Law Commons^™

Global Ethics: Increasing Our Positive Impact, Keith Horton

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

Global ethics is no ordinary subject. It includes some of the most urgent and momentous issues the world faces, such as extreme poverty and climate change. Given this, any adequate review of that subject should, I suggest, ask some questions about the relation between what those working in that subject do and the real-world phenomena that are the object of their study. The main question I focus on in this essay is this: should academics and others working in the field of global ethics take new measures aimed at having more real-world positive impact on the phenomena they study? Should …

A Robot Walks Into A Room: Google Art Project, The New Aesthetic, And The Accident Of Art, Susan (Su) Ballard

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

On the 1st February 2011 Google unleashed the Google Art Project, a new way to engage with the major collections of the world’s art galleries. With the Google Art Project came a new way of viewing, not just art but the other objects that inhabit art galleries. Google Art Project depends on a robot looking machine. This aesthetic machine is a different form of digital material that has entered into what have for a long time been quiet still spaces for human, and not machine contemplation. With an equal focus on the spaces between things as much as on the …

Submission To The 2015 Defence White Paper, Christopher Rahman

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

This submission establishes why a capable Defence Force is needed by outlining enduring features of the nature of international politics: * It remains an arena of competition and conflict, and even is war prone * Bad things happen, including surprises and the genuinely shocking * Uncertainty abounds It also explains why the character of the current strategic environment is not permissive of assumptions of peace and prosperity, due to both global and regional challenges: * Great power competition is growing * Russia and China, in particular, are dissatisfied powers * The United States remains global strategically preponderant but the international …

The Contribution Of Nearshore Fish Aggregating Devices (Fads) To Food Security And Livelihoods In Solomon Islands, J Albert, Doug Beare, Anne-Maree Schwarz, Simon Albert, Regon Warren, James Teri, Faye Siota, Neil Andrew

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

Fish aggregating devices, or FADs, are used widely in developing countries to concentrate pelagic fish, making them easier to catch. Nearshore FADs anchored close to the coast allow access for rural communities, but despite their popularity among policy makers, there is a dearth of empirical analysis of their contributions to the supply of fish and to fisheries management. In this paper we demonstrate that nearshore FADs increased the supply of fish to four communities in Solomon Islands. Estimated total annual fish catch ranged from 4300 to 12 000 kg across the study villages, with nearshore FADs contributing up to 45% …

Gigantic Shipbuilders Under The Imo Mandate Of Ghg Emissions: With Special References To China, Japan And Korea, Yubing Shi

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

To address greenhouse gas emissions from international shipping, the International Maritime Organization has adopted technical and operational measures, and discussed the possibilihj of adopting market-based measures. China, Japan and South Korea are major shipbuilding nations in the world, and have differing responses towards the IMO's regulatory initiatives. This paper conducts a comparative assessment of these three countries' positions on regulatory principles of the greenhouse gas issue, and concludes that their differentiated perspectives on this matter reflect their different regulatory interests. It is significant to take their differentiated interests into account in the developing regulatory regime to avoid disproportionate burdens being …

Blogging As Art, Art As Research, Lucas Ihlein

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

Since 2003, I have used a blog to collect and publish my ideas about art and social engagement, or to write short accounts of artworks I have witnessed and participated in (Ihlein 2003). What motivates me to blog in this way is the desire to leave behind an experiential document of ephemeral art practices. Conceptual art, performance art, Happenings, Fluxus events and Expanded Cinema: all these constitute important moments in avant-garde art history which I 'know' only by accessing fragmentary, in complete archival documents - photographs, videotapes, artists' statements. For artists working today, these archives make a significant contribution to …

Making Enactivism Even More Embodied, Shaun Gallagher, M Bower

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

The full scope of enactivist approaches to cognition includes not only a focus on sensory-motor contingencies and physical affordances for action, but also an emphasis on affective factors of embodiment and intersubjective affordances for social interaction. This strong conception of embodied cognition calls for a new way to think about the role of the brain in the larger system of brain-body-environment. We ask whether recent work on predictive coding offers a way to think about brain function in an enactive system, and we suggest that a positive answer is possible if we interpret predictive coding in a more enactive way, …

Do Objects Dream Of An Internet Of Things?, Teodor Mitew

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

This paper develops the notion of heteroclite sociable objects in the context of the emerging internet of things, and examines their transformative effect for understandings of sociability and agency. The notion of sociable objects attempts to capture the heterogeneous identity-shift occurring when heretofore obscure and mute objects ranging from toasters to thermostats acquire the agencies to leave semantically distinct traces online, and detour their human interlocutors into an object-mediated entanglement. Using a toolkit drawn from actor network theory and object oriented ontology, the paper discusses several examples illustrating the case for new parameters of sociability, better suited to a materiality …

