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 …

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.

`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 …

Educating The Right Stuff: Lessons In Enactivist Learning, Shaun Gallagher

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

On an enactivist conception of cognition, the unit of explanation is not just the brain, not just the body, and not just the environment, but the body-brain-environment understood as a dynamically coupled structure or gestalt. On this view, referencing Viktor von Weizsäcker's metaphor of the gestalt circle (Gestaltkreis), the brain is not in the center of a circle issuing radial commands to elements on the circumference; rather, it is one element on that circumference, along with body and environment. Taking this idea into the educational context implies that one can intervene at any point on the circle to get results. …

The Extended Mind: State Of The Question, Shaun Gallagher

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

It has been twenty years since Clark and Chalmers published "The Extended Mind." In the present article I review the development of the extended mind hypothesis across what some proponents have defined as three theoretical "waves." From first-wave extended mind theory, based on the parity principle, to second-wave complementarity, to the third wave, characterized as an uneasy integration of predictive processing and enactivist dynamics, extended mind theorists have faced and solved a number of problems along the way. The fact that the hypothesis continues to spark debate and to generate both new insights and new objections suggests that it continues …

Enactivism And Predictive Processing: A Non-Representational View, Michael D. Kirchhoff, Ian Robertson

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

This paper starts by considering an argument for thinking that predictive processing (PP) is representational. This argument suggests that the Kullback-Leibler (KL)-divergence provides an accessible measure of misrepresentation, and therefore, a measure of representational content in hierarchical Bayesian inference. The paper then argues that while the KL-divergence is a measure of information, it does not establish a sufficient measure of representational content. We argue that this follows from the fact that the KL-divergence is a measure of relative entropy, which can be shown to be the same as covariance (through a set of additional steps). It is well known that …

To Shame Or Not To Shame-That Is The Sanitation Question, Myles Bateman, Susan N. Engel

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

The Community-Led Total Sanitation (CLTS) programme aims to end open defecation through facilitating activities that evoke a sense of shame, shock and disgust. The programme's initial success and low-cost design has seen it become hegemonic in donor-supported rural sanitation. However, the theoretical basis of the use of shame has not been critically evaluated. Supporters claim that shame helps form and maintain social relationships, yet contemporary psychosocial literature highlights that it is a volatile and often harmful emotion, particularly in conditions of poverty. Using a case study of Cambodia, which rejected the coercive elements of shame in CLTS, we explore the …

#Fear&Loathing In Sydney: Law, Justice And The Experience Of Fear In A Hashtag World, Cassandra E. Sharp

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

It is now commonplace for political discourse, news reports, and popular fictions to draw on themes of political violence and threats to national and individual security as mechanisms for the perpetuation of fear. Stories (whether fictive or factual) of terrorism, crisis, surveillance, racial stereotyping, and the fallibility of law have become a very real part of the mediated experience of fear for the public, and they provoke a number of questions surrounding complex issues of protectionism, identity, trust, and the conflation of law and justice. It has been argued that such stories are constructed and utilized by key decision-makers as …

The Meaning Of ''Intoxication'' In Australian Criminal Cases: Origins And Operation, Julia Quilter, Luke J. Mcnamara

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

Although alcohol and drug use features prominently in many areas of criminal offending, there has been limited investigation of how the effects of alcohol and other drugs are treated by criminal laws and the criminal justice system. This article examines the framing of judicial inquiries about ''intoxication'' in criminal cases in Australia. It illustrates the diverse types of evidence that may (or may not) be available to judges and juries when faced with the task of determining whether a person was relevantly ''intoxicated.'' It shows that in the absence of legislative guidance on how the task should be approached, courts …

Chasing The Thrill Or Just Passing The Time? Trialing A New Mixed Methods Approach To Understanding Heterogeneity Amongst Recreational Fishers Based On Motivations, Christopher A. Magee, Michelle A. Voyer, Alistair Mcilgorm, Owen H. Li

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

Human dimensions researchers and fisheries managers have long recognized the value of exploring the heterogeneity that exists amongst recreational fishers. Understanding the differences between fishers has the potential to assist managers in developing targeted communication strategies, direct resources to active management more efficiently and improve understanding of how fishers will respond to changes in regulations or new management interventions. Human dimensions research has traditionally explored fisher heterogeneity through research into the different reasons why people choose to fish, as well as attempts to categorize or segment fishers using variable based approaches. These studies have, to date, relied primarily on large …

Maritime Security And The Blue Economy: Intersections And Interdependencies In The Indian Ocean, Michelle A. Voyer, Clive H. Schofield, Kamal Azmi, Robin M. Warner, Alistair Mcilgorm, Genevieve Quirk

