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Full-Text Articles in Law
Capitalism, Regulation Theory And Australian Labour Law: Towards A New Theoretical Model, Brett Heino
Capitalism, Regulation Theory And Australian Labour Law: Towards A New Theoretical Model, Brett Heino
Faculty of Law, Humanities and the Arts - Papers (Archive)
This article employs the methodology of the Parisian regulation approach to periodise Australian capitalism into distinct models of development. Within such models, labour law plays a key role in articulating the abstract capitalist need to commodify labour-power with the concrete realities of class struggle. Given the differential ordering of social contradictions and the distinct relationship of social forces within the fabric of each model of development, such formations will crystallise distinct regimes of labour law. This is demonstrated by a study of the two successive models of development that have characterised Australian political economy since the post-Second World War era: …
The Refugee Limbo: Negotiating The Bar Of Australian Law, Benjamin Hightower
The Refugee Limbo: Negotiating The Bar Of Australian Law, Benjamin Hightower
Faculty of Law, Humanities and the Arts - Papers (Archive)
Often refugees and asylum seekers are said to be in some sort of limbo: physical, social, and/or legal. This article picks apart the limbo-concept through the expanded metaphor of the Limbo dance; a performance that illustrates an ‘inner history’ that evolved from the conditions aboard the slave ships of the Middle Passage. ‘Playing‘ the Limbo allows the experiences of the slaves to be reenacted: due to the limited space and terrible conditions, slaves had to arch their backs in order to fit inside the ship’s hulls. They had to remain limber or limba before they could re-emerge on the other …
Populism And Criminal Justice Policy: An Australian Case Study Of Non-Punitive Responses To Alcohol-Related Violence, Julia Quilter
Populism And Criminal Justice Policy: An Australian Case Study Of Non-Punitive Responses To Alcohol-Related Violence, Julia Quilter
Faculty of Law, Humanities and the Arts - Papers (Archive)
Populism is widely regarded in the literature as a negative and inherently punitive influence on criminal justice policy. This article challenges this view and highlights the ways in which populism can produce forms of citizen engagement in the criminal justice context that are new and progressive. These possibilities are illustrated through a close analysis of the responses to a single instance of ‘random’ fatal violence: the killing of Thomas Kelly in King’s Cross, Sydney, in 2012. This case study shows how a populist campaign powerfully realigned political allegiances to call for, and achieve, real and enduring action from the New …
Critical Pedagogy And Social Inclusion Policy In Australian Higher Education: Identifying The Disjunctions, Jeannette Stirling, Colleen Mcgloin
Critical Pedagogy And Social Inclusion Policy In Australian Higher Education: Identifying The Disjunctions, Jeannette Stirling, Colleen Mcgloin
Faculty of Law, Humanities and the Arts - Papers (Archive)
Within neoliberalism, policy implementation assimilates issues of social justice, such as diversity, by incorporating them into frameworks that pay “lip service” to important issues affecting both students and educators. This paper critically engages with higher education policies in Australia dealing with social justice, diversity, and social inclusion. Our discussion draws largely from Freirian pedagogy as well as a selective range of critical theorists to consider what we see as a radical disconnection between policy and practice in our teaching. We argue that this disjunction can adversely affect students and educators and that attention to policy’s limitations is necessary in efforts …
The Long-Term Future Of Australian Coal Is Drying Up, Adam Robert Lucas
The Long-Term Future Of Australian Coal Is Drying Up, Adam Robert Lucas
Faculty of Law, Humanities and the Arts - Papers (Archive)
With the recent re-approval of Adani’s Carmichael coal mine in Queensland, debate over the future of coal has reached fever pitch again. Green groups have argued that Australia should account for the climate impacts of burning coal produced in the country. Meanwhile, the government has once again come out in support of coal to provide cheap power to developing nations. It can be hard to make sense of the different sides. In a paper recently published in Energy Research and Social Science, I looked at the long-term future for coal in Australia. My research suggests the current coal woes are …
El Contestador Australiano And The Transnational Flows Of Australian Writing In Spanish, Michael R. Jacklin
