Law Commons^™

No Idea: Tristram Shandy, Transgressive Creativity, John Locke’S Tabula Rasa, And The Legal Imaginary, Marett Leiboff

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

Pray, Sir, in all the reading which you have ever read, did you ever read such a book as Locke’s Essay upon the Human Understanding? ——Don’t answer me rashly, –because many, I know, quote the book, who have not read it,—and many have read it who understand it not:— Laurence Sterne, The Life and Opinions of Tristram Shandy, Gentleman, Vol. II, Chap. II

Computational Drawing: Code And Invisible Operation, Brogan S. Bunt

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

Drawing upon my own experience in developing the algorithmic drawing project, Loom, this paper considers the relationship between conceptual and non-conceptual dimensions of drawing in computational art. It is concerned particularly to reflect upon the nature of this aesthetic labour, which involves not only programming but also the blind space of procedure.

Naval Modernisation And Southeast Asia's Security, Sam Bateman

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

Bateman focused on the role of national coastguards in contemporary naval security, with particular focus on Southeast Asian maritime security. He highlighted the increased complexity of naval warfare, with the relationship between maritime law enforcement and security forces becoming more legally complex. Bateman provided examples of coastguard activities in the Southeast Asian region, emphasising the active role of the Japanese coastguard in capacity-building initiatives in the area, China's use of its civil maritime security forces in the recent fishing trawler dispute, and the regional activities of the US Coastguard.

The Pathogenesis Of Human Papillomavirus (Hpv) In The Development Of Cervical Cancer: Are Hpv Vaccines A Safe And Effective Management Strategy?, Roslyn Judith Wilyman

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

Human Papillomavirus (HPV) infection has been linked with cervical cancer. Some medical professionals see it as the determining causal agent and therefore promote vaccination as an effective prevention strategy. However, the biological plausibility of a causal theory requires that the incidence of the causal agent varies with the incidence and mortality of the disease. Yet the incidence and mortality of cervical cancer do not vary with the incidence of infection with HPV strains 16 and 18; the strains covered by the HPV vaccine. Though HPV infection is a necessary precursor to most cervical cancer, most high-risk HPV infections (with one …

"American Dreams - Presentation", Stephen Dupont

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

Online photojournalism students came from locations across the country to join other lovers of photography in attending a fully subscribed symposium in Bendigo organised by La Trobe University and Bendigo Art Gallery.

http://www.bendigoartgallery.com.au/Exhibitions/Past_Exhibitions/2011_Exhibition_Archive/American_Dreams

Evaluation Of The Pacific Oceanscape To Manage The Pacific Islands And Ocean Environment, Ben M. Tsamenyi, Joytishna Jit

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

The forty-first meeting of Pacific Island Forum (PIF) in Port Vila, Vanuatu in August 2010 endorsed the new concept of 'Pacific Oceanscape' to support development, management and conservation of the Pacific Islands region. The leaders also encouraged all Pacific Islands regional organisations to implement the concept in partnership with other relevant organisations. The Pacific Oceanscape concept is a renewed effort to implement the Pacific [slands Regional Oceans Policy (PIROP). [t reflects all PIROP principles and aligns them with urgencies associated with climate change impacts on small island developing states. It also promotes regional cooperation in the establishment and management of …

Food Culture In Colonial Asia: A Taste Of Empire, Cecilia Y. Leong-Salobir

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

Presenting a social history of colonial food practices in India, Malaysia and Singapore, this book discusses the contribution that Asian domestic servants made towards the development of this cuisine between 1858 and 1963. Domestic cookbooks, household management manuals, memoirs, diaries and travelogues are used to investigate the culinary practices in the colonial household, as well as in clubs, hill stations, hotels and restaurants. Challenging accepted ideas about colonial cuisine, the book argues that a distinctive cuisine emerged as a result of negotiation and collaboration between the expatriate British and local people, and included dishes such as curries, mulligatawny, kedgeree, country …

Biopolitical Correspondences: Settler Nationalism, Thanatopolitics, And The Perils Of Hybridity, Michael R. Griffiths