Snowden's Lessons For Whistleblowers, Brian Martin

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

In June 2013, Edward Snowden burst onto the world media scene. He had worked as a contractor for the National Security Agency and collected a vast quantity of top-secret documents. Snowden leaked the documents to the Guardian, a well-known British newspaper and media group, revealing that the NSA had been secretly carrying out extensive spying on electronic communications. Snowden quickly became one of the world's best known whistleblowers. As well as extensive commentary in the mass and social media, several major books have been published about him and his revelations.

Stills Fragments Landscapes, Jo Law, Louise Curham

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

Stills | Fragments | Landscapes extends landscape paintings into moving image forms of film, video, and animation movement. This new collaboration between Jo Law and Louise Curham transforms everyday spaces into poetic and lyrical vignettes in a series of moving image works by combining hand­processed analogue motion film with hand drawn animation. These crafted images generate an irrepressible rhythm in the manner of zuihitsu fragmentary prose. Installed as a moving landscape, the work creates a contemplative room that offers time and pleasure for the visitor.

Enforcement Cooperation In Combating Illegal And Unauthorized Fishing: An Assessment Of Contemporary Practice, Stuart Kaye

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

The emergence of the exclusive economic zone (EEZ) in the 1970s placed potentially vast areas of the sea under national jurisdiction. Moving from relatively modest territorial seas close to the coast as the only basis of fisheries jurisdiction for States, the international community suddenly embraced a new form of jurisdiction over resources that extended fisheries up to 200 nautical miles from land. This extension brought over one third of the world's oceans, or, more importantly, approximately 90% of the world's wild fish catch, under national jurisdiction.

Hope Logics: Biomedicine, Affective Conventions Of Cancer, And The Governing Of Biocitizenry, Nadine Ehlers, Shiloh Krupar

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

This essay explores the deployment of hope within biomedicine. Drawing on Michel Foucault’s account of biopolitics, it argues that hope works in the service of biopolitical imperatives to govern life, and to secure, optimize, and speculate on that life. The essay broadly considers the operations of affect in biomedicine, and specifically examines the governing function of affective conventions of hope—that is, the perceptual, emotional, and corporeal modes of managing and responding to events that support biomedicine’s telos toward the affirmation of life. In relation to illness, hope conditions responses to bodily vulnerability and uncertainty, manages the present for the future, …

Walking And Mapping: Artists As Cartographers By Karen O'Rourke (Review), Michael Leggett

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

In Walking and Mapping, both senses of the term "mapping" are caught up in a detailed hagiography of artists who, in one way or another, engage with movement through space, mainly as walkers. Records of the experience, by both the participants and the creators of the artworks, are mapped across both contemporary and historical time spectrums.

Impunity Of Frequent Corporate Homicides By Recurrent Fires At Garment Factories In Bangladesh: Bangladeshi Culpable Homicide Compared With Its Equivalents In The United Kingdom And Australia, S M. Solaiman, Afroza Begum

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

How corporations can be best prevented from causing deaths of others has been a critical concern of judges, legislators, prosecutors and academics alike around the world since the 19th century. Concerns for workplace safety have mounted globally in recent decades, propelling the demand for industrial manslaughter prosecution as a more effective use of criminal suits. Like the regulation of human conduct, criminal Jaw is considered to be an instrument for changing corporate behaviour in a way that fosters future conformity with the expectations of society.

Hayloft's Thyestes: Adapting Seneca For The Australian Stage And Context, Margaret Hamilton

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

This essay examines The Hayloft Project's theatre production Thyestes, first performed at the Malthouse Theatre in Melbourne in 2010. It takes as its starting point public criticism of the practice of adaptation as a derivative form. Contrary to this position, the essay applies recent theorizations of theatre as a hypermedium in order to argue that adaptation is an integral, structural component of theatre rather than simply an intertextual, representational strategy. In doing so, it positions Brechtian approaches to the medium as a historical precedent through which to consider the dramaturgical strategies at work in the production, and it extrapolates on …

Should Malaysia Reopen Batu Puteh?, Mohd Hazmi Bin Mohd Rusli, Rahmat Mohamad, Lowell Bautista

