoring and systematic improvement.
- forms part of the Bachelor of Laws and is benchmarked against the internal USQ accreditation/reaccreditation processes which include (i) stringent standards in the independent accreditation of its academic programs, (ii) close integration between business and academic planning, and (iii) regular and rigorous review.