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

'How does (post)colonial literary culture, so often annexed to nationalist concerns, interface with what Michel Foucalt called biopolitics? Biopolitics can be defined as the regularisation of a population according to the perceived insistence on norms. Indeed, biopolitics is crucially concerned with what is perceptible at the macroscopic level of an entire population - often rendering its operations blind to more singular, small, identitarian, or even communitarian representations and imaginaries. Unlike the diffuse, microscopic, governmental mechanisms of surveillance that identify the need for disciplinary interventions, biopolitics concerns itself with the regularisation of societies on a large scale, notably through demography. As …

The Practice And Politics Of Leaking, Kathryn Flynn

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

Civic-minded people who encounter what they believe to be corrupt and illegal conduct in the workplace may take it upon themselves to release relevant confidential information. This is done either through an open disclosure, where the identity of the whistleblower is publicly known, or an unauthorised disclosure where the identity of the leaker is not revealed. This information is typically leaked to journalists or activists who may be able to seek redress. Leaking is an alternative to whistleblowing and carries fewer risks of reprisals but leakers need to be alert to pitfalls with this practice.

The Slap: Whose Side Are You On?, Leigh Dale

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

Talking to people about The Slap reveals a range of responses, but one opinion is shared: author Christos Tsiolkas has “nailed it” in terms of family tensions. If people have struggled to keep watching until the final episode tonight, it’s because the arguing and the dishonesty are too close to home, rather than being implausible.

Interactive Coordination In Joint Attention, Shaun Gallagher

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

Joint attention is located at the intersection of a complex set of capacities that serve our cognitive, emotional, and action-oriented relations with others. In one regard, it involves social cognition, our ability to understand others, what they intend, and what their actions mean. Here there is a two-way relationship between joint attention and social cognition. On the one hand, certain social cognitive abilities allow us to enter into jointattentional situations with others; on the other hand, our engagements in joint-attentional situations with others allow us to better understand their intentions and their actions.

Strong Interaction And Self-Agency, Shaun Gallagher

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

The interaction theory of social cognition contends that intersubjective interaction is characterized by both immersion and irreducibility. This motivates a question about autonomy and self-agency: If I am always caught up in processes of interaction, and interaction always goes beyond me and my ultimate control, is there any room for self-agency? I outline an answer to this question that points to the importance of communicative and narrative practices.

Review Of "Murdering Stepmothers - The Execution Of Martha Rendell" By Anna Haebich, Catherine Cole

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

Stepmothers have received a bad press over the centuries. They are the cruel replacement mothers of fairytales, women who may not have children themselves and whose relationship with their new offspring is hostile or neglectful. Stepmothers usurp another woman’s role, generally that of the idealised, biological mother who has died tragically and can never be replaced in her children’s hearts. This antithetical role plays out in folk narratives such as Hansel and Gretel, Snow White and the Seven Dwarfs and Cinderella, which offer murderous stepmothers and absent fathers who are blind or indifferent to their children’s peril.

Undead Ghosts: Spectrality And The Transgression Of Cultural Norms, Frances Devlin-Glass, Antonio Simoes Da Silva

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

When on 30 December 2010, JASAL received a 'last will and testament' from Mudrooroo from Nepal-'Portrait of the Artist as a Sick Old Villain 'Me Yes I Am He the Villain': Reflections of a Bloke From Outside'-we were both energized and relieved. Coming as it did after a long self- and other-imposed silence, it was exciting to have one of the foremost theorists of Indigenous Australian writing enter the national conversation again.

The Transcolonial Politics Of Chinese Domestic Mastery In Singapore And Darwin 1910s-1930s, Claire K. Lowrie

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

Feminist and postcolonial scholars have long argued that the home was a microcosm and a symbol of the colony. To exercise power in the home, to practice domestic mastery over colonised servants, was an expression of colonial power. At the same time, intimate contact and domestic conflicts between non-white servants and their employers had the potential to destabilise hierarchical distinctions, thereby threatening the stability of colonial rule. As Ann Laura Stoler puts it, the home was a site where "racial classifications were defined and defied" and where relations between coloniser and colonised could sustain or challenge colonial rule. The vast …

Euis Nurlaelawati, Modernization, Tradition And Identity: The Kompilasi Hukum Islam And Legal Practice In The Indonesian Religious Courts, Nadirsyah Hosen

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

Book review:

Euis Nurlaelawati, Modernization, Tradition and Identity:·the Kompilasi Hukum Islam and Legal Practice in the Indonesian Religious Courts, Amsterdam University Press, Amsterd,am, 2010, 304 pp.

