Law Commons^™

Using Strategic Culture To Understand Participation In Expeditionary Operations: Australia, Poland, And The Coalition Against The Islamic State, Fredrik Doeser, Joakim Eidenfalk

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

This article investigates how strategic culture influenced the decision-making of Australia and Poland regarding the global coalition against the Islamic State. In the coalition, Australia has followed its tradition of active participation in United States-led operations, while Poland has embarked on a more cautious line, thereby breaking with its previous policy of active participation. The article examines how Australian and Polish responses to the coalition were shaped by five cultural elements: dominant threat perception, core task of the armed forces, strategic partners, experiences of participating in coalitions of the willing, and approach to the international legality of expeditionary operations. It …

The Douban Online Social Media Barometer And The Chinese Reception Of Korean Popular Culture Flows, Brian Yecies, Jie Yang, Ae-Gyung Shim, Kai Ruo Soh, Matthew J. Berryman

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

Since its launch in 2005, the Chinese online social networking site Douban has become a key platform for creating and sharing user-generated content on a rising tide of global popular culture. Such content and its corresponding user data has become so prolific that Western media outlets are now using Douban a key barometer for gauging representative opinions and attitudes towards foreign content in China. However, a full range of tools for harvesting and analyzing Chinese-language datasets has yet to be explored in English. This article attempts to fill this gap by investigating the applicability of an analytical framework that can …

Cooking Culture, Madeleine T. Kelly

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

No abstract provided.

The Culture By Laura Jackson, Janys Hayes

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

No abstract provided.

Canada And Australia Share A Political Culture Of Conflict, Gregory C. Melleuish

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

In a recent book, political scientist Tom Flanagan argues that the years of minority government in Canada between 2004 and 2011 had a corrosive effect on Canadian politics and political culture. He comments:

After so many years of continuous campaigning, federal politicans are like child soldiers in a war-torn African country; all they know how to do is fire their AK-47s.

This statement, and many other things that Flanagan describes as features of Canadian politics – including increased centralisation of decision-making in the party and the need to be in constant campaign mode – could also be considered to be …

'Radical Academia: Beyond The Audit Culture Treadmill' By Rowan Cahill And Terry Irving, Rowan Cahill, Terence H. Irving

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

“Marxist scholarship, already on the defensive for political reasons inside university economics faculties, often retreated into scholastic debates over texts or into abstruse mathematical calculations as remote from the real world as those of their mainstream colleagues.” So wrote Chris Harman in Zombie Capitalism: Global Crisis and the Relevance of Marx (Bookmarks Publications, 2009). It was not just in economics that the radicals retreated; it happened in all the social sciences and humanities. And not just because of political timidity; they had been outflanked. Knowledge production had changed in ways that disadvantaged radicals.

Community Gardens And Farmers' Markets: Exploring Representations Of Food Culture In The Illawarra, Paula Arvela

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

Over recent years, farmers' markets and community gardens have increasingly become a feature of the urban landscape and a popular representation of food culture. In endorsing the increasingly popular paddock-to-plate ethos, they purportedly promote sustainable food systems thus contributing to the reduction of food miles, increase of food security and building of strong communities. For these reasons, farmers' markets and community gardens have become significant mechanisms for the expansion of local food systems, regional socio-cultural development, and local economic revitalisation. The Illawarra, in regional NSW, has embraced them wholeheartedly. Since the 1980s the region has experienced a transition to a …

Filial Obligation In Contemporary China: Evolution Of The Culture-System, Xiaoying Qi

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

Family obligation, which has an exceptionally high salience in traditional Chinese society, continues to be significant in contemporary China. In family relations in particular sentiments and practices morphologically similar to those associated with xiao (filial piety) remains intact in so far as an enduring set of expectations concerning age-based obligation continues to structure behavior toward others. Researchers pursuing the theme of “individualization” in Chinese society, on the other hand, argue that family obligations and filial sentiments have substantially weakened. The present paper will show that under conditions of cultural and social change in China filial behavior through family obligation continues …

Book Review: The Self-Made Map: Cartographic Writing In Early Modern France; And, The Face Of The Earth: Natural Landscapes, Science And Culture, Michael G. Leggett

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

Politics, and (therefore) national and personal identity, are at the core of these two publications. The analysis of the remarkable period of European (and therefore world) history during the early modern period of the 15th and 16th centuries is discussed in the first book and provides the call for the kind of topographic descriptions compiled during the early part of the 21st Century, the topic of the second book. Then as now, proliferation of technology and political change provide the background to these accounts—overtly in the first, occluded in the second.

Remix: Practice, Context, Culture (Editorial), Andrew M. Whelan, Katharina Freund

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

The word ‘remix’ marks venerable and longstanding creative practices and embeds them in a particular aesthetic, social and technological conjuncture. This is both the strength and the weakness of the term: in foreshortening the histories of that which it now names, it highlights the relationship between the participatory affordances of contemporary media technologies and the sense of contemporary media flows as recombinant; as involving the distributed reassembly, reconfiguration and circulation of pre-existing cultural and material elements. Remix situates this work as both artefact and practice, noun and verb. The risk is that in doing so, it is both dehistoricizing, and …

Ethical And Legal Issues In Teaching About Japanese Popular Culture To Undergraduate Students In Australia, Mark J. Mclelland

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

Interest in Japanese popular culture, particularly young people’s engagement with manga and animation, is widely acknowledged to be a driving factor in recruitment to undergraduate Japanese language and studies courses at universities around the world. Contemporary students live in a convergent media culture where they often occupy multiple roles as fans, students and ‘produsers’ of Japanese cultural content. Students’ easy access to and manipulation of Japanese cultural content through sites that offer ‘scanlation’ and ‘fansubbing’ services as well as sites that enable the production and dissemination of dōjin works raise a number of ethical and legal issues, not least infringement …

Talkin ‘Bout Law’S Generations: Pop Culture, Intellectual Property And The Interpretation Of Case, Marett Leiboff

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

This article takes a very different path through which to explore the challenges affecting and shaping innovation and communications law. It reports on a facet of an empirical pilot study into generational differences in legal interpretation that revealed the porosity and friability of doctrine. The article focuses on one facet of the study apposite to this special issue: a fleeting reference by Finkelstein J to icons of pop culture in an otherwise unremarkable passing off I misleading and deceptive conduct case - Hansen v Bickfords - involving the marketing of an energy drink. As the responses of lawyer and law …

The Paradox Of Power: Conceptions Of Power And The Relations Of Reason And Emotion In European And Chinese Culture, Jack Barbalet, Xiaoying Qi

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

An historical consequence of power relations in European culture has been a dichotomy of reason and emotion. This pattern did not arise in China, one of the oldest and most enduring structures of power in human history. