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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.

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.

On successful completion of this course students should be able to:

1. 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);
2. 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);
3. 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);
4. 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);
5. communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences (PO/TLO 5).