Law Commons^™

Book Review: Constructing An Avant Garde: Art In Brazil, 1949-1979 By S. Martins, Michael Leggett

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

To anyone unfamiliar with the interventions made by avant-garde artists into the art world and occasionally wider society during the middle of the 20th century, this volume delivers a very readable account. The artists, the objects they made and the discussions they generated are selected here in relation to the particular practices and contexts emergent in Brazil following the chaos of World War II (during which the country remained neutral). In keeping with a historiographical approach—rather than an art historical account—the author introduces an initial group of Brazilian artists attracted to ideas concerned with the nature of the object in …

On The Suppression Of Vaccination Dissent, Brian Martin

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

Dissenters from the dominant views about vaccination sometimes are subject to adverse actions, including abusive comment, threats, formal complaints, censorship, and deregistration, a phenomenon that can be called suppression of dissent. Three types of cases are examined: scientists and physicians; a high-profile researcher; and a citizen campaigner. Comparing the methods used in these different types of cases provides a preliminary framework for understanding the dynamics of suppression in terms of vulnerabilities.

The Streisand Effect And Censorship Backfire, Sue Curry Jansen, Brian Martin

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

Barbra Streisand's attempt to restrict online views of her residence on a public website had the paradoxical effect of leading to many more views than if she had done nothing. Subsequently, attempts at censorship that end up being counterproductive have been dubbed the "Streisand effect." To better understand the dynamics of the Streisand effect, we examine five tactics used by censors to reduce outrage from their actions: (1) hiding the existence of censorship; (2) devaluing targets of censorship; (3) reinterpreting actions by lying, minimizing consequences, blaming others, and using benign framing; (4) using official channels to give an appearance of …

Anarchist Shaping Of Technology, Brian Martin

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

Technology pervades modern life, from cars and computers to paper and clothing. Food might have organic origins but has been processed and transported using a variety of technologies. Even bodies have become technologically manipulated and transformed through hair coloring, glasses, prostheses and plastic surgery. Humans create technology and use it, so it is sensible to say that technology is political in the sense that it involves or embodies the exercise of power. This is an obvious opening for anarchist analysis. Anarchism can be said to involve a rejection of any form of domination, including by the state, capitalism, patriarchy and …

Leaking: Practicalities And Politics, Brian Martin

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

When you want to reveal information in the public interest, consider leaking. To be effective, you need to be very careful and to understand both practical and political aspects.

Social Cognition And Psychopathology: A Critical Overview, Shaun Gallagher, Somogy Varga

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

The philosophical and interdisciplinary debate about the nature of social cognition, and the processes involved, has important implications for psychiatry. On one account, mindreading depends on making theoretical inferences about another person's mental states based on knowledge of folk psychology, the so-called "theory theory" (TT). On a different account, "simulation theory" (ST), mindreading depends on simulating the other's mental states within one's own mental or motor system. A third approach, "interaction theory" (IT), looks to embodied processes (involving movement, gesture, facial expression, vocal intonation, etc.) and the dynamics of intersubjective interactions (joint attention, joint action, and processes not confined to …

Just The Ticket! The Thomas Keneally Papers, Paul Sharrad

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

Considers the nature of the archive as a shifting dynamic relative to the time and interest of users, highlighting some of the curiosities in the Keneally collection.

The Asia-Pacific War And The Failed Second Anglo-Japanese Civilian Exchange, 1942-45, Rowena G. Ward

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

The proposed 2nd Anglo-Japanese civilian exchange, originally planned for October 1942, never eventuated partly due to differences in the interpretations of what constitutes a merchant seaman and views on whether the Hague Convention should apply. The failure of the exchange meant that over 3,000 Japanese and British civilian internees as well as another 2,000 or so Japanese and American civilian internees remained in internment camps until at least August 1945. At the heart of the negotiations were 331 Japanese pilots and pearl divers who had been employed in the pearling industry until the outbreak of war. The impasse would impact …