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

The International Court of Justice (ICJ) awarded Batu Puteh (Pedra Branca) to Singapore in 2008. However, the sovereignty over the Middle Rocks, a maritime feature that is located about one kilometre from Batu Puteh was granted to Malaysia. This decision left a huge impact for maritime boundary delimitations in this region and incited mixed feelings among Malaysians, Singaporeans and the global community as a whole. Quite recently, the Sultan of Johor has suggested for a special team to be established in making an appeal against the decision of the ICJ in 2008. This article therefore discusses the potential legal and …

The Nation Or The Globe?: Australian Literature And/In The World, Antonio Simoes Da Silva

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

Although far more nuanced and complex than am I suggesting here, I want to take the central thesis in Philip Mead’s ‘Proust at Caloundra’, a review-essay of Robert Dixon and Brigid Rooney’s Scenes of Reading: Is Australian Literature a World Literature? (2013), as a reminder of the importance of the national, and indeed the local, in the transnational turn in literary studies of the last decade or so. As Mead notes, slightly tongue-in-cheek, ‘[a]ll models of the world literary system … are structured according to complex political and cultural geometries and desires, as much as by national cultural genetics. There …

Research The Whistleblowers Want - And What They Need, Brian Martin

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

The topic of this chapter is research helpful to whistleblowers. I begin by outlining my experiences as a whistleblower adviser and describing some of the insights this role provides. Then I discuss what whistleblowers really need: practical skills and insights into the ways organizations and society operate. Next is an outline of the ways that research can help whistleblowers. Finally, I list a variety of research areas that I think are highly relevant to whistleblowers. These offer a research agenda oriented to those on the front line.

Tactics Of Political Lying: The Iguanas Affair, Brian Martin

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

Political lying recurrently becomes a major issue in the media. Audience members seldom have first-hand information and hence rely on media stories to assess claims. Although background information may not be available, the tactics used by key players are more likely to be reported. Two models for analysing tactics are introduced, one based on methods of deception, detection and response, the other based on methods to reduce or increase outrage over something perceived to be wrong. Each model is applied to claims and counterclaims concerning the behaviour of two Australian politicians. Most of the tactics used in the case study …

El Mobbing En La Esfera Pública: El Fenómeno Y Sus Características, Brian Martin, Florencia Pena Saint Martin

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

In workplace studies, mobbing is a recognised phenomenon worldwide (Hoel, Cooper and Faragher, 2001; McKay et al., 2008; Oceguera, Aldrete and Ruíz, 2009; Rayner and Keashly, 2005; Seydl, 2005; and many others). It can be defined as a group systematically attacking a person's reputation for a long period of time, using negative communication as a weapon. The intention is to destroy the target's value as a reliable individual, initially causing them to lose power and prestige, with the long-term goal of achieving their dismissal, resignation or general ostracism. Our aim is to demonstrate that this kind of behaviour can also …

Disability, Abnormality And Criminal Law: Sterilisation As Lawful And 'Good' Violence, Linda Roslyn Steele

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

This article analyses the place of the intersections of the criminal law of assault and the Family Court's welfare jurisdiction in rendering Family Court authorised sterilisation of girls with intellectual disability a legally permissible form of violence. The article does this by examining court authorised sterilisation of girls with intellectual disability by reference to the concepts of 'legal violence' and 'abnormality'. The article's central argument is that Family Court authorised sterilisation of girls with intellectual disability is a form of lawful and 'good' violence against abnormal legal subjects. Such girls are - by reason of their incapacity - positioned outside …

Disability At The Periphery: Legal Theory, Disability And Criminal Law, Linda Roslyn Steele, Stuart Dm Thomas

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

This special issue of the Griffith Law Review is dedicated to an examination of the relationships and intersections between disability, criminal law and legal theory. Despite the centrality of disability to the doctrines, operation and reform of criminal law, disability continues to inhabit a marginal location in legal theoretical engagement with criminal law. This special issue proceeds from a contestation of disability as an individual, medical condition and instead explores disability's social, political and cultural contexts. This kind of approach directs critical attention to questioning many aspects of the relationships between disability and criminal law which have otherwise been taken …

Radiodoc Review: Developing Critical Theory Of The Radio Documentary And Feature Form, Siobhan Mchugh

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

In 2013, the author founded an online journal, RadioDoc Review, to develop critical theory of the radio documentary/feature form and define production and research excellence in this under-researched field. Its international editorial board, comprising eminent scholars, acclaimed practitioners and key industry figures, selects audio works to be co-reviewed each volume. RadioDoc Review Volume 1 (2014) contains 31,000 words of ground-breaking analysis of the radio documentary/feature form, disseminated under the University of Wollongong's Open Access policy. Via promotion on social media, the journal has developed a significant international following, and the expert reviews have fomented debate in radio studies and in …

Gleams Of Light: Evolving Knowledge In Writing Creative Arts Doctorates, Diana Wood Conroy

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

From the mid-1980s to the present, art schools have embedded themselves within university structures in Australia. Around 35 universities now offer research degrees in creative arts (Baker and Buckley, 2009). Accompanying this development, the teaching of art practice and theory has followed the humanities in embracing philosophies of semiotics and post-structuralism from Europe and America through the lenses of feminism and postcolonialism.

The Occitanists And The Eu: A Minority's Turn Around, Henri A. Jeanjean

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

The concept of French identity has always been linked with French language. Regional movements, such as the occitans, fighting for the survival of their culture and their language, have historically posed a challenge to the very concept of France as an identity which, in its most accepted form, denies the existence of other languages, cultures and identities within its borders.

Getting My Hands Dirty: Research And Writing, Shady E. Cosgrove

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

Biographical note:

Shady Cosgrove is a Senior Lecturer at the University of Wollongong. Her novel What the Ground Can’t Hold (Picador 2013) tells the story of a group of people stranded in the Andes, all of whom have links to Argentina’s Dirty War. Her memoir She Played Elvis (Allen and Unwin, 2009) was shortlisted for the Australian Vogel Literary Prize, and her short stories and articles have appeared in Best Australian Stories, Antipodes, Southerly, Overland, the Sydney Morning Herald and the Melbourne Age. She has also written about the ethics of representation and teaching of creative writing. For further information …

The Necessity Of The New: Between The Modern And The Contemporary, Ian A. Mclean

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

'"The contemporary" is a curious neologism,' observed James Meyer, as the definite article lends this 'adjective or noun denoting a shared temporality of persons, things, or events ... a new importance.' The definite article announced the art world's big discovery around the turn of the twenty-first century: that the word 'contemporary' had, like the term 'modern' before it, acquired a theoretical and, indeed, metaphysical density. The contemporary, as more than a few art critics say these days, is the new modern. To make this claim, whether as an act of succession or negation, is to invest in a loaded history. …

Tim Winton: Critical Essays, Edited By Lyn Mccredden And Nathanael O'Reilly, Colleen Mcgloin

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

[extract] As the editors of Tim Winton: Critical Essays rightly note, literary criticism of Tim Winton’s work has been sparse to date. This observation is supported elsewhere (Rooney, 2009, 159) and by this writer who was at a loss in recent times when seeking critical works that might enrich a feminist reading of Breath (2008). The long overdue volume of critical works in Tim Winton: Critical Essays is therefore a most welcome contribution both to Winton studies and to literary criticism. Critical essays in this volume draw from a wide range of standpoints, critiques and reflections, bringing together a remarkably …

Educating Law Students For Rural And Regional Practice: Embedding Place Based Perspectives In Law Curricula, Amanda Kennedy, Trish Mundy, Jennifer Nielsen, Caroline Hart, Richard Coverdale, Reid Mortensen, Theresa Smith-Ruig, Claire Macken

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

The attraction and retention of professionals generally in rural and regional Australia is an on-going concern. Recent attention has focused upon the recruitment of lawyers and legal professionals to rural and regional areas, where the proportion of lawyers practising has steadily declined over the past twenty years. While the precise extent of the decline is difficult to assess, and the causes of recruitment and retention issues for lawyers in rural and regional areas are nuanced and can vary from region to region, it is clear that concern about attraction and retention is a national one. A national survey conducted in …

Erecting Malaysia's Maritime Fence Over The Straits Of Malacca And Singapore, Mohd Hazmi Bin Mohd Rusli, Abdul Ghafur Hamid Khin Maung Sein, Wan Izatul Asma Binti Wan Talaat, Maizatun Binti Mustafa

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

Malaysia shares the Straits of Malacca and Singapore with Indonesia, Singapore and briefly, with Thailand. Before colonial times, there were no proper maritime boundary delimitation within the Straits of Malacca and Singapore. The Anglo-Dutch Treaty of 1824 has divided the Straits of Malacca and Singapore into two spheres of dominions, which later on became the basis of modern territories of Malaysia, Indonesia and Singapore. Since independence in 1957, Malaysia has been working closely with Thailand, Indonesia and Singapore to properly demarcate maritime boundary lines in the Straits of Malacca and Singapore. Nevertheless, there are still unresolved issues between these littoral …