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A Living Tradition, Rowan Cahill Jul 2015

A Living Tradition, Rowan Cahill

Faculty of Law, Humanities and the Arts - Papers

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 ...


Why The World Is Wary Of China’S ‘Great Wall Of Sand’ In The Sea, Clive H. Schofield Jan 2015

Why The World Is Wary Of China’S ‘Great Wall Of Sand’ In The Sea, Clive H. Schofield

Faculty of Law, Humanities and the Arts - Papers

China’s neighbours have accused it of destroying an estimated 120 hectares of coral reef systems in the disputed Spratly Islands through land reclamation. EPA/Armed Forces of the Philippines.

The leaders of Southeast Asian nations recently took the extraordinary step of warning China that its island-building activities in the contested South China Sea “may undermine peace, security and stability” in the region.

That’s strong language from the usually reticent 10-member Association of Southeast Asian Nations (ASEAN), and shows just how high tempers are flaring over what has been called China’s “great wall of sand” in a strategically ...


Critical Pedagogy And Social Inclusion Policy In Australian Higher Education: Identifying The Disjunctions, Jeannette Stirling, Colleen Mcgloin Jan 2015

Critical Pedagogy And Social Inclusion Policy In Australian Higher Education: Identifying The Disjunctions, Jeannette Stirling, Colleen Mcgloin

Faculty of Law, Humanities and the Arts - Papers

Within neoliberalism, policy implementation assimilates issues of social justice, such as diversity, by incorporating them into frameworks that pay “lip service” to important issues affecting both students and educators. This paper critically engages with higher education policies in Australia dealing with social justice, diversity, and social inclusion. Our discussion draws largely from Freirian pedagogy as well as a selective range of critical theorists to consider what we see as a radical disconnection between policy and practice in our teaching. We argue that this disjunction can adversely affect students and educators and that attention to policy’s limitations is necessary in ...


Principles And Practice For The Equitable Governance Of Transboundary Natural Resources: Cross-Cutting Lessons For Marine Fisheries Management, Brooke M. Campbell, Quentin A. Hanich Jan 2015

Principles And Practice For The Equitable Governance Of Transboundary Natural Resources: Cross-Cutting Lessons For Marine Fisheries Management, Brooke M. Campbell, Quentin A. Hanich

Faculty of Law, Humanities and the Arts - Papers

Conflicts over the equitability of transboundary natural resource conservation and management schemes have created barriers to effective policy implementation and practice. In seeking to overcome these barriers in the context of progressing transboundary oceanic fisheries conservation, we explore the divide between equity as defined in principle and as applied in practice in international policy and law. Searching for cross-cutting lessons and themes, we first review multilateral environmental agreements to see how equity is commonly being defined, understood, and then applied in principle. From this analysis, we identify common elements that can facilitate the conceptual framing and application of equitable principles ...


Words For Pam, Rowan Cahill Jan 2015

Words For Pam, Rowan Cahill

Faculty of Law, Humanities and the Arts - Papers

Words spoken by Rowan Cahill during the funeral service for his wife, Pamela Anne Cahill (1948-2015), Wednesday, 24 June 2015

Pam was born in Melbourne in January 1948.

She was variously my friend, partner, and wife since 1966.

The cause of her death was an unexpected and unforgiving brain aneurysm.

Pam was a remarkable person, and a teacher since 1970 in Sydney, and in the Southern Highlands of NSW, one whose skills and care and personality and modesty touched the lives of many.

For her it was not a matter of building a CV or of attaining promotion or power ...


Why We Are Not All Novelists, Shaun Gallagher Jan 2015

Why We Are Not All Novelists, Shaun Gallagher

Faculty of Law, Humanities and the Arts - Papers

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.


Creation And Preservation: Teaching Colour Theory, Madeleine T. Kelly Jan 2015

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

Faculty of Law, Humanities and the Arts - Papers

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.


Social Cognition And Psychopathology: A Critical Overview, Shaun Gallagher, Somogy Varga Jan 2015

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

Faculty of Law, Humanities and the Arts - Papers

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 ...


Revisiting A Struggle: Port Kembla, 1938, Rowan Cahill Jan 2015

Revisiting A Struggle: Port Kembla, 1938, Rowan Cahill

Faculty of Law, Humanities and the Arts - Papers

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


Case Study: 27.4 Legal Instruments: Great Eastern Ranges Initiative, Malcolm D. Farrier Jan 2015

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

Faculty of Law, Humanities and the Arts - Papers

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).


Limits Of Naturalism: Plasticity, Finitude And The Imagination, Gregory C. Melleuish, Susanna G. Rizzo Jan 2015

Limits Of Naturalism: Plasticity, Finitude And The Imagination, Gregory C. Melleuish, Susanna G. Rizzo

Faculty of Law, Humanities and the Arts - Papers

This paper argues that the two primary features defining human beings are their finitude and plasticity and that this is the consequence that human beings live in a world which is constantly changing, hence historical. This means that the relationship between humans and their world is constantly changing and hence that relationship cannot be understood in a simple naturalistic fashion. Not only is there no ‘innocence of language’, but humanity relates to the world in a variety of ways ranging from prose to poetry to art and music. It is the continuous creation of this multiplicity of approaches to the ...


