Law Commons^™

Migrant Workers As Political Agents—Analysis Of Migrant Labourers’ ‘Production Of Everyday Spaces’ In Japan, Hironori Onuki

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

While specifically focusing on the context of Japan (one of the major destinations of Asian as well as other migrant workers), my research investigates the concrete, contingent and situated practices of global labour migration. the primary research question of my project is: how far and in what ways are global labour migrations implicated in as well as resisting the neoliberal restructing of global political economy? The central hypothesis is that migrant worders, as political subjects, and their everyday social practices not only participate in and depend on but also contest and negotiate the neo-liberal re-configurations of labour-capital relation in the …

The Electric Thinking House - Artwork Exhibited In The Exhibition Twenty Twenty, Madeleine T. Kelly

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

No abstract provided.

Toward Inclusive Citizenship: Analysing Morality Within Citizenship Participation, Jane M. Lymer

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

The problem of attaining citizenship expansion has always been a question of how does one intervene in the political domain when one is not recognized as a political subject with a concomitant capacity for political participation. Historically, progress has been achieved by refiguring political agency as based on performance rather than entitlement. As such, many theorists concerned with attaining political citizenship for oppressed groups of people evoke protest and enactment as a means of citizenship expansion. While there is no doubt that such enactments and protests have been formative to highly developed civil rights, the ability to enact those rights …

Slash As Queer Utopia, Ika Willis

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

In Text, John Mowitt writes that textuality can be understood “in terms of the interplay between what takes place within a cultural production… and what, as yet, has no place within the social”. In this paper I will be trying to tease out the complicated topography produced by this interplay between what takes place and what has no place, in its specific relation to the utopic and queer spaces produced by slash fan fiction. I argue that Mowitt’s understanding of the text allows us to interrogate and to reframe the relationship between textuality and historical/social context (often metaphorized as ‘situatedness’, …

Photography, Cinema And Time In Jane Campion's The Piano And Gail Jones' Sixty Lights, Sukhmani Khorana

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

Using the logic of the absence-presence of light (through mimicking shadows and remnant ghosts) in the images/time-images of Gail Jones’ Sixty Lights and Jane Campion’s The Piano, this paper attempts to frame time such that the over-exposed past becomes the blank page of the future. I propose that history, when viewed in the light of the present, enables a truly open future for female and postcolonial subjects. It is important, therefore, to think of the blank page emerging from the over-exposed image not as symbolic of a psychoanalytic lack of the phallus, but as an open response in the wake …

La Maravilla Ensombrecida: Notas Sobre La Influencia Del Cuento De Hadas En La Literatura Distópica, Luis Gomez Romero

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

Según refiere Salman Rushdie, en el lejano país de Alifbay existe una ciudad sin nombre donde se fabrica y reparte la tristeza destinada al resto de la humanidad. No obstante, aún aquella ciudad innominada de vez en cuando recibe los beneplácitos de la Fortuna, de modo que en ella habita Rashid Khalifa, célebre cuenta-cuentos cuyas alegres historias le han granjeado no uno, sino dos sobrenombres. Sus admiradores le llaman Océano de Pensamientos porque su sesera se encuentra tan repleta de historias felices como lo está el mar de peces taciturnos. Para sus celosos rivales, en cambio, es el Sha de …

Narrative And Understanding Persons, Daniel Hutto

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

Our world is replete with narratives—narratives of our making that are uniquely appreciated by us. This can hardly be denied, certainly if by ‘narratives’ we have in mind only those of the purely discursive variety—i.e. those complex representations that relate and describe the course of some unique series of events, however humble, in a coherent but selective arrangement.1 Our capacity to create, enjoy and benefit from narratives so defined—be they factual or fictive—surely sets us apart from other creatures. Some, impressed by the prominence of this phenomenon in the traffic of human life, have been tempted to deploy that famous …

Bioprospecting Or Biopiracy: Does The Trips Agreement Undermine The Interests Of Developing Countries?, Lowell Bautista

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

The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) created within the framework of the World Trade Organization (WIO) poses a contentious discord between developed and developing nations. The criticism that TRIPS is nothing more than a modern vehicle of western imperialism encapsulates the perception that the TRIPS is inimical to the interests of developing countries.

