Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 30 of 139
Full-Text Articles in Law
A History Of Aboriginal Illawarra, Volume 2 : Colonisation, Mike Donaldson, Les Bursill, Mary Jacobs
A History Of Aboriginal Illawarra, Volume 2 : Colonisation, Mike Donaldson, Les Bursill, Mary Jacobs
Faculty of Law, Humanities and the Arts - Papers (Archive)
Near Broulee Point, south of Batemans Bay, once stood a wooden look-out platform used for generations by Leonard Nye’s family. The Dhurga were fisherfolk and through the ages they would gather to assess the seas and the weather before setting off. The job of the lookout who remained there was to signal those on the water and on the beach below about the location and direction of sea mammals and shoals of fish. Such lookout posts exist also at Hill 60 at Port Kembla and up and down the South Coast, and it is from them that people observed the …
The Deceptive Activist, Brian Martin
The Deceptive Activist, Brian Martin
Faculty of Law, Humanities and the Arts - Papers (Archive)
In your action group, is it ever beneficial to lie to other members? When is it wise to lie to authorities? If a member of your group has done something wrong, is it better to be open about it now or keep it hidden in the hope that outsiders will never know? What are the pros and cons of infiltrating opposition groups to collect information about harmful activities? Should we wear masks at rallies? There's lots of research showing that lying is an everyday occurrence in most people's lives, and furthermore that lies can be beneficial in some circumstances. But …
Ruling Tactics: Methods Of Promoting Everyday Nationalism, How They Serve Rulers And How To Oppose Them, Brian Martin
Ruling Tactics: Methods Of Promoting Everyday Nationalism, How They Serve Rulers And How To Oppose Them, Brian Martin
Faculty of Law, Humanities and the Arts - Papers (Archive)
Most people think of the world as divided into countries, and many people identify with their "own" country. Because there's nothing natural in this, governments and others need to continually encourage identification with the nation. This serves those with power and wealth. Ruling Tactics outlines the methods commonly used to foster everyday nationalism and how they can be countered. These methods are described in a range of areas, including crime, sport, language, economics, terrorism and war. This book can serve as a practical manual for recognising how thinking is oriented towards the state, and how this sort of thinking can …
Histories Of Internet Games And Play: Space, Technique, And Modality, Teodor E. Mitew, Christopher L. Moore
Histories Of Internet Games And Play: Space, Technique, And Modality, Teodor E. Mitew, Christopher L. Moore
Faculty of Law, Humanities and the Arts - Papers (Archive)
No abstract provided.
Duterte And His Quixotic War On Drugs, Lowell B. Bautista
Duterte And His Quixotic War On Drugs, Lowell B. Bautista
Faculty of Law, Humanities and the Arts - Papers (Archive)
Philippine President Rodrigo Duterte has remained an enduring fodder of international news since he was sworn in as the country's 16th president in June 2016. Despite massive criticisms from within the Philippines and overseas, he seems intent on taking his country down an untrodden, dangerous, lawless and bloody path. The president's relentless campaign to eliminate drugs in the country has resulted in a rapidly rising number of deaths occurring on a daily basis. A little more than six months into the presidency of Rodrigo Duterte, records show that his anti-drug war campaign has resulted in over 7,000 deaths, or an …
Contested Spaces: We Shall Fight On The Beaches..., Michelle A. Voyer, Natalie Gollan
Contested Spaces: We Shall Fight On The Beaches..., Michelle A. Voyer, Natalie Gollan
Faculty of Law, Humanities and the Arts - Papers (Archive)
Picture this. It's a beautiful sunny day. You arrive on the beach, find yourself a nice quiet area away from the crowds and set yourself up for a day of relaxation and fun in the sun. But then a large group arrives and sets themselves up right next to you. They're drinking heavily, swearing loudly and leaving their rubbish in the sand. And things are about to get worse. In the distance you can hear the unmistakable buzz of a jet ski heading for your once-quiet part of the beach. The day is lost. You pack up and head home. …
'Unwanted Scraps' Or 'An Alert, Resolute, Resentful People'? Chinese Railroad Workers In French Congo, Julia T. Martinez
'Unwanted Scraps' Or 'An Alert, Resolute, Resentful People'? Chinese Railroad Workers In French Congo, Julia T. Martinez
Faculty of Law, Humanities and the Arts - Papers (Archive)
In the late 1920s, the colonial government of French Equatorial Africa decided to employ Chinese workers to complete their railway line. The employment of Chinese indentured labor had already become the subject of considerable international criticism. The Chinese government was concerned that the French could not guarantee worker health and safety and denied their application. However, the recruitment went ahead with the help of the government of French Indochina. This article explores the nature of Chinese worker protest during their time in Africa and their struggle against French notions of what constituted appropriate treatment of so-called coolie labor.