Revisiting A Struggle: Port Kembla, 1938, Rowan Cahill

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

Rowan Cahill ruminates on the premiere screening of the documentary film Pig Iron Bob (Why Documentaries: Sandra Pires, Producer and Director) in Wollongong, 21 March 2015

Canada And Australia Share A Political Culture Of Conflict, Gregory C. Melleuish

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

In a recent book, political scientist Tom Flanagan argues that the years of minority government in Canada between 2004 and 2011 had a corrosive effect on Canadian politics and political culture. He comments:

After so many years of continuous campaigning, federal politicans are like child soldiers in a war-torn African country; all they know how to do is fire their AK-47s.

This statement, and many other things that Flanagan describes as features of Canadian politics – including increased centralisation of decision-making in the party and the need to be in constant campaign mode – could also be considered to be …

Anti-Zionism In The Courts Is Not Kosher Law, Gregory L. Rose

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

A German court in Wuppertal held last month that an arson attack on a synagogue causing fire damage was not anti-Semitism but political expression. Also in February, five youths who vandalised 300 Jewish graves and a Holocaust monument in Alsace, France, claimed that the action was not motivated by anti-Semitism.

In general, an attack specifically targeting Chinese would be considered anti-Chinese. Only in an exceptional case, it might not be. Why is the exceptional case becoming the rule for Jews, so that targeting Jews as a group is generally not anti-Jewish but “political”?

Legal artifice is being constructed to make …

Public Intoxication In Nsw: The Contours Of Criminalisation, Luke J. Mcnamara, Julia Quilter

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

This article traces the history of the regulation of public intoxication in New South Wales (NSW) from the early 1800s to the present. We argue that although the formal legal status of public drunkenness and drinking has changed over time, and although different approaches have been prominent at different points in the history of NSW, public intoxication has been consistently and continuously criminalised for almost two centuries, despite official ‘decriminalisation’ in 1979. Shifts in regulatory modalities — including offence definitions, police powers, the involvement of local councils and enforcement practices — have been associated with significant changes in how the …

Alcohol And Drug Fuelled Violence - Mandatory Aggravating Factor In Sentencing, Julia Quilter, Luke J. Mcnamara, Kate Seear, Robin Room

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

1: We refer to the Attorney General's request for the Sentencing Council to consider a proposal from the Thomas Kelly Foundation to make amendments to the Crimes (Sentencing Procedure) Act 1999 ('the Act') aimed at deterring alcohol and drug fuelled violence.

'How To Sex'? The Contested Nature Of Sexuality In Japan, Mark J. Mclelland

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

There has been a tendency in English and other European-language reporting on Japan to stress the strangeness and otherness of Japanese values, particularly in regard to sexuality. Reports of Japanese immorality go back as far as the sixteenth century when the first Jesuit visitors to the country were appalled by open displays of cross-dressing and male-male sexual relations (Cooper 1965). After the ‘opening’ of Japan in the mid-nineteenth century, Victorian visitors were alternately intrigued and shocked by the government-regulated prostitution that took place in Japan’s many pleasure quarters. Commentators have noted how the figure of the geisha, in particular (albeit …

The Recognition Of Nuclear Trauma In Sagashite Imasu (I Am Searching), Helen Kilpatrick

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

The award-winning picture book Sagashite imasu (2012) was published in response to 3/11. It combines dynamic poetics with poignant photographs of relics from the Hiroshima Peace Museum to evoke emotions about extended suffering from radioactive fallout. I argue that the work plays an activist role in prompting an empathetic response which raises an ethical consciousness, and that this kind of response in turn generates a broader “recognition” of the dangers of using nuclear power in (and beyond) Japan after the Fukushima disaster.

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?

Groomed For War, Rowan Cahill

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

One of the many myths about Australia’s involvement in World War I is that when the call to battle sounded in 1914, the cream of the nation’s manhood responded enthusiastically. Droves of young volunteers rushed to the battle standard, militarily naïve and innocent, unfamiliar with weapons and battle skills. Those with previous experiences of gun handing and shooting tended to come from the farms and bush, skills developed in the contexts of rural life and work.

