Law Commons^™

A Living Tradition, Rowan Cahill

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

At the recent Historical Materialism Australasia Conference (Sydney, July 2015), the keynote address was delivered by veteran scholars Terry Irving and Raewyn Connell. The subject was their seminal book Class Structure in Australian History (CSAH), the first edition of which was published by Longman Cheshire in 1980, followed by a second edition in 1992. Whilst in print the book sold at least 12,000 copies, a significant figure at the time for an Australian book, still a figure to set a publisher’s lips drooling, and in terms of international academic/scholarly publishing, where print runs of 200 copies struggle to sell, a …

Book Review: The End Of Laissez-Faire? On The Durability Of Embedded Neoliberalism, Timothy Dimuzio

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

On the heels of the global financial crisis, many on the left of the political spectrum anticipated the end of neoliberalism. The financial and economic crisis—global in scope—had supposedly discredited over two decades of neoliberal rule. The massive state interventions required to curtail the worst vagaries of the crisis demonstrated to everyone paying even the remotest attention that deregulated markets are unstable, that bankers cannot be trusted with increasing the money supply and that government intervention could help steer the economy in a more positive direction should politicians be willing. Moreover, the aftermath of the crisis spawned the worldwide Occupy …

Reading Through The Mirror Stage, Luke M. Johnson

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

No abstract provided.

Censorship And Free Speech In Scientific Controversies, Brian Martin

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

Many publicly debated issues have implications for health, including smoking, pesticides, food additives, seat belts, fluoridation, vaccination and climate change. Campaigners on such issues use a variety of methods, including presenting evidence and arguments, denigrating opponents, lobbying and organising protests. In some cases, campaigners seek to censor opponents, most commonly on the grounds that their views are false and dangerous. To probe rationales for censorship, recent events in the Australian public debate over vaccination are examined. A citizens' group critical of vaccination has come under heavy attack, with pro-vaccination campaigners and politicians trying to shut down the group and restrict …

Translit As Thought-Events: Cloud Atlas And Storyland, Catherine Mckinnon

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

In recent years, there has been an increasing interest in (and publication of) multi-narration novels that surf time, genre hop and shift geographical location. In 2012, novelist and critic, Dougles Coupland, coined the term 'translit' to describe such novels (11). If we accept Couopland's term, david Mitchell's Cloud Atlas (2003), Steve Amsterdam's Things We Didn't See Coming (2009), Jennette Winterson's The Stone Gods (2007), and Michael Cunningham's, the Hours (1998) and Specimen Day (2005), might all be called translit, so too Virginia Woolf's not so recent Orlando (1928). By choosing to travel across time, space and genre boundaries, what might …

Nonviolence Unbound, Brian Martin

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

Rallies, strikes, boycotts, sit-ins — these and other methods of nonviolent action can be used to bring down dictators. Nonviolence Unbound shows how insights into what makes nonviolent action eff ective can be applied to four completely diff erent arenas: defending against verbal abuse, responding to online defamatory pictures, and engaging in the struggles over euthanasia and vaccination. This investigation shows how to analyse options for opposing injustice.

Creation And Preservation: Teaching Colour Theory, Madeleine T. Kelly

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

Colour wheels and colour charts run the risk of seeming elementary. My attempt to revitalise these traditional forms of relating colour has opened up a gamut of possible approaches within an undergraduate tertiary context and, here, I will describe a few in view of an archaeological metaphor.

Book Review: The History Of Democracy: A Marxist Interpretation By Brian S. Roper, John Passant

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

Brian Roper's book on the history of democracy from a Marxist perspective is an ambitious one. Roper starts with Athens and Rome and then, as capitalism rises, examines the revolutions in England, America and France and after that the 1848 revolutions across Europe. He then looks at the Paris Commune and The Russian Revolution. In doing this, Roper describes three distinct but related forms of democracy - Athenian democracy which was a form of participatory democracy limited to sections of society; liberal representative democracy which, while nominally open to all, is actually limited to operating within narrow propertied confines; and …

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 …

Submission To The Senate Community Affairs References Committee Inquiry Into Violence, Abuse And Neglect Against People With Disability In Institutional And Residential Settings, Including The Gender And Age Related Dimensions, And The Particular Situation Of Aboriginal And Torres Strait Islander People With Disability, And Culturally And Linguistically Diverse People With Disability (26 June), Linda Roslyn Steele

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

This submission is made to the Senate Community Affairs References Committee’s (‘Senate Committee’) inquiry into violence, abuse and neglect against people with disability in institutional and residential settings, including the gender and age related dimensions, and the particular situation of Aboriginal and Torres Strait Islander people with disability, and culturally and linguistically diverse people with disability (‘the Senate Inquiry’).