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

Maritime security is essential to supporting the Blue Economy. Many maritime security forums have been key supporters of the Blue Economy concept, particularly in the Indian Ocean region (IOR). This paper will explore the co-evolution and co-dependence of Blue Economy and maritime security agendas, with a particular focus on the IOR. It identifies two primary interactions between Blue Economy and maritime security interests. Firstly, maritime security is an enabler of the Blue Economy, for example, through safeguarding navigation routes, providing important oceanographic data to marine industries and protecting rights over valuable marine resources and activities within claimed zones of maritime …

How Blockchain Is Strengthening Tuna Traceability To Combat Illegal Fishing, Candice Visser, Quentin A. Hanich

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

In a significant development for global fisheries, blockchain technology is now being used to improve tuna traceability to help stop illegal and unsustainable fishing practices in the Pacific Islands tuna industry.

Context And Vowel Harmony: Are They Essential To Identify Underlying Word-Final /S/ In Eastern Andalusian Spanish?, Alfredo Herrero De Haro

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

Eastern Andalusian Spanish has been studied in detail; however, scholars have focused on production and the debate regarding its phonetic and phonological features is still ongoing. This paper analyses Eastern Andalusian Spanish perceptually to establish whether contextual information (articles, numerals, etc.) and vowel harmony are essential to identify underlying word-final /s/. The correct identification of underlying /s/ has been attributed to contextual information and to vowel harmony; however, no perceptual study has been performed to support these claims. A total of 7126 answers from 153 participants across two experiments are analysed to establish whether context and vowel harmony are necessary …

Writing, Motivation And Your Work In Progress: Catherine Cole On Writing Motivation And Finding Discipline In A Busy World, Catherine Cole

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

No abstract provided.

The Markov Blankets Of Life: Autonomy, Active Inference And The Free Energy Principle, Michael D. Kirchhoff, Thomas Parr, Ensor Palacios, Karl Friston, Julian Kiverstein

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

This work addresses the autonomous organization of biological systems. It does so by considering the boundaries of biological systems, from individual cells to Home sapiens, in terms of the presence of Markov blankets under the active inference scheme-a corollary of the free energy principle. A Markov blanket defines the boundaries of a system in a statistical sense. Here we consider how a collective of Markov blankets can self-assemble into a global system that itself has a Markov blanket; thereby providing an illustration of how autonomous systems can be understood as having layers of nested and self-sustaining boundaries. This allows us …

Promoting Learning: What Universities Don't Do, Brian Martin

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

Universities seek to promote student learning, but assessment and credentials can undermine students' intrinsic motivation to learn. Findings from research on how people learn, mindsets, expert performance and good health are seldom incorporated into the way universities organise learning experiences.

Under Mccormack, The Nationals Need To Accept They Are A Minority And Preserve Their Independence, Gregory C. Melleuish

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

The demise of Barnaby Joyce as leader of the National Party is an event of considerable importance in the long-term trajectory of Australian politics.

Revealed: The Extent Of Job-Swapping Between Public Servants And Fossil Fuel Lobbyists, Adam Robert Lucas

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

Last month Australia slipped further down the rankings in the international corruption index. Among a wide range of factors cited by Transparency International was Australia's "inappropriate industry lobbying in large-scale projects such as mining", as well as "revolving doors and a culture of mateship".

An Activist For All Seasons, Rowan Cahill

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

During his lifetime Robert Daniel "Bob" Walshe (1923-2018) was many things, variously factory labourer, soldier, communist, organiser, activist, pamphleteer, teacher, editor, publisher, historian, educationist, environmentalist. He was the author/co-author/editor of some forty books.

Geography Limits Island Small-Scale Fishery Production, Hampus B. Eriksson, Kim Friedman, Moses Amos, Ian Bertram, Kalo Pakoa, Rebecca Fisher, Neil L. Andrew

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

Interacting social and ecological processes shape productivity and sustainability of island small-scale fisheries (SSF). Understanding limits to productivity through historical catches help frame future expectations and management strategies, but SSF are dispersed and unaccounted, so long-term standardized data are largely absent for such analyses. We analysed 40 years of trade statistics of a SSF product that enter international markets (sea cucumber) from 14 Pacific Island Countries and Territories (PICT) against response variables to test predictors of fishery production: (i) scale, (ii) productivity and (iii) socio-economics. Combined production in PICT peaked over 20 years ago, driven by exploitation trends in Melanesia …

Can The Basel And Stockholm Conventions Provide A Global Framework To Reduce The Impact Of Marine Plastic Litter?, Karen Raubenheimer, Alistair Mcilgorm