Institutional Influences On The Parameters Of Criminalisation: Parliamentary Scrutiny Of Criminal Law Bills In New South Wales, Luke J. Mcnamara, Julia Quilter Jan 2015

Institutional Influences On The Parameters Of Criminalisation: Parliamentary Scrutiny Of Criminal Law Bills In New South Wales, Luke J. Mcnamara, Julia Quilter

Faculty of Law, Humanities and the Arts - Papers

Within criminalisation scholarship, there has been little engagement with the work of ‘real-world’ mechanisms for promoting principled law-making, like the activities of parliamentary scrutiny committees. This article reports on an examination of the New South Wales (‘NSW’) Legislation Review Committee’s findings and recommendations in relation to all criminal law bills during the period 2010–12 and assesses the impact of the Committee’s recommendations on the passage of bills through the NSW Parliament. It considers whether the potential for scrutiny committees to play an effective role in delineating the legitimate boundaries of criminalisation is realised in practice.


The Asia-Pacific War And The Failed Second Anglo-Japanese Civilian Exchange, 1942-45, Rowena G. Ward Jan 2015

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

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 ...


Enduring Civilisation, Entangled Histories: Indigenous Australia: Enduring Civilisation At The British Museum, Ian A. Mclean Jan 2015

Enduring Civilisation, Entangled Histories: Indigenous Australia: Enduring Civilisation At The British Museum, Ian A. Mclean

Faculty of Law, Humanities and the Arts - Papers

With about 6200 artefacts, as well as photos and archival materials in its Australian collection, the British Museum (BM) is a rich mine for stories about Australia. However, while most of this collection can these days be seen online, it has featured little in the Museum’s headline stories of Mediterranean and Middle Eastern civilisations or been able to compete with its African galleries.


Spreading The Word: Using Cookbooks And Colonial Memoirs To Examine The Foodways Of British Colonials In Asia, 1850-1900, Cecilia Y. Leong-Salobir Jan 2015

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

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.


Translit As Thought-Events: Cloud Atlas And Storyland, Catherine Mckinnon Jan 2015

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

Faculty of Law, Humanities and the Arts - Papers

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 ...


Alcohol And Drug Fuelled Violence - Mandatory Aggravating Factor In Sentencing, Julia Quilter, Luke J. Mcnamara, Kate Seear, Robin Room Jan 2015

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

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.


Australia's Constitution Works Because It Doesn't Define National Identity, Gregory C. Melleuish Jan 2015

Australia's Constitution Works Because It Doesn't Define National Identity, Gregory C. Melleuish

Faculty of Law, Humanities and the Arts - Papers

When Australia’s Founding Fathers came together in the 1890s to draw up a constitution to enable the colonies to federate, what did they think they were doing? Looking at the debates and the Constitution itself, one thing is certain. They were not drawing up a document that defined what it means to be an Australian.

They were engaged in creating a document that would be acceptable to all parties and enshrined the political and legal principles which they had inherited from Great Britain. They looked to their British inheritance because they believed, quite correctly, that the (unwritten) British Constitution ...


Stemming The Black Tide: Cooperation On Oil Pollution Preparedness And Response In The South China Sea And East Asian Seas, Robin M. Warner Jan 2015

Stemming The Black Tide: Cooperation On Oil Pollution Preparedness And Response In The South China Sea And East Asian Seas, Robin M. Warner

Faculty of Law, Humanities and the Arts - Papers

As global hydrocarbon resources on shore steadily decline, there has been an increase in offshore hydrocarbon exploration and exploitation. Some estimates suggest that there are over 6,000 offshore oil and gas installations worldwide. Notwithstanding simmering disputes over the territorial sovereignty and associated maritime zones of a number of island groups in the South China Sea and adjacent East Asian seas, exploration for offshore oil and gas resources under national and joint development regimes has become a prominent feature of these areas. It is estimated that there are now over 1,390 offshore oil and gas installations in the South ...


It's Like Going To A Cemetery And Lighting A Candle: Aboriginal Australians, Sorry Business And Social Media, Bronwyn Carlson, Ryan Frazer Jan 2015

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

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 ...


Signal Eight Times: Nature, Catastrophic Extinction Events And Contemporary Art, Su Ballard Jan 2015

Signal Eight Times: Nature, Catastrophic Extinction Events And Contemporary Art, Su Ballard

Faculty of Law, Humanities and the Arts - Papers

Human animals bought up in the Western tradition tend to describe their encounters with other species as exchanges of power, and when confronted with extinction rush to the defence of the species at risk. This essay documents a different approach to the defence of nature. Basing itself on the work of six contemporary artists and drawing on the thought of Donna Haraway and Gregory Bateson I show how it is possible to comprehend the catastrophic extinction of birds in New Zealand by thinking about ecology. I argue that rather than defend nature, these artworks stage small moments of encounter, which ...