Corporate Speak And “Collateral Recruitment”: Surfing The Student Body, Colleen Mcgloin

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

‘‘Corporate speak,’’ the language of neoliberalism, has for so long been integrated into higher education institutions that many academics greet new terms wanly with the tedium of overkill; academic practice is scrutinized and regulated through terms such as performance indicators, benchmarking, service providers, and clients. As part of a discursive field where ideological shifts continue to apply marketized frames of reference as neoliberalism tightens its grip, new terms and phrases are commonplace.

Questioning Law’S Capacity, Fleur Beaupert, Linda Roslyn Steele

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

The past ten years have witnessed an increased public awareness of the marginalisation and discrimination experienced by people with disability in the Australian legal system, and an associated proliferation of law reform reports on disability law.

'Radical Academia: Beyond The Audit Culture Treadmill' By Rowan Cahill And Terry Irving, 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.

'Just A Couple Of Fags': Truman Capote, Gore Vidal, And Celebrity Feud, Guy R. Davidson

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

This article argues that the long-running feud between the two celebrity authors Truman Capote and Gore Vidal indicates a crucial shift in the nature of literary celebrity from the 1940s to the 1970s. At its commencement, the feud was about competition for literary fame and the respective literary talent of the two authors. It thus indicated the seriousness and the prestige that American culture accorded literature and how American literary celebrity differed from other forms of celebrity in its emphasis on what Loren Glass calls 'individual authorial consciousness'. But as the decades passed, literary achievement was increasingly sidelined by entertaining …

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 …

It's Like Going To A Cemetery And Lighting A Candle: Aboriginal Australians, Sorry Business And Social Media, Bronwyn Carlson, Ryan Frazer

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

Death and funeral practices are a constant presence in many Aboriginal Australians’ lives— research in some communities found they are eight times more likely to have attended a funeral in the previous 2 years than non- Aboriginal people. This can be explained by two major factors: inordinately high rates of Aboriginal mortality and cultural practices around death (broadly referred to as Sorry Business). Research in other contexts has found traditions once reserved solely for face- to- face interactions are now also taking place online on social media. This paper draws from interviews conducted with Aboriginal social media users from New …

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 …

Men And Gender Equality, Michael G. Flood

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

Our world is a deeply unequal one. Systemic inequalities which disadvantage women and advantage men are visible around the globe. Whether on looks at political power and authority, economic resources and decision-making, sexual and family relations, or media and culture, one finds gender inequalities. These are sustained in part by constructions of masculinity-by the cultural meanings associated with being a man, the practices which men adopt, and the collective and institutional organisation of men's lives and relations.

Alterity And The Maternal In Adoptee Phenomenology, Jane M. Lymer

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

The project that I embark upon in this paper is an enquiry into the role of the maternal body in the development of alterity in the child. I begin by drawing on a previous publication in Parrhesia, where I explore the phenomenology of the maternal-foetal affective relation through the philosophy of Maurice Merleau-Ponty, outlining how the foetal body schema develops through maternally structured movement while in utero.

The Threatened, Madeleine T. Kelly

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

Drawing upon the traditions of natural history illustration, painting and tapestry, this work represents threatened birds of the Illawarra, NSW.

Sex, Censorship And Media Regulation In Japan: A Historical Overview, Mark Mclelland

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

Over the past several decades alarmist reports about the supposed dangers of the sexualised nature of much Japanese popular culture have regularly featured in the English-language press. It has been claimed that Japan is 'awash' in all kinds of pornography, including child pornography (Larimer 1999; Fallows 1986: 38) and that insufficient attempts are made by the authorities to properly regulate the expression of sexual matters. A major concern of such reporting has been the supposed 'dark side' (McGinty 2002) of the manga (comics) which are ubiquitous in Japan and, since the 1980s, have become popular with young people worldwide. International …

The Southern Tree Of Liberty Explained: Class Struggle, Popular Democracy And Representative Government In New South Wales Before, Terence Irving

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

In 2006 The Federation Press published my book, The Southern Tree of Liberty - The Democratic Movement in New South Wales before 1856. It received better reviews overseas than in Australia, where some reviewers persisted in assimilating it to the standard account of a British-influenced, elite-led, peaceful transition to responsible self-government in 1856. The "radicals" that the book concentrated on were seen as just part of that story, a tiny group of agitators whom no one took seriously - certainly not the established historians who wrote those reviews

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 …

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.

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.

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).

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 …

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.

Why We Are Not All Novelists, Shaun Gallagher

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

In this chapter I consider one of the necessary conditions for being a novelist, the ability to open up and sustain a fictional world. My approach will draw from psychopathology, phenomenology and neuroscience. Using the phenomenological concept of “multiple realities,” I argue that the novelist is in some ways like and in some ways unlike someone who experiences delusions insofar as the novelist can enter into a sustained engagement with an alternative reality. I suggest, however, that, compared with the delusional subject, the novelist has better control of the mechanisms that allow for this sustained engagement.