The ostensible failure of the wro regime to raise the living standards of developing countries, a centerpiece putative effect of economic liberalization heralded in the Uruguay Round, miserably highlighted the fundamental social, cultural and widening economic differences between the two bipolarized camps.

Thinking Outside The Box: The South China Sea Issue And The United Nations Convention On The Law Of The Sea (Options, Limitations And Prospects), Lowell Bautista

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

The South China Sea issue is a geopolitical tinder box waiting to explode.2 It is clear that the primary reason for the claims is based on its strategic location and its hydrocarbon potential,3 However, this is more than a simple conflict over resources.4 The issue goes beyond the question of territorial sovereignty and natural resource jurisdiction.s This 1S more than a legalquestion of ownership.

The Narrative Practice Hypothesis: Origins And Applications Of Folk Psychology, Daniel Hutto

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

Psychologically normal adult humans make sense of intentional actions by trying to decide for which reason they were performed. This is a datum that requires our understanding. Although there have been interesting recent debates about how we should understand ‘reasons’, I will follow a long tradition and assume that, at a bare minimum, to act for a reason involves having appropriately interrelated beliefs and desires.

Review: Rethinking Commonsense Psychology: A Critique Of Folk Psychology, Theory Of Mind And Simulation, Daniel Hutto

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

Ask nearly any analytic philosopher of mind how we understand intentional actions performed for reasons and you are bound to be told that we do so by deploying mental concepts, such as beliefs and desires, in systematic ways. This way of making sense of actions is known as commonsense or folk psychology (or CSP or FP for short). There have been many interesting debates about CSP over the years. These have focused on questions including: How fundamental and universal is this practice? Which species engage in it? What mechanisms underwrite the competence? How is the ability acquired? And, what exactly …

Indigenous Women And The Rciadic Part Ii, E Marchetti

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

In the previous issue of the Indigenous Law Bulletin, I discussed the extent to which the official reports of the Royal Commission into Aboriginal Deaths in Custody (‘RCIADIC’) addressed the problems of Indigenous women.1 I concluded that although the official RCIADIC reports did not completely ignore Indigenous women, they did not sufficiently discuss the topics that had the most harmful impact on Indigenous women, namely family violence and police treatment of Indigenous women.

Dreams Of Utopia: An Exhibition By Gadens' Artist In Residence, Madeleine T. Kelly

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

These works explore recurrent themes of energy consumption, processing nature, human folly and progress. Collage methods are used to construct lyrical scenes that suggest alternative realities, where juxtaposed and absent elements create spaces for projection and gaps to be filled. Figures interacting and processing abstract material shapes evoke mythological realms.

Left Behind: Japan's Wartime Defeat And Stranded Women In Manchukuo, Rowena G. Ward

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

The zanryu fujin (stranded war wives) are former Japanese emigrants to Manchukuo who remained in China at the end of the Second World War. They were long among the forgotten legacies of Japan's imperialist past. The reasons why these women did not undergo repatriation during the years up to 1958, when large numbers of former colonial emigrants returned to Japan, are varied but in many cases, the 'Chinese' families that adopted them, or into which they married, played a part. The stories of survival during the period immediately after the entry of the Soviet Union into the Pacific War on …

A Story That Won't Fade Away: Compulsory Mass Suicide In The Battle Of Okinawa, Matthew Allen

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

A Story That Won't Fade Away: Compulsory Mass Suicide in the Battle of Okinawa, Kawabata Shunichi and Kitazawa Yuki, Introduction by Matthew Allen