Legal Personality Of Robots, Corporations, Idols And Chimpanzees: A Quest For Legitimacy, S M. Solaiman
Legal Personality Of Robots, Corporations, Idols And Chimpanzees: A Quest For Legitimacy, S M. Solaiman
Faculty of Law, Humanities and the Arts - Papers (Archive)
Robots are now associated with various aspects of our lives. These sophisticated machines have been increasingly used in different manufacturing industries and services sectors for decades. During this time, they have been a factor in causing significant harm to humans, prompting questions of liability. Industrial robots are presently regarded as products for liability purposes. In contrast, some commentators have proposed that robots be granted legal personality, with an overarching aim of exonerating the respective creators and users of these artefacts from liability. This article is concerned mainly with industrial robots that exercise some degree of self-control as programmed, though the …
Cooperation, Competence And Coherence: The Role Of Regional Ocean Governance In The South West Pacific For The Conservation And Sustainable Use Of Biodiversity Beyond National Jurisdiction, Genevieve Quirk, Harriet Harden-Davies
Cooperation, Competence And Coherence: The Role Of Regional Ocean Governance In The South West Pacific For The Conservation And Sustainable Use Of Biodiversity Beyond National Jurisdiction, Genevieve Quirk, Harriet Harden-Davies
Faculty of Law, Humanities and the Arts - Papers (Archive)
UNGA Resolution 69/292 requires that the development of an international legally binding instrument (ILBI) for the conservation and sustainable use of biodiversity in areas beyond national jurisdiction (ABNJ) under the United Nations Convention on the Law of the Sea should not undermine existing relevant legal instruments and frameworks and relevant global, regional and sectoral bodies. The South West Pacific regional oceans governance framework is reviewed, highlighting the importance of dedicated mechanisms for cooperation in the integration of regional institutions and in collective diplomacy for the development of an ILBI. It is argued a sufficiently inclusive description of existing arrangements under …
How To Write A Romp That Avoids A Bad Sex In Fiction Award, Catherine Cole
How To Write A Romp That Avoids A Bad Sex In Fiction Award, Catherine Cole
Faculty of Law, Humanities and the Arts - Papers (Archive)
Catherine Cole Professor in Creative Writing, Liverpool John Moores University Academic rigour, journalistic flair The annual Bad Sex in Fiction award is enough to put any writer off writing a sex scene. This year’s examples are as cringeworthy as those of previous years. It’s not that the authors aren’t trying to get it right; a good sex scene is just very difficult to write. Writers often find themselves caught between the cloying pages of a Harlequin romance and the thrust and grind of porn.
Anatomia Da Linguagem: Podemos Compreender Jogos De Linguagem A Partir De Redes Corticais?, Ines Hipolito
Anatomia Da Linguagem: Podemos Compreender Jogos De Linguagem A Partir De Redes Corticais?, Ines Hipolito
Faculty of Law, Humanities and the Arts - Papers (Archive)
There is today much interest in research of neuronal substrata in metaphor processing. It has been suggested that the right hemisphere yields a key role in the comprehension of figurative language (non-literal) and, particularly, in metaphors. Figurative language is included in pragmatics, a branch of linguistics that researches the use of language, in opposition to the study of the system of language. There lingers, though, an open debate in respect to the identification of the specific aspects concerning semantics, as opposed to those dominated by pragmatics. Can studies from neuronal correlates clarify questions that relate to semantics/pragmatics representation? I shall …
Defending University Integrity, Brian Martin
Defending University Integrity, Brian Martin
Faculty of Law, Humanities and the Arts - Papers (Archive)
Universities are seldom lauded publicly for maintaining good processes and practices; instead, media stories commonly focus on shortcomings. Furthermore, universities, even when doing everything right, sometimes are unfairly targeted for criticism in circumstances in which making a public defence is difficult. A prominent case at the University of Wollongong shows how defending a university's integrity can be hampered by confidentiality requirements, lack of public understanding of thesis examination processes and of disciplinary expectations, and university procedures not designed for extraordinary attacks. The implication is that there can be value in fostering greater awareness of the ways that universities and disciplinary …
'And The Lives Are Many': The Print Culture Of Australian Communism, Anthony I. Ashbolt, Rowan Cahill
'And The Lives Are Many': The Print Culture Of Australian Communism, Anthony I. Ashbolt, Rowan Cahill
Faculty of Law, Humanities and the Arts - Papers (Archive)
The tradition of communist thought and practice in Australia is strong and fertile. So, too, the print culture associated with official Australian communism has a vibrant heritage and is populated by significant figures from the field of literature, history, politics, art, theatre and journalism. This article investigates that culture by focussing upon key characters, critical issues, and significant debates that propelled a movement whose influence and power in Australian life is too easily underestimated.
