Law Commons^™

Shame And The Anti-Feminist Backlash: Britain, Ireland And Australia, 1890-1920, Sharon Crozier-De Rosa

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

Shame and the Anti-Feminist Backlash examines how women opposed to the feminist campaign for the vote in early twentieth-century Britain, Ireland, and Australia used shame as a political tool. It demonstrates just how proficient women were in employing a diverse vocabulary of emotions - drawing on concepts like embarrassment, humiliation, honour, courage, and chivalry - in the attempt to achieve their political goals. It looks at how far nationalist contexts informed each gendered emotional community at a time when British imperial networks were under extreme duress. The book presents a unique history of gender and shame which demonstrates just how …

Vaccination Panic In Australia, Brian Martin

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

In 2009 in Australia, a citizens' campaign was launched to silence public criticism of vaccination. This campaign involved an extraordinary variety of techniques to denigrate, harass and censor public vaccine critics. It was unlike anything seen in other scientific controversies, involving everything from alleging beliefs in conspiracy theories to rewriting Wikipedia entries.

Utopia Or Dystopia: A Contested Space On Sydney's Urban Frontier, Ian Willis

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

Australia is a settler society where the rural-urban fringe of the major cities and regional centres is a contestable stage. There are a range of actors who compete in place making processes re-shaping the cultural landscape when there is collision over the ownership of space and the dominant narrative. This paper examines the proposition that Sydney's urban growth has created a zone of conflict on the city's metropolitan frontier between cultural heritage and the interests of development. In recent years Sydney's rural-urban fringe has encroached on the village boundaries of Menangle where there has been a collision between the expectation …

`A Frivolous Prosecution': Allegations Of Physical And Sexual Abuse Of Domestic Servants And The Defence Of Colonial Patriarchy In Darwin And Singapore, 1880s-1930s, Claire K. Lowrie

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

This chapter explores the relationship between domestic service, violence, and colonial masculinities in the settler colony of Darwin and the exploitation colony of Singapore. The chapter analyses representations of assault and abuse of domestic servants by their British, white Australian, and Chinese masters in order to illuminate the ways in which violence could challenge or sustain colonial patriarchy. The central argument is that the ways in which violence towards Chinese and Aboriginal servants was either justified or ignored by the press, colonial officials, and ordinary colonists reflected an underlying agenda to protect the reputation of ruling-class men and the colonial …

Incongruent Selves In Social Media And Privacy Law: Proposing A Humanistic Psychological Intervention, Yvonne M. Apolo

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

In our present culture of information fetishism and the frivolous pursuit of visibility, the parameters of the private sphere are shifting in unusual ways. Rather than staunchly guarding one's private life, many are seemingly complicit in the demise of their own privacy through, for example, the sharing of personal matters to large social media audiences, or via a more passive participation in networked technologies. The fragmentary, and somewhat feeble, state of privacy law in Australia is illustrative of law's ambivalence towards this contemporary privacy subject. As extant doctrines and discourses struggle to accommodate the incongruences surrounding our engagement with privacy …

A Biography Of Iceberg B09b, Elizabeth Leane, Ben Maddison

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

Icebergs have taken on dramatic new meanings in the Anthropocene. They have long been used as metaphors for an immensity present but unseen, but in the age of anthropogenic warming they also metonymically suggest unstable icesheets, shrinking glaciers and rising seas. Outside of scientific discourse, however, icebergs tend to be considered as a collective, interesting both in their symbolism and materiality, but rarely treated as individual objects with their own histories and futures. In this article, we canvas some of the ways in which humanities researchers have recently been thinking about ice, and in response offer a brief biography of …

Agricultural Inventiveness: Beyond Environmental Management?, Lucas M. Ihlein

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

In 2014, I began working on a collaborative art project called Sugar vs the Reef? The project came about following an invitation from John Sweet, a retired farmer and active community worker in the Queensland town of Mackay. Sweet's hunch was that the involvement of artists in a complex environmental management problem might help to catalyse positive transformations in the sugar cane industry, which is often accused of polluting the pristine waters of the Great Barrier Reef with agricultural run-off. This chapter is based on some of the early field research for Sugar vs the Reef? and my task is …

