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Full-Text Articles in Law
The Socratic Method As A Pedagogical Method In Legal Education, Lowell Bautista
The Socratic Method As A Pedagogical Method In Legal Education, Lowell Bautista
Faculty of Law, Humanities and the Arts - Papers (Archive)
The Socratic Method has been traditionally regarded as the core of legal pedagogy. It has come to define legal education for nearly two centuries and remains a potent influence on the method of instruction found in most modern law schools around the globe. In particular, the Socratic Method is almost universally acknowledged as the defining characteristic of the American legal education system. In fact, the Socratic Method is so entrenched in modern American legal pedagogy that it has been opined that ‘a law school just isn't a law school without the Socratic method.’ In the Australian context, the suggestion that …
Southeast Asia's Maritime Piracy: Challenges, Legal Instruments And A Way Forward, Ahmad Amri
Southeast Asia's Maritime Piracy: Challenges, Legal Instruments And A Way Forward, Ahmad Amri
Faculty of Law, Humanities and the Arts - Papers (Archive)
Piracy is considered a critical maritime security threat in Southeast Asia. Whilst piracy has always been a perennial problem in the region, this threat has received increasing attention over the past few years. Reports published by the International Maritime Organization as well as the International Maritime Bureau show an alarming increase in acts of piracy on Southeast Asian waters over the past decade. In ancient times, the main drivers of piracy were raiding for plunder and capture of slaves; however, in modern times, developments in politics, economics and even military technology have drastically altered the universal crime of piracy. There …
Engendering 'Rural' Practice: Women’S Lived Experience Of Legal Practice In Regional, Rural And Remote Communities In Queensland, Trish Mundy
Faculty of Law, Humanities and the Arts - Papers (Archive)
The experience and marginalised status of women lawyers within the Australian legal profession has been well documented over the past two decades. However, very little is known empirically about the ways in which 'rural' space and place might transform or impact that experience, and their relationship with the retention of women in rural, regional and remote (RRR) practice. This article reports on a phenomenological study of the lived experience of female solicitors practising in RRR communities in Queensland. The study asked 23 solicitors (male and female) about their experience of life and legal practice in their communities. This article concludes …
Dowry In Bangladesh: A Search From An International Perspective For An Effective Legal Approach To Mitigate Women’S Experiences, Afroza Begum
Faculty of Law, Humanities and the Arts - Papers (Archive)
For some 40 years, Bangladesh has fought a losing battle against the existence of dowries and their associated abuse with no indication of even a minimal impact as dowry demands inflate and violence increases. In one year alone, dowry related violence claimed the lives of 325 women and contributed to 66.7 per cent of the violent incidents against women. This article aims to investigate the appropriateness and effectiveness of legal approaches to dowry and propose a different standard for redressing women’s disadvantaged situation in the traditional culture of Bangladesh.
Applying The Critical Lens To Judicial Officers And Legal Practitioners Involved In Sentencing Indigenous Offenders: Will Anyone Or Anything Do?, Elena Marchetti, Janet Ransley
Applying The Critical Lens To Judicial Officers And Legal Practitioners Involved In Sentencing Indigenous Offenders: Will Anyone Or Anything Do?, Elena Marchetti, Janet Ransley
Faculty of Law, Humanities and the Arts - Papers (Archive)
In recent years there have been many attempts aimed at transforming the relationship between Indigenous people and the criminal justice system in Australia. Some of these attempts have been directed at policing relationships, including such measures as community and night patrols. Others have focused on prisons, including attempts at greater cultural accommodation, and even the building of Aboriginal prisons. The focus of this article, however, is on the relationship between Indigenous people and court processes, especially in regards to sentencing. In particular, the article explores innovative sentencing courts, practices and principles introduced across the Australian jurisdictions specifically aimed at Indigenous …