Settler Colonialism And Decolonisation, Lorenzo Veracini

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

Appraising the evolution of settler colonial forms during the second half of the twentieth century can contribute to an appraisal of decolonisation processes. This is both because settler colonial forms have existed in a variety of sites of European colonial expansion (and have survived in a number of postcolonial polities), and because, contrary to other colonial forms, settler colonialism has been remarkably resistant to decolonisation. This article calls for integrating two non-communicating discursive fields: adding an appraisal of settler colonialism to discussions of decolonisation, and introducing decolonisation to analyses of settler colonial contexts. It briefly outlines a history of decolonizing …

Narrative And Media: Helen Fulton With Rosemary Huisman, Julian Murphet And Anne Dunn, Melbourne, 2005., Helen Caple

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

Book review

Narrative and Media Helen Fulton, with Rosemary Huisman, Julian Murphet, and Anne Dunn, Melbourne, 2005.

The book Narrative and Media should be of great interest to students and scholars of Media Studies alike. Coming from a post-structuralist perspective, the book interrogates the ideological implications of narrative strategies across the major forms of the media, and offers a clear and cogent explanation of how readers are positioned as consumers of the media. With the commodification of the media becoming more and more prevalent, media scholars need to develop a reliable set of theoretical tools rigorous enough to unpack how …

From Empire To Europe: Evolving British Policy In Respect Of Cross-Border Crime, Clive Harfield

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

The second half of the twentieth century witnessed the metamorphosis of Britain from a global, imperial power to a full (if sometimes ambivalent) member of the modern regional partnership that is the European Union (EU). During the same period, transnational criminal activity was transformed from an arena in which criminal fugitives sought merely to evade domestic justice through self-imposed exile to an environment in which improved travel and communication facilities enabled criminals to commute between national jurisdictions to commit crime or to participate in global criminal enterprises run along modern business lines. This development is so serious that it is …

'Kylie Tennant: A Life, By Jane Grant', Anne Collett

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

Book review of:

Jane Grant. Kylie Tennant: a Life. An Australian Life Series. Canberra: National Library of Australia, 2006, 156pp. ISBN: 064227617X (pb) AU $24.95

Breaking The Iron Collars, Rowan Cahill

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

Review of Kevin Baker, "Mutiny, Terrorism, Riots and Murder: A History of Sedition in Australia and New Zealand", Rosenberg Publishing: Dural, 2006.

Over My Dead Body: Multicultural Social Cohesion In Veronica Mars, Debra Dudek

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

This paper argues that Veronica Mars foregrounds the notion that multiculturalism is a "field of accumulating whiteness," to borrow Ghassan Hage's phrase, and that multicultural cohesion exists primarily when Brown and Black bodies gain cultural and symbolic capital by accumulating Whiteness.

Law's Empiricism Of The Object: How Law Recreates Cultural Objects In Its Own Image, Marett Leiboff

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

Watch an antique or collectables show on television, and more often than not, one segment is devoted to testing the knowledge of an expert panel (and sometimes members of the public) with a problem or 'mystery' object. The object of the exercise (no other word will do so the pun must stay), is to find out what the object actually is, what it was used for, and when it was used. Sometimes the experts know what it is, but more often than not, the host has to tell them. The only way an object can provide some kind of objective …

"Hating 'The Korean Wave'" Comic Books: A Sign Of New Nationalism In Japan?, Rumi Sakamoto, Matthew Allen

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

The internet has become an increasingly influential medium throughout East Asia. In this article we examine the case of Kenkanryu ('"Hating 'The Korean Wave'"), a manga published in 2005 in hard copy, but available online as a web comic for many months prior to print publication. We argue that the content, while nationalist, xenophobic, and 'toxic' is only one of a number of other, media-related reasons for the sales success of this comic in Japan. Other factors are the influence of online chat groups, the web as a means of communicating and selling ideas and products, and the internet-savvy way …

El Fondo Monetario Internacional Y La Promocion Del Estado De Derecho En Los Noventa: Condicionalidad Y Estados De Excepcion En Latinoamerica, Gabriel Garcia