What Happens When Scientists Stand Up For Science, Brian Martin
What Happens When Scientists Stand Up For Science, Brian Martin
Faculty of Law, Humanities and the Arts - Papers (Archive)
The 2017 March for Science was a powerful political statement by scientists. The marchers opposed political interference, budget cuts and lack of support for science at a government level. More commonly, though, scientists stay in their labs and avoid the public political spotlight. CSIRO scientist John Church - who initially acted as an individual (not a representative of his research institution) to "stand up for science" in 2015 - is cited as a recent example of the career ramifications that can flow from public activity. Actually, he's not alone. For years, outspoken scientists have encountered career difficulties and personal repercussions. …
Sick Bunnies And Pocket Dumps: "Not-Selfies" And The Genre Of Self-Representation, Katrin Tiidenberg, Andrew M. Whelan
Sick Bunnies And Pocket Dumps: "Not-Selfies" And The Genre Of Self-Representation, Katrin Tiidenberg, Andrew M. Whelan
Faculty of Law, Humanities and the Arts - Papers (Archive)
This article develops and troubles existing approaches to visual self-representation in social media, questioning the naturalized roles of faces and bodies in mediated self-representation. We argue that self-representation in digital communication should not be treated as synonymous with selfies, and that selfies themselves should not be reductively equated with performances of embodiment. We do this through discussing "not-selfies": visual self-representation consisting of images that do not feature the likenesses of the people who share them, but instead show objects, animals, fictional characters, or other things, as in the practices of #EDC ("everyday carry") and #GPOY ("gratuitous picture of yourself") on …
Cognitive Ontology In Flux: The Possibility Of Protean Brains, Daniel D. Hutto, Anco Peeters, Miguel Segundo Ortin
Cognitive Ontology In Flux: The Possibility Of Protean Brains, Daniel D. Hutto, Anco Peeters, Miguel Segundo Ortin
Faculty of Law, Humanities and the Arts - Papers (Archive)
This paper motivates taking seriously the possibility that brains are basically protean: that they make use of neural structures in inventive, on-the-fly improvisations to suit circumstance and context. Accordingly, we should not always expect cognition to divide into functionally stable neural parts and pieces. We begin by reviewing recent work in cognitive ontology that highlights the inadequacy of traditional neuroscientific approaches when it comes to divining the function and structure of cognition. Cathy J. Price and Karl J. Friston, and Colin Klein identify the limitations of relying on forward and reverse inferences to cast light on the relation between cognitive …
Narrative Practices In Medicine And Therapy: Philosophical Reflections, Daniel D. Hutto, Nick Brancazio, Jarrah Aubourg
Narrative Practices In Medicine And Therapy: Philosophical Reflections, Daniel D. Hutto, Nick Brancazio, Jarrah Aubourg
Faculty of Law, Humanities and the Arts - Papers (Archive)
This article examines two important movements-narrative medicine and narrative therapy-that aim to put narrative practices at the heart of medicine and therapeutic practices. It exposes the core assumptions of these movements and identifies ways in which attention to those assumptions can benefit from philosophical clarification and further investigation. Overall, our analysis defends the view that being a competent narrator matters for understanding and building trust with others, and that it also matters for shaping ourselves because the narratives we weave can help us to see "live options" and improve our chances of flourishing and living well.
Australia: Settler Capitalism Sans Doctrines, Simon Ville, David Merrett
Australia: Settler Capitalism Sans Doctrines, Simon Ville, David Merrett
Faculty of Law, Humanities and the Arts - Papers (Archive)
Capitalism, or the system of business, varies between countries since it is the product of both local conditions and the transmission of ideas and practices from abroad. Attempts to generalise about capitalism are therefore, fraught with difficulties. The isomorphic notion that business systems in all countries would gradually converge to a single preferred best practice overlooks the uniqueness of locality. The varieties of capitalism (VoC) literature distinguished two different business systems, liberal market economies and coordinated market economies. While this provided pluralism with no convergence, many countries do not fit easily or solely into either camp. There are further complications …
Shame, Poverty And Development Studies, Susan N. Engel
Shame, Poverty And Development Studies, Susan N. Engel
Faculty of Law, Humanities and the Arts - Papers (Archive)
Development studies have been slow to explore and embrace the burgeoning field of emotions research, yet increasingly development interventions are adopting emotions-based strategies, including the deliberate use of shaming. This article reviews the implications of a new three volume collection on poverty and shame for development studies, arguing that it offers a fruitful avenue for research that focuses on understanding the lived experiences, perceptions and feelings of the poor, as opposed to conventional uncompassionate qualitative analysis.
Korean-Chinese Film Remakes In A New Age Of Cultural Globalisation: Miss Granny (2014) And 20 Once Again (2015) Along The Digital Road, Kai Ruo Soh, Brian Yecies
Korean-Chinese Film Remakes In A New Age Of Cultural Globalisation: Miss Granny (2014) And 20 Once Again (2015) Along The Digital Road, Kai Ruo Soh, Brian Yecies
Faculty of Law, Humanities and the Arts - Papers (Archive)
No abstract provided.
Australian Media Classification: Depictions, Descriptions, And Child Protection As Logic Of Regulation, Andrew M. Whelan
Australian Media Classification: Depictions, Descriptions, And Child Protection As Logic Of Regulation, Andrew M. Whelan
Faculty of Law, Humanities and the Arts - Papers (Archive)
This chapter addresses the workings of the Australian media classification system. This system is one of the most censorious of all Western states, particularly regarding content distributed online. I describe it so as to explore how music can be deemed child exploitation material. What this means it that commercially available recordings can be classified in Australia as child pornography, and prohibited from sale or distribution. As I will show over the following pages, the scope of the prohibition is disconcerting.
Convicts In The Cowpastures, An Untold Story, Ian C. Willis
Convicts In The Cowpastures, An Untold Story, Ian C. Willis
Faculty of Law, Humanities and the Arts - Papers (Archive)
The story of European settlement in the Cowpastures is intimately connected to the story of the convicts and their masters. This story has not been told and there is little understanding of the role of the convicts in the Cowpastures district before 1840. Who were they? What did they do? Did they stay in the district? The convicts that ended up the in Cowpastures district were part of the 160,000 who were transported to the Australian colonies from England, Wales, Ireland and the British colonies. The convicts were a form of forced labour, with a global history that goes back …
Whose Best Friend? How Gender And Stereotypes Can Shape Our Relationship With Dogs, Paul Mcgreevy, Fiona S. Probyn-Rapsey
Whose Best Friend? How Gender And Stereotypes Can Shape Our Relationship With Dogs, Paul Mcgreevy, Fiona S. Probyn-Rapsey
Faculty of Law, Humanities and the Arts - Papers (Archive)
The relationship between people and their dogs can be a lasting and loving bond if the match is right. But when acquiring a dog, how do you know if that match will be a good one? Research shows there is a difference in the way some dogs react to men and women, and it can also matter if the dog is a he or a she. The challenge lies in understanding the interactions of dogs with humans. And part of that challenge can be influenced by gender stereotypes of both humans and dogs.
Britain As A Maritime Civilisation: Economy, Culture And Place In The Making Of A Seafaring Nation, Simon Ville
Britain As A Maritime Civilisation: Economy, Culture And Place In The Making Of A Seafaring Nation, Simon Ville
Faculty of Law, Humanities and the Arts - Papers (Archive)
Civilisation, the Oxford English Dictionary tells us, is: "The culture, society, and way of life of a particular country, region, epoch or group". How do we define and distinguish between different civilisations across time and geography? In this paper I argue that Britain, from about the Tudor sixteenth century, was overwhelmingly characterised as a maritime civilisation. Shipping and the sea permeated through all aspects of British life - economic, social, cultural, political, and geographic.
Sydney Modernism, A Recent Awakening, Ian C. Willis
Sydney Modernism, A Recent Awakening, Ian C. Willis
Faculty of Law, Humanities and the Arts - Papers (Archive)
It is pleasing to see that there has been recent interest in Sydney modernism from a number of prominent Sydney cultural institutions. The origins of modernism can be traced back to the 1880s, while Sydney modernism has be identified from the early years of the 20th century to the 1960s.
The Internment And Repatriation Of The Japanese-French Nationals Resident In New Caledonia, 1941-1946, Rowena G. Ward
The Internment And Repatriation Of The Japanese-French Nationals Resident In New Caledonia, 1941-1946, Rowena G. Ward
Faculty of Law, Humanities and the Arts - Papers (Archive)
The pre-1941 Japanese population of New Caledonia was decimated by the French administration's decision to transfer most of the Japanese residents to Australia for internment at the outbreak of the Asia-Pacific theatre of the Second World War. Among the men transferred to Australia were ten men who had been formerly French nationals but had lost their French nationality by decree. The French Administration's ability to denationalise and intern, and then subsequently repatriate, the former-Japanese French-nationals was possible due to changes to the French nationality laws and regulations introduced by the Vichy regime. This paper considers the case of the Japanese …
Stretching Out: Species Extinction And Planetary Aesthetics In Contemporary Art, Su Ballard
Stretching Out: Species Extinction And Planetary Aesthetics In Contemporary Art, Su Ballard
Faculty of Law, Humanities and the Arts - Papers (Archive)
There is madness in species extinction. The horn has been removed from the last male northern white rhino on earth and he has two armed guards 24 hours a day. The huia in New Zealand were killed off by the desire for white-tipped tail feathers in Victorian hats. We fear the extinction of rhinos, we mourn the extinction of the huia, yet we might need reminding to also show concern for the extinction of the dung beetle. This paper looks at the ways that artists are engaging with these difficult events. By placing Gayatri Spivak's call for a planetarity of …
Is There Such A Thing As Happiness In The Present? Happiness And Temporality, Jordan J. Mckenzie
Is There Such A Thing As Happiness In The Present? Happiness And Temporality, Jordan J. Mckenzie
Faculty of Law, Humanities and the Arts - Papers (Archive)
While the pursuit of happiness in the present pervades popular narratives of happiness and the good life, the work of Adorno and Arendt casts doubt on the possibility of this lucrative goal. For Adorno, happiness occurs only in memory, while Arendt is sceptical about the possibility of experience between past and future and uses happiness to demonstrate her suspicion. Meanwhile, GH Mead offers an alternative that rejects these counter-intuitive perspectives by reaffirming that all experiences necessarily take place in the present. This article will assess each of these claims alongside the view that contemporary happiness discourse favours the pragmatic notion …
French, English Or Kanak Languages? Can Traditional Languages And Cultures Be Sustained In New Caledonia?, Anu Bissoonauth-Bedford, Nina Parish
French, English Or Kanak Languages? Can Traditional Languages And Cultures Be Sustained In New Caledonia?, Anu Bissoonauth-Bedford, Nina Parish
Faculty of Law, Humanities and the Arts - Papers (Archive)
New Caledonia has an unusual linguistic dynamic in comparison to other French overseas territories. While New Caledonia was established as a penal colony in 1853, the other French islands were settled as plantation colonies in the 17th and 18th centuries. In these areas, French Creole is usually the lingua franca and has lower status than French. In New Caledonia, although French has official status and dominates in state institutions, it is the native language of only half of the population. There are 28 indigenous languages and a French Creole, Tayo, spoken mostly in the rural areas. The 2014 census population …
When Commerce, Science And Leisure Collaborated: The Nineteenth-Century Global Trade Boom In Natural History Collections, Anne Coote, Alison M. Haynes, Jude Philp, Simon Ville
When Commerce, Science And Leisure Collaborated: The Nineteenth-Century Global Trade Boom In Natural History Collections, Anne Coote, Alison M. Haynes, Jude Philp, Simon Ville
Faculty of Law, Humanities and the Arts - Papers (Archive)
Natural history products formed an important, but little studied, component of the globalization of trade in the mid nineteenth century. The trade, specifically in zoology, occurred in the face of considerable challenges. It penetrated some of the more remote areas of the globe; its products were heterogeneous and difficult to price; and exchange occurred among scientists, commercial traders, and collectors, each of whom had their own particular practices and mores. This article charts the dimensions of this trade and offers explanations about the ways in which its complexities were addressed through major developments in taxidermy, taxonomy, transport and business logistics, …