The Program Era: Review By Catherine Cole, Catherine Cole

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

Book review of:

Mark McGurl The Program Era: Postwar Fiction and the Rise of Creative Writing Harvard University Press, Cambridge, MA 2009 ISBN 9780674062092 Pb 466pp AUD24.95 ISBN 9780674033191 Hb 466pp AUD64.99

Life Before Somerville, Andrew Whelan

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

Life before Somerville: certainly there must have been such a thing, though it seems a foreign country. My background is perhaps 'unconventional', although at the stage where my trajectory towards Somerville began to sediment, oddly representative of the time. I was born in 1974 in Dublin, a second child with a brother 4 years senior. There was a younger brother to come, 8 years later. My parents met at Oxford. My father was working for a BPhil in International Law at Pembroke and my mother was doing English at Somerville: there is rather a long line of Somervillians in my …

La Percepción De La Nasalidad En Las Vocales Españolas, Alfredo Herrero De Haro

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

The nasality is an element that we constantly reproduce unconsciously in Spanish. Spanish speakers ignore, in the majority of cases, the importance of a phenomenon of our language which has different purposes, such as providing naturalness and continuity to the audio sequence and even, in certain regional varieties, exercises a function of discrimination between words (phonemes); This occurs, for example, in the Albaicín, a neighborhood of Granada where tends to neutralize/n/in absolute final position and the nasality of the vowel is what allows you to discriminate between has / have, yes / no, etc. In this experiment we have studied …

The Coroner's Recommendation: Fulfilling Its Potential? A Perspective From The Aboriginal Legal Service [Nsw/Act], Raymond Brazil

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

Coroners Acts in New South Wales (‘NSW’) and the Australian Capital Territory (‘ACT’) confer on coroners jurisdiction to conduct inquests into certain kinds of death. As the outcome of a hearing, a coroner is tasked by their legislation to reach and record prescribed findings relating to the deceased, their death, and its manner and cause. These determinations enable that death to be registered under the relevant Birth, Deaths and Marriages legislation. If, though, this information can be established from preliminary investigations, a coroner has the discretion to dispense with an inquest hearing, unless the death investigated is of a category …

Behind The Scenes Of Hallyu Down Under, Brian Yecies

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

Like fusion cuisine, international film co-productions have become commonplace in the 21st century, but getting the balance of flavours right is still a challenge in the case of a couple of recent collaborations - especially where the creation of original and dynamic soundscapes has been a critical factor - a pinch of aussie technical skill and ingenuity has proven to be a key ingredient.

From Theory To Practice In Development, Susan N. Engel

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

As decolonisation movements gathered strength following World War II, independence and development were seen to go hand-in-hand and thanks partly to President Truman’s 20 January 1949 Inaugural Address linking the fight against communism with development assistance, aid and expertise from the West have been a driving force in development programs. Moreover, development economics and development practices have operated in tandem structuralist and Dependency theory ideas outlined in the excerpt by Paul Sweezy in this book were influential in the early postwar period on the practices of developing countries. Donors, though, were more influenced in this period by the Keynesian/neoclassical synthesis …

Understanding Fictional Minds Without Theory Of Mind!, Daniel Hutto

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

This paper explores the idea that when dealing with certain kinds of narratives, ‘like it or not’, consumers of fiction will bring the same sorts of skills (or at least a subset of them) to bear that they use when dealing with actual minds. Let us call this the ‘Same Resources Thesis’. I believe the ‘Same Resources Thesis’ is true. But this is because I defend the view that engaging in narrative practices is the normal developmental route through which children acquire the capacity to make sense of what it is to act for a reason. If so, narratives are …

Philippine Territorial Boundaries: Internal Tensions, Colonial Baggage, Ambivalent Conformity, Lowell Bautista

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

The territorial boundaries of the Philippines, inherited from Spain and the United States in 1898, are disputed in international law. The boundaries of the Philippines are not recognised by the international community for two principal reasons: first, because of the fundamental position of the Philippines that the limits of its national territory are the boundaries laid down in the 1898 Treaty of Paris which ceded the Philippines from Spain to the United States; and second, is its claim that all the waters embraced within these imaginary lines are its territorial waters. The Philippine Government is not unaware of these issues …

Binary Love - Artwork Exhibited In The Exhibition New Psychedelia, Madeleine T. Kelly

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

In recent years psychedelic ideas and aesthetics have made a notable return to contemporary art. The current influence of psychedelia has developed in response to the growing impact of global capital and technology on daily life. New Psychedelia presents a range of contemporary Australian artworks that display psychedelic influences and strategies for addressing the themes of consciousness, capitalism and technology. The exhibition will feature existing artworks alongside new site-specific works commissioned for the exhibition.

Obituary: Kondelea (Della) Elliott (1917-2011), Rowan Cahill

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

In 1902 Lenin published the political tract which became a basic text for left-wing activists titled 'What is to be Done?'. Della Elliott tended not to ask that question; rather she saw what had to be done, and got in and did it. In the process, her doing was careful, meticulous, and professional; all the metaphorical'i's were dotted, and the 't's crossed. Moving away from metaphors to actualities, spelling had to be correct, and meanings clear.

Choreography Of War Reportage; Pathfinder Closing; Dream Weapon; Protean World - Works Of Art Exhibited In The Exhibition Ten Years Of Contemporary Art: The James C Sourris Collection, Madeleine T. Kelly

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

Madeleine Kelly’s paintings present an inscrutable iconography, drawing on complex associations — from contemporary politics to classical mythology and the artist’s own concern with environmental degradation. While Kelly often engages topical issues, her work is never didactic.

These two paintings were created out of the artist’s concern with humanity’s dependence on fossil fuels and the devastating consequences this will have. Kelly says she ‘investigated the archaeological metaphor and its potential to create new meaning . . . to represent our relationship with the environment, both natural and artificial’. The end result is a persistent sense of foreboding.

Split Unity; Finders Keepers; Disguise The Limit - Works Of Art Exhibited In The Exhibition Australia Felix, Madeleine T. Kelly

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

Madeleine Kellly investigates the archaeological metaphor and its potential to create new meaning. In particular, she focuses on its capacity to represent human relations with the environment, both natural and artifical. In her paintings, mythically charged signs are replicated, recontextualized, and re-scaled. By altering scale and proportions, she skews and shifts reality. Through anamorphic distortion, emphasis on internal articulation, cultural mapping, and biomorphic forms, the works are composed as 'archaeological constellations'. While her projects are not prointedly on ecological sustainability, they allude to the complexity of often politically sensitive informaiton and its impact on humanity.

Consciousness, Daniel D. Hutto

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

Anyone who is looking for a clear, concise and accurate lay of the land with respect to contemporary, analytic, theories of consciousness would do well to get hold of this book. Its first half contains a handy survey and critical assessment of current theories of (1) qualia, and (2) what awareness of qualia involves. Yet it is not a textbook. For its second half, beginning at Chapter five, develops a new, representationalist theory of consciousness. Building on the insightful, but underdeveloped, ideas of Gilbert Harman, Hill’s main ambition is to defend a thorough-going representationalism about consciousness, while, along the way, …

Urbanizing Frontiers: Indigenous Peoples And Settlers In 19th-Century Pacific Rim Cities [Book Review], Frances Steel

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

In Australia, classical notions of the frontier and its associated histories of invasion, displacement and violence would tend to point us towards the outback or the bush rather than the urban centres where most of us live today. Penelope Edmonds thoroughly unsettles this notion of a distant frontier by moving it back to the edges of the continent, to the port towns where Europeans first landed and where most of them remained. The frontier was not simply 'out there', synonymous with the unruly boundaries of an expanding pastoral economy, but very close to home. This reorientation recognises that our cities …