Art As Activism In Japan: The Case Of A Good-For-Nothing Kid And Her Pussy, Mark J. Mclelland

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

In this chapter I look at the various media discussions surrounding Rokudenashiko and her trial as well as activities that she engaged in to draw attention to her case. I point out how, even though the rationale behind Japan's obscenity law is to restrain and rein in text or representations that are considered injurious to the public good, in Rokudenashiko's case the international publicity she received has had the opposite effect and amplified both her own visibility and that of her message. However, not all recent obscenity charges in Japan have received this kind of international interest and support - …

Author's Response: Enactivism, Autonomy, Self And Other, Shaun Gallagher

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

The commentaries on my target article tend to be either supportive and expansive or corrective. I respond to these commentaries by focusing on issues that involve philosophical and scientific frameworks, concepts of autonomy, self, and social cognition broadly conceived.

The Problem With Apu: Why We Need Better Portrayals Of People Of Colour On Television, Sukhmani Khorana

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

Writing Apu out of The Simpsons is a simplistic solution to the issue of diversity in media. Instead, we need to support programming created by people of colour.

Food Security In Solomon Islands: Preliminary Results From A Survey Of Honiara Central Market, Nichole Georgeou, Charles Hawksley, James Monks

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

This article presents preliminary descriptive data findings from a study focusing on vendors and produce at the Honiara Central Market (HCM), the largest fresh food market in Solomon Islands and the main source of fresh produce for Honiara's growing population. The study aims to map the supply of fresh produce to HCM to provide baseline data that will enable the assessment of risks and vulnerabilities to the human and food security of Solomon Islands. This article first presents an overview of the relationship between human security and food security in Solomon Islands. It then provides a summary of the study …

The Shame Of The Violent Woman, Sharon Crozier-De Rosa

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

British and Irish suffragettes invited passionate opposition. British anti-suffragists were adamant that violence degraded womanhood. Physically, women were not suited to the exercise of physical force. Women’s bodies were built to facilitate the more nurturing and less destructive function of childbirth. Emotionally, they were not trained to engage in legitimate forms of violence as men were. Honour codes directed men’s use of violence. Men were directed to adhere to standards of courage, chivalry, and fairness when engaging in physical combat with each other. Women were not brought up to embody these virtues. Violent women were, therefore, aberrations. This chapter examines …

South China Sea Arbitration And Its Application To Dokdo, Seokwoo Lee, Leonardo Leonardo

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

On 12 July 2016, the Arbitral Tribunal formed under Annex VII of the 1982 United Nations Convention on the Law of the Sea issued its decision on the proceeding brought by the Philippines against China relating to certain activities in the South China Sea. The Tribunal's decision was hotly anticipated as it dealt with various important issues relating to law of the sea and the interpretation of the Convention. It dealt with issues including the jurisdiction of the Tribunal, the legal status of maritime features, historic rights, and duty to preserve the marine environment. Although it remains to be seen …

Advanced Cancer Patients' Construction Of Self During Oncology Consultations: A Transitivity Concordance Analysis, Neda Karimi, Annabelle Lukin, Alison Rotha Moore, Adam Walczak, Phyllis N. Butow

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

This paper explores advanced cancer patients' self-identification from a grammatical-concordance perspective. It combines corpus linguistics tool of concordance and transitivity analysis to investigate the grammatical choices that advanced cancer patients make to identify and construct themselves during an oncology consultation. The data comprises 69 oncology consultations between advanced cancer patients (and in some consultations a companion or companions) and their oncologist. Findings reveal that these advanced cancer patients identified themselves with an active and informed role in terms of self-care, decision-making and other administrative activities; they identified their everyday life as an indispensable part of the domain of medicine; and …

Using Strategic Culture To Understand Participation In Expeditionary Operations: Australia, Poland, And The Coalition Against The Islamic State, Fredrik Doeser, Joakim Eidenfalk

