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2015

Law

Faculty of Law, Humanities and the Arts - Papers (Archive)

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Full-Text Articles in Arts and Humanities

Anzac And Protestant Sectarianism: The Case Of The Rev C T Forscutt, Gregory C. Melleuish Jan 2015

Anzac And Protestant Sectarianism: The Case Of The Rev C T Forscutt, Gregory C. Melleuish

Faculty of Law, Humanities and the Arts - Papers (Archive)

Why has Anzac captured the Australian national imagination? Is it a substitute for Christianity, a form of civil religion that binds the populace together in a common faith? Is it an expression of Australian nationalism in opposition to the attempts of the British to 'impose' an imperial ideal on Australia?


Australia's Constitution Works Because It Doesn't Define National Identity, Gregory C. Melleuish Jan 2015

Australia's Constitution Works Because It Doesn't Define National Identity, Gregory C. Melleuish

Faculty of Law, Humanities and the Arts - Papers (Archive)

When Australia’s Founding Fathers came together in the 1890s to draw up a constitution to enable the colonies to federate, what did they think they were doing? Looking at the debates and the Constitution itself, one thing is certain. They were not drawing up a document that defined what it means to be an Australian.

They were engaged in creating a document that would be acceptable to all parties and enshrined the political and legal principles which they had inherited from Great Britain. They looked to their British inheritance because they believed, quite correctly, that the (unwritten) British Constitution worked. …


Quick Fixes Aren't The Answer, Alcohol And Violence Have A Complex Relationship, Kate Seear, Julia Quilter, Luke J. Mcnamara, Robin Room Jan 2015

Quick Fixes Aren't The Answer, Alcohol And Violence Have A Complex Relationship, Kate Seear, Julia Quilter, Luke J. Mcnamara, Robin Room

Faculty of Law, Humanities and the Arts - Papers (Archive)

The NSW Sentencing Council is considering proposals to change the laws designed to address alcohol-related violence, including whether people who commit crimes while intoxicated should always be treated as more culpable when being sentenced. Like many attention-grabbing quick fixes to society’s ills, this is a really bad idea. If adopted, the reform could lead to even tougher sentences for crimes committed by people affected by alcohol. Although it’s tempting to think of such crimes as new problems requiring novel solutions, debates about the relationship between alcohol and violence, including how it should be dealt with by criminal laws, are anything …


Aerial Patrols Don't See All The Sharks, But They're Keeping People Safe, Duncan Leadbitter Jan 2015

Aerial Patrols Don't See All The Sharks, But They're Keeping People Safe, Duncan Leadbitter

Faculty of Law, Humanities and the Arts - Papers (Archive)

The recent series of shark bites on the north coast of New South Wales is a politician’s worst nightmare, as the government tries to balance public safety with protecting wildlife. In response NSW has stayed away from culling sharks and launched a new program, run through the Department of Primary Industries, Fisheries, to tag, track and monitor sharks. However, more research may not necessarily prove to be the answer because good research takes time and large resource allocations to deal with infrequent events – and politicians don’t have the luxury of time. Instead, we should look at programs that are …