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

Durante los noventa, las instituciones financieras internacionales alegaron que la triada democracia, mercado y Estado de Derecho era el camino hacia donde debian apuntar los paises a fin de promover su desarrollo. El Fondo Monetario Internacional (FMI) suscribio esta posicion y en el caso particular del Estado de Derecho, participo activamente en el esfuerzo global para lograr su fortalecimiento a traves de la nocion de la buena gobernanza (good governance). Sin embargo, la idea de Estado de Derecho manejada por el FMI constituyo un modelo impuesto externamente, que carecio de conexion con el ideal de democracia y motivo a varios …

"Only Scratch The Surface": Reading Franklin's Cockatoos, Leigh Dale

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

Miles Franklin's novel My Brilliant Career has attracted a great deal of critical attention, perhaps prompted in part by fascination with the way Franklin thematises reading itself. Much less attention has been given to a set of books which can be understood as sequels and interlocutors to Franklin's first and most famous novel. Among these are My Career Goes Bung, written soon after My Brilliant Career but not published until 1946; Cockatoos, probably begun around the same time, but not published until the year of Franklin's death, 1954; her most "genuine"(?) autobiography, Childhood at Brindabella, likewise published …

Artists Talk: Listen To The Imagination, Francesca T. Rendle-Short

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

How does the imagination work? How do artists working in different forms move from the very beginning of an idea to something they are ready to share with the world? How do artists - even the most experienced - contend with the possibility of failure? And, how do we develop a robust reflective and creative practice in our creative writing programs? This article doesn't pretend to answer these questions explicitly, rather, in its own elliptical style, it explores the possibilities of creation, how to express the inexpressible, how to share the most nascent of ideas. It introduces the reader to …

Migration Workers As Political Subjects: Globalization-As-Practices, Everyday Spaces, And Global Labour Migrations, Hironori Onuki

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

Within the currently intensified labour flows from developing societies to highly industrialized areas, the Philippines has been the largest supplier of government-sponsored contract workers. Overseas contract employment was institutionalized by the Philippine government in 1972 to tackle the problems of unemployment and foreign debt. The remittances from migrant workers have become a major source of foreign currency for the national economy, which led the then president Aquino to call overseas workers "national heroes." In this light, building upon Louise Amoore's conceptualization of globalization as sets of globalizing social practices, my essay will investigate the concrete, contingen,t and situated practices of …

Local Governance In Bangladesh: Towards A “Critical Mass” To Combat Discrimination Against Women With Special Reference To India, Afroza Begum

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

Women’s right to freedom from discrimination is the constitutionally entrenched fundamental right… and is repeatedly guaranteed in a series of legislation in Bangladesh. Bangladesh also assumes affirmative obligations to respect and ensure this right through ratifying over a dozen international human rights instruments. Despite that fact, discrimination persists in a pervasive form to deny women’s equal rights in legislative offices…, and women are unjustifiably deprived of their lawful rights and privileges….Legal initiatives and women’s activism across nations have forced to significant modifications in policies of political parties and laws to redress women’s meagre status in governance. Drawing upon this insight, …

Complicity, Critique And Methodology, Fiona Probyn-Rapsey

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

Contemporary cultural texts point towards the acknowledgment of complicity as a starting point for engagement with Others, with the world, readers, and histories that energize them.Here I discuss the critical role that complicity (both as an act and as a concept) plays in drawing out the complex interrelationships between historical pasts and present.

Kin-Fused Reconciliation: Bringing Them Home, Bringing Us Home, Fiona Probyn-Rapsey

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

At the height of the 1965 Freedom Rides through New South Wales, a violent demonstration of angry whites confronted students and local Aboriginal people as they tried to gain entry to the racially segregated pool in Moree. It occurred to one of the local organisers of the protest (Alderman Bob Brown) that the absurd thing about the violent demonstration was that most of those participating (on opposite sides) were in fact related to one another: a huge number of people in Moree are related, they may not be registered down at the registry office. the stupidity of it was that …