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

This article investigates how strategic culture influenced the decision-making of Australia and Poland regarding the global coalition against the Islamic State. In the coalition, Australia has followed its tradition of active participation in United States-led operations, while Poland has embarked on a more cautious line, thereby breaking with its previous policy of active participation. The article examines how Australian and Polish responses to the coalition were shaped by five cultural elements: dominant threat perception, core task of the armed forces, strategic partners, experiences of participating in coalitions of the willing, and approach to the international legality of expeditionary operations. It …

Keating & His Caucus, Anthony Ashbolt

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

Anthony Ashbolt is a lecturer in politics at the University of Wollongong. This is the text of his speech at the City Diggers Club, Wollongong, on the occasion of the launching of Keating and his Party Room by Jim Snow, published by Australian Scholarly Publishing in 2017.

Oceans In Transition: Incorporating Climate-Change Impacts Into Environmental Impact Assessment For Marine Areas Beyond National Jurisdiction, Robin M. Warner

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

The oceans and their biodiversity are coming under increasing threat from climate-change impacts including increasing water temperatures, deoxygenation, and ocean acidification. The adverse effects of climate change are exacerbating the stresses experienced by species, habitats, and ecosystems in all marine areas and diminishing the ecological services they provide. Identifying the nature and extent of climate-change impacts on marine biodiversity through environmental impact assessment and associated mitigation measures is a critical step towards lessening adverse impacts and stemming biodiversity loss. While legal and institutional frameworks for environmental impact assessment are well established for marine areas under national jurisdiction, collaborative structures and …

Part Xii Of The United Nations Convention On The Law Of The Sea And The Duty To Mitigate Against Climate Change: Making Out A Claim, Causation, And Related Issues, Seokwoo Lee, Lowell B. Bautista

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

Within the current state of international jurisprudence, there is a growing recognition of the importance of ocean environmental protection. One of the most significant recent examples is the decision in the South China Sea Arbitration, which recognized the obligation of States to protect and preserve the marine environment in disputed territorial or maritime areas. Despite this overall trend, however, serious gaps in State practice remain. In particular, current research on State practice of national and regional marine pollution contingency planning in the Asia-Pacific reveals that there has been little regard displayed in the region for accommodating a proactive approach to …

Migrant Labor And State Power: Vietnamese Workers In Malaysia And Vietnam, Angie Ngoc Tran, Vicki D. Crinis

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

Drawing on Foucault’s concepts of biopolitical subject formation and governmentality, this article seeks to understand transnational state power and how Vietnamese migrant workers negotiate within a transnational framework both while working in Malaysia and upon their return to Vietnam. By conducting multi-sited interviews in Vietnam and Malaysia between 2008 and 2015, we contribute to the transnational labor migration literature by focusing on Vietnamese factory and construction workers in Malaysia and their resistance to transnational state power. We argue that these two emerging economies, as part of the neoliberal world, use their systems, media, and technologies to produce and manage citizens …

Potter V. Minahan: Chinese Australians, The Law And Belonging In White Australia, Kate Bagnall

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

This article tells the story of James Minahan, the Melbourne-born son of a Chinese father and a white Australian mother who was arrested as a prohibited immigrant under the Immigration Restriction Act in 1908. Minahan had been taken to China by his father as a five-year-old boy in 1882 and failed the Dictation Test on his return to Australia 26 years later. After Minahan defeated the charge in the lower courts, the Commonwealth appealed to the High Court - an appeal they lost on the grounds that, despite his years overseas, Minahan had remained a member of the Australian community. …

With A New Prime Minister Nominated, The Nationals Have A Rare Chance To Assert Themselves, Gregory C. Melleuish

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

So, Scott Morrison, MP for The Shire, has won the leadership of the Liberal Party. One must wonder what role external factors played in his victory, including the vague threat by some National Party members that they would sit on the crossbenches had Dutton been victorious.