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

The issues resulting from plastic waste in the marine environment have highlighted a general failure to control this pollutant on both land and at sea. The international community is now realising that the increasing growth in the amount of plastic pollution in the ocean is reaching a critical point. This has led to a questioning of the current international governance arrangements for marine litter. The environmental and socio-economic impacts of marine litter are a symptom of policy failures and greater action is required "upstream" by industry on land to reduce these impacts. The Stockholm and Basel Conventions are international binding …

Governments Can't Be Trusted To Deliver Welfare Standards For Chickens, Elizabeth J. Ellis

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

Claims of secret meetings and manipulation of the policy agenda. A split in government ranks, and threats to withdraw from a national review. It's all just part and parcel of the latest round in the development of Australian animal welfare standards and guidelines, in this case proposed new standards for the poultry and egg industries.

Menzies And Howard On Themselves: Liberal Memoir, Memory And Myth Making, Zachary Gorman, Gregory C. Melleuish

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

This article compares the memoirs of Sir Robert Menzies and John Howard, as well as Howard's book on Menzies, examining what these works by the two most successful Liberal prime ministers indicate about the evolution of the Liberal Party's liberalism. Howard's memoirs are far more 'political', candid and ideologically engaged than those of Menzies. Howard acknowledges that politics is about political power and winning it, while Menzies was more concerned with the political leader as statesman. Howard's works can be viewed as a continuation of the 'history wars'. He wishes to create a Liberal tradition to match that of the …

Coastal Climate Change And Transferable Development Rights, John Sheehan, Andrew H. Kelly, Ken Rayner, Jasper Brown

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

Coastal Australia is particularly vulnerable to increasingly frequent violent storm events coupled with anticipated rise in sea level. Consequent risks starkly underscore crucial coastal land policies and statutory planning documents. However, current questioning in the State of New South Wales (NSW) of such public instruments has uncovered a critical link between flood risk mapping and land-use planning, property values and, in particular, inundation propensity of various coastal lands. A range of coastal properties will no longer be capable of meaningful utilisation, coalescing in an impending collision between settled Australian property law and property rights. The use of transferable development rights …

Transcultural Memory And The Troostmeisjes/Comfort Women Photographic Project, Katharine E. Mcgregor, Vera Mackie

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

In 2008 and 2009, a Dutch photographer, Jan Banning, and an anthropologist, Hilde Janssen, traveled around Indonesia to document, with photographs and testimonies, survivors of militarized sexual abuse by the Japanese military during the three-year occupation (1942-1945) of the former Dutch colony, the Netherlands East Indies. We argue that the resultant photographic project can best be understood within the framework of the "politics of pity" and the associated genres of representation. The project creators anticipated a cosmopolitan audience that might be moved to action to support the survivors. Yet, as the project was exhibited in different sites, the women's memories …

Grey Networks: The Contradictory Dimensions Of Australia's Immigration Detention System, David A. Neil, Michelle A. Peterie

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

The notion of dark networks has recently received attention in the literature on policy network analysis. Dark networks are defined as illegal and covert, in contrast to bright networks which are legal and overt. In this article, we suggest a third category - grey networks - which are characterised by their use of secrecy and concealment despite their ostensibly legal status. These networks are subject to contradictory imperatives. They employ methods that cannot be openly acknowledged within the larger legal and social framework in which they function. In this article, we illustrate this concept through an interview-based study of Australia's …

The University Tea Room: Informal Public Spaces As Ideas Incubators, Claire Wright, Simon Ville

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

Informal spaces encourage the meeting of minds and the sharing of ideas. They serve as an important counterpoint to the formal, silo-like structures of the modern organisation, encouraging social bonds and discussion across departmental lines. We address the role of one such institution – the university tea room – in Australia in the post-WWII decades. Drawing on a series of oral history interviews with economic historians, we examine the nature of the tea room space, demonstrate its effects on research within universities, and analyse the causes and implications of its decline in recent decades.

Submission On The Nsw Draft Aboriginal Cultural Heritage Bill 2018, Laurie Perry, Kylie Anne Lingard

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

We welcome the opportunity to provide feedback on the Draft Aboriginal Cultural Heritage Bill 2018 ('the Draft Bill'). We appreciate the move towards independent Aboriginal cultural heritage ('ACH') legislation and some of the new governance concepts, namely:

• The establishment of an ACH Authority
• Local mapping and strategic planning
• State of ACH reports
• Aboriginal ownership of ACH
• Conservation agreements and management plans

We have examined the Draft Bill against the five reform aims identified by the NSW Office of Environment and Heritage ('OEH'):

1. Broader recognition of ACH values
2. Decision-making by Aboriginal people
3. Better information management
4. Improved protection, management and conservation of …