Missing In Action, Rowan Cahill, Terence H. Irving

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

‘Marxist scholarship, already on the defensive for political reasons inside university economics faculties, often retreated into scholastic debates over texts or into abstruse mathematical calculations as remote from the real world as those of their mainstream colleagues.’ So wrote Chris Harman in Zombie Capitalism: Global Crisis and the Relevance of Marx (Bookmarks Publications, 2009). It was not just in economics that the radicals retreated; it happened in all the social sciences and humanities. And not just because of political timidity; they had been outflanked. Knowledge production had changed in ways that disadvantaged radicals.

Spreading The Word: Using Cookbooks And Colonial Memoirs To Examine The Foodways Of British Colonials In Asia, 1850-1900, Cecilia Y. Leong-Salobir

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

The emergence of the British hybrid colonial cuisine in Asia came about as a result of negotiation and collaboration between colonizer and colonized. British hybrid colonial cuisine, comprising unique dishes such as countless varieties of curries, mulligatawny, kedgeree, country captain and pish pash evolved over time and was a combination of elements of British food practices and Asian food ways.

Fukushima, Hiroshima, Nagasaki, Maralinga, Vera C. Mackie

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

In this essay I provide an account of a series of commemorative events held in Eastern Australia since the compound disaster of March 2011 occurred in Fukushima in Northeastern Japan. Individuals expressed transnational solidarity through the embodied experience of attending and participating in local events. Reflecting on these events reminds us of the entangled and mutually imbricated histories of Japan and Australia, and the ways in which various individuals and groups are positioned in the global networks of nuclear power and nuclear weaponry.

Case Study: 27.4 Legal Instruments: Great Eastern Ranges Initiative, Malcolm D. Farrier

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

The Great Eastern Ranges (GER) Initiative aims to establish a conservation corridor inland of the east coast of Australia, stretching 3600 kilometres from north to south. The corridor is primarily defined by the Great Dividing Range and the Great Escarpment of eastern Australia (Mackey et al. 2010).

Book Review: John S. Ahlquist And Margaret Levi, In The Interest Of Others: Organizations And Social Activism, Rowan Cahill

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

As the poet John Donne famously meditated in 1624, and Ernest Hemingway echoed in 1940, "No man is an island entire of itself; every man is a piece of the continent." John S. Ahlquist and Margaret Levi are interested in this sense of human and social ecology, and investigate it via a comparative study of the memberships, structures, and politics of a target group of American and Australian trade unions.

Travels With My Art: Moya Dyring And Margaret Olley, Melissa J. Boyde

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

Moya Dyring (1909–1967) was born in Melbourne where she studied at the National Art School. After a successful solo show of her early experimental cubist paintings, she travelled to France where she remained for most of her life. From 1949 Dyring lived in an apartment/studio on the Ile Saint-Louis, a small island on the Seine behind Notre Dame. The apartment became widely known as Chez Moya - an Australian salon in the heart of Paris. Over the next two decades Dyring hosted a transient coterie of Australian artists at Chez Moya. Margaret Olley was one of the young artists who …

Ka Kohi Te Toi, Ka Whai Te Maramatanga: Te Arawa Partnership Proposal Hearings Validity Assessment Report, Hemopereki Simon

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

The following is a report of the results of a validity assesment as requested by Nga Uri o Ngati Whakaue in regards to research presented to date at the Te Arawa Partnership Proposal hearings currently taking place in Rotorua. This report has been complied by The Forum for Indigenous Research Excellence (FIRE) at The University of Wollongong (UOW). This short report is the forerunner report to further research to be undertaken by members of FIRE on the topic of local government in New Zealand and the Te Arawa Partnership Proposal.

If You Don’T Like Looking At Wind Farms, Why Not Build Them At Sea?, Clive Schofield

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

The Australian government appears to be intent on scaling back wind farms in Australia. A Senate inquiry has recommended increasing regulation for wind farms in response to health concerns, and Prime Minister Tony Abbott recently commented to radio host Alan Jones that his government has managed to reduce the number of “these things” [wind turbines], but he personally would have preferred “to have reduced the number a whole lot more”.

But there’s another solution that would continue to build the capacity of wind energy while removing possible impacts on land-holders: put wind farms out to sea.

Introduction: Art And Activism In Post-Disaster Japan, Alexander Brown, Vera C. Mackie

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

On 11 March 2011, the northeastern area of Japan, known as Tōhoku, was hit by an unprecedented earthquake and tsunami. The disaster damaged the Fukushima Daiichi nuclear power plant, one of a number of such facilities located in what was already an economically disadvantaged region.2 This led to a series of explosions and meltdowns and to the leakage of contaminated water and radioactive fallout into the surrounding area. Around 20,000 people were reported dead or missing, with a disproportionate number from the aged population of the region. Nearly four years later, hundreds of thousands of people are still displaced: evacuated …

Children With Gender Dysphoria And The Jurisdiction Of The Family Court, Felicity Bell

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

Gender dysphoria is described as ‘[m]ental distress caused by unhappiness with one’s own sex and the desire to be identified as the opposite sex’. Gender dysphoria is distinguished from being intersex, the subject of a recent Australian Senate Committee report, which is referable to physical characteristics. It is also distinguished from gender non-conformism, gender diversity or transsexualism as, in addition to identifying and living as one’s non-natal gender, it involves ‘clinically significant distress’. Unfortunately, children with gender dysphoria (and indeed many gender diverse young people) are almost by definition at a high risk of depression and anxiety, as well as …

The Yeomans Project: Peri-Urban Field Work, Lucas M. Ihlein

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

Despite moves towards inner-urban consolidation, Australian cities continue to expand in girth. In the process, housing development transforms formerly rural land into "peri-urban" settlements. These transitional zones are often sites of contestation: they place pressure on local amenities and infrastructure, reveal limitations in transportation and food systems, and conflict with “lifestyle” values. In this paper I explore these tendencies through the lens of an art project about Australian farmer P.A. Yeomans. Between 1940 and 1980, Yeomans developed a system of organic farming - "Keyline" - optimised for the poor soils and low rainfall of Australian conditions. Keyline has been hugely …

Reaching Through To The Object: Reenacting Malcolm Le Grice’S Horror Film 1., Lucas M. Ihlein, Louise Curham

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

In July 2014 Teaching and Learning Cinema, an Australian artist group coordinated by Louise Curham and Lucas Ihlein, presented a reenactment of Malcolm Le Grice’s Horror Film 1 (1971) at Canberra Contemporary Art Space. A key work of Expanded Cinema, Horror Film 1 involves a live performer playing with shadows, interacting with the overlapping beams of three 16mm film projectors. Our reenactment was the first time in the work’s 40 year lifespan that it had been performed by anyone other than Le Grice himself. In this paper we offer some reflections on the process of making our reenactment, which we …

Malcolm Fraser’S Life And Legacy: Experts Respond, Alex Millmow, Andrew Jakubowicz, Anne-Marie Boxall, David Penington, Hannah Forsyth, Joanna Mendelssohn, Jo Caust, Liz Giuffre, Mark Beeson, Peter Whiteford, Simon Ville, Stephen Leeder, Vincent O-Donnell

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

Malcolm Fraser, Liberal prime minister between 1975 and 1983, passed away on Friday morning at the age of 84 after a brief illness. In a statement, Prime Minister Tony Abbott paid tribute to Fraser’s achievements in government, saying he:

… restored economically responsible government while recognising social change.

The Fraser government came to office after the constitutional crisis of 1975 triggered by the sacking of the Whitlam Labor government. In his time in office, Fraser oversaw the acceptance of southeast Asian refugees and the emergence of a multicultural Australia, but environmental battles were a factor in his government’s defeat in …