The Nexus Clause: A Peculiarly Australian Obstacle, Zachary Gorman, Gregory C. Melleuish

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

The nexus between the House of Representatives and the Senate as set out in Section 24 of the Australian Constitution states that the Senate be half the size of the House of Representatives. It was a constitutional provision without precedent, the only such clause in the Australian Constitution. Little work has been done on the nexus. This paper examines how it came into existence during the Constitutional Conventions largely as the consequence of two desires. One was to protect the power of the Senate and the place of the smaller states. The other was to prevent the overexpansion of the …

Divided Sisterhood? Nationalist Feminism And Feminist Militancy In England And Ireland, Sharon Crozier-De Rosa

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

The generally accepted story is that British militant suffragists performed an unexpected and abrupt move away from the feminist movement and towards a fiercely jingoistic nationalist campaign once the war began in 1914. Yet, given the nature of exchanges between Irish and British militant feminists, Irish feminists should not have been surprised by this turn from gender solidarity to English nationalism. In this article, I argue that Irish-British militant feminist entanglements worked to expose the powerful role that English nationalism played in suffrage politics at a time when nearly all the focus was on the disruptive influence of Irish nationalism.

Australian Literature’S Legacies Of Cultural Appropriation, Michael R. Griffiths

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

Non-Indigenous Australian writers face a dilemma. On the one hand, they can risk writing about Aboriginal people and culture and getting it wrong. On the other, they can avoid writing about Aboriginal culture and characters, but by doing so, erase Aboriginality from the story they tell.

Belonging In Time: Australian Women Playwrights In A Changing Landscape', Janys Hayes

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

No abstract provided.

Swarm Networks And The Design Process Of A Distributed Meme Warfare Campaign, Travis Wall, Teodor E. Mitew

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

No abstract provided.

Shahrazad In Cronulla: David Foster's Retelling Of One Thousand And One Nights In Sons Of The Rumour, Farzaneh Mayabadi, Wenche Ommundsen

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

This reading of David Foster’s Sons of the Rumour focuses on its frame story, a reworking of the frame story of One Thousand and One Nights. It provides an overview of the impact of One Thousand and One Nights on world literature and goes on to analyse how Foster reimagines One Thousand and One Nights in order to illustrate humanity’s struggle between the spiritual and the material world. Foster constructs a parallel dilemma for Al Morrisey, a secular Australian Jew, and the Shah, a Persian Muslim. Differences between them favours Al’s secularism over the Shah’s Islamic faith, and tends to …

Experiences Of Parents Who Support A Family Member With Intellectual Disability And Challenging Behaviour: "This Is What I Deal With Every Single Day", Shoshana J. Dreyfus, Leanne Dowse

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

Background: Research into parents' experiences of living with a family member with intellectual disability and challenging behaviour does not specifically address what parents say about themselves and their lives. This paper explores "I-statements" parents made about their day-today actions in life with their family member.

Methods: Semi-structured interviews were conducted with 26 parents, of which 91% were mothers. "I-statements" were analysed using process analysis from systemic functional linguistics and thematic analysis.

Results: "I-statements" showed that parents enacted a range of complex and sometimes extreme activities across a variety of life domains. Parents spoke about: managing relationships with …

The Gay Novel And The Gay World, Guy R. Davidson

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

In a recent review essay, J. Daniel Elam charts the emergence of “gay world literary fiction,” a subgenre of the category “world literature,” which over the last twenty years or so has become both a marketing strategy for publishers and a “disciplinary rallying point of literary criticism and the academic humanities.”1 While Elam’s essay is implicitly underpinned by the usual disciplinary understanding of world literature (fiction from potentially anywhere in the globe, translated into English, and studied comparatively), its focus is narrowed to the “gay world” within the planetary world—a putatively homogenous, transnational gay subculture enabled by digital connectivity and …

Gender And The Senses Of Agency, Nick Brancazio

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

This paper details the ways that gender structures our senses of agency on an enactive framework. While it is common to discuss how gender influences higher, narrative levels of cognition, as with the formulation of goals and in considerations about our identities, it is less clear how gender structures our more immediate, embodied processes, such as the minimal sense of agency. While enactivists often acknowledge that gender and other aspects of our socio-cultural situatedness shape our cognitive processes, there is little work on how this shaping takes place. In order to provide such an account, I will first look at …