El Contestador Australiano And The Transnational Flows Of Australian Writing In Spanish, Michael R. Jacklin
Faculty of Law, Humanities and the Arts - Papers (Archive)
'El contestador australiano y otros cuentos' [The Australian answering machine and other stories] is the title of a collection of short stories written in Spanish by Uruguayan-born Ruben Fernández. It was published in 2008 in Montevideo by the well-regarded publishing house Del Sur Ediciones. In 2009 Fernández was interviewed by the Uruguayan newspaper 'El País' and spoke about how his stories relate to his experience of thirty years as a migrant living in Australia. Many of the stories in this collection first appeared in Australia in the 1980s and early 1990s, a number of them as prize-winning entries in literary …
Towards A Multilingual National Literature: The Tung Wah Times And The Origins Of Chinese Australian Writing, Huang Zhong, Wenche Ommundsen
Towards A Multilingual National Literature: The Tung Wah Times And The Origins Of Chinese Australian Writing, Huang Zhong, Wenche Ommundsen
Faculty of Law, Humanities and the Arts - Papers (Archive)
Australian literature has over the last 50 years witnessed the gradual inclusion of writers and texts formerly considered marginal: from a predominantly white, Anglo canon it has come to incorporate more women writers, writers of popular genres, Indigenous writers, and migrant, multicultural or diasporic writers. However, one large and important body of Australian writing has remained excluded from histories and anthologies: literature in languages other than English. Is this the last literary margin? How might it be incorporated into the national canon, and how might it enhance our understanding of the cross-cultural traffic that feeds into the literature of a …
Australian Universities: Bureaucracy, Scholasticism And The End Of Beauty, Gregory C. Melleuish
Australian Universities: Bureaucracy, Scholasticism And The End Of Beauty, Gregory C. Melleuish
Faculty of Law, Humanities and the Arts - Papers (Archive)
This article argues that development of the modern university in many ways mirrors that of the modern state. Over time it has become increasingly centralized and bureaucratic with power passing from its members to the central administration. This has led to a bureaucratization of the university mind. In turn this has increased the tendency of universities to more extreme forms of scholasticism. The consequence is the creation of knowledge which is removed from the wider world and which mirrors its bureaucratic nature. In such a world there can be no true creativity or beauty. The only way to reverse this …
Early Chinese Newspapers In Australia: Trove Presents A New Perspective On Australian History, Kate Bagnall
Early Chinese Newspapers In Australia: Trove Presents A New Perspective On Australian History, Kate Bagnall
Faculty of Law, Humanities and the Arts - Papers (Archive)
Most Australian historians will tell you that there was a “before Trove” and an “after Trove”. Being able to search and access digitised copies of hundreds of Australian newspapers, from major city dailies to small country papers, has changed the way we work and the sorts of histories we are able to write.
Early Chinese Newspapers: Trove Presents A New Perspective On Australian History, Kate Bagnall
Early Chinese Newspapers: Trove Presents A New Perspective On Australian History, Kate Bagnall
Faculty of Law, Humanities and the Arts - Papers (Archive)
Most Australian historians will tell you that there was a ‘before Trove’ and an ‘after Trove’. Being able to search and access digitised copies of hundreds of Australian newspapers, from major city dailies to small country papers, has changed the way we work and the sorts of histories we are able to write.
Mobile Encounters: Bicycles, Cars And Australian Settler Colonialism, Georgine W. Clarsen
Mobile Encounters: Bicycles, Cars And Australian Settler Colonialism, Georgine W. Clarsen
Faculty of Law, Humanities and the Arts - Papers (Archive)
At the turn of the twentieth century bicycles and motorcars constituted a significant break from organic modes of mobility, such as walking, horses and camels. In Australia, such mechanical modes of personal transport were settler imports that generated local meanings and practices as they were integrated into the material, cultural and political conditions of the settler nation-in-the-making. For settlers, new technologies confirmed their racial superiority and reinforced a collective sense of their own modernity. Aboriginal people frequently expressed fear and epistemological confusion when they first encountered the strange vehicles. Contrary to settler investments in Aboriginal people as outside of the …