Livelihoods And Fisheries Governance In A Contemporary Pacific Island Setting, Reuben J. Sulu, Hampus B. Eriksson, Anne-Maree Schwarz, Neil L. Andrew, Grace Orirana, Meshach Sukulu, Janet Oeta, Daykin Harohau, Stephen Sibiti, Andrew Toritela, Doug Beare Jan 2015

Livelihoods And Fisheries Governance In A Contemporary Pacific Island Setting, Reuben J. Sulu, Hampus B. Eriksson, Anne-Maree Schwarz, Neil L. Andrew, Grace Orirana, Meshach Sukulu, Janet Oeta, Daykin Harohau, Stephen Sibiti, Andrew Toritela, Doug Beare

Faculty of Law, Humanities and the Arts - Papers

This is an open access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited. Inshore marine resources play an important role in the livelihoods of Pacific Island coastal communities. However, such reliance can be detrimental to inshore marine ecosystems. Understanding the livelihoods of coastal communities is important for devising relevant and effective fisheries management strategies. Semi-structured household interviews were conducted with householders in Langalanga Lagoon, Solomon Islands, to understand household livelihoods and resource governance in fishing-dependent communities. Households were engaged ...


Questioning Law’S Capacity, Fleur Beaupert, Linda Roslyn Steele Jan 2015

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

Faculty of Law, Humanities and the Arts - Papers

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.


Looking Beyond The Brain: Social Neuroscience Meets Narrative Practice, Daniel D. Hutto, Michael D. Kirchhoff Jan 2015

Looking Beyond The Brain: Social Neuroscience Meets Narrative Practice, Daniel D. Hutto, Michael D. Kirchhoff

Faculty of Law, Humanities and the Arts - Papers

Folk psychological practices are arguably the basis for our articulate ability to understand why people act as they do. This paper considers how social neuroscience could contribute to an explanation of the neural basis of folk psychology by understanding its relevant neural firing and wiring as a product of enculturation. Such a view is motivated by the hypothesis that folk psychological competence is established through engagement with narrative practices that form a familiar part of the human niche. Our major aim is to establish that conceiving of social neuroscience in this wider context is a tenable and promising alternative to ...


The Southern Tree Of Liberty Explained: Class Struggle, Popular Democracy And Representative Government In New South Wales Before, Terence Irving Jan 2015

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

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


Excerpts From Die Liparischen Inseln, Gaetano Rando Jan 2015

Excerpts From Die Liparischen Inseln, Gaetano Rando

Faculty of Law, Humanities and the Arts - Papers

Filicuri, 9 km and 5463 are square, rises in the west at some distance from Salina. It is made up of a single cone 773. 71 metres high and presents various lateral elevations among which the most prominent is the small 173.57 high peninsular of Capu Grazianu to the southeast.


The Eternal Return Of Irony: Gordon Bennett (1955-2014), Ian A. Mclean Jan 2015

The Eternal Return Of Irony: Gordon Bennett (1955-2014), Ian A. Mclean

Faculty of Law, Humanities and the Arts - Papers

While it is foolhardy to predict artists’ legacies, Rex Butler’s claim – made in an incisive review of Gordon Bennett’s retrospective at the National Gallery of Victoria in 2007 – would seem on safe ground as few artists had a greater impact on the Australian artworld in the early 1990s. However, Butler is an ironic critic who writes against the grain of his own thought. Conferring on Bennett a privileged place in the history of Australian art when the grand lineages of History have lost currency was an intentionally backhanded or ironic compliment.


The Rise Of The Global South, The Imf And The Future Of Law And Development, Gabriel Garcia Jan 2015

The Rise Of The Global South, The Imf And The Future Of Law And Development, Gabriel Garcia

Faculty of Law, Humanities and the Arts - Papers

Following the onset of the Asian Financial Crisis the world has witnessed a re-accommodation of the global financial system. In the particular case of middle-income countries they have disentangled themselves from the conditionality of the IMF and grown into more assertive actors in international forums, proposing new alternative mechanisms to become more financially independent and for the provision of development assistance. This article critically reviews the new reality by assessing the strategies deployed by developing countries to reduce the IMF's influence, and explores the potential consequences of the rise of middle-income nations for Law and Development.


Contemporary Indigenous Art, Ian A. Mclean Jan 2015

Contemporary Indigenous Art, Ian A. Mclean

Faculty of Law, Humanities and the Arts - Papers

A new exhibition of the NGV's collection of Indigenous and Torres Strait Islander art explores Indigenous art history and culture from the early nineteenth century to now. Situating this display within broader contemporary art issues, Professor Ian McLean sheds light on the art market's recent past and potential future.


If You Don’T Like Looking At Wind Farms, Why Not Build Them At Sea?, Clive Schofield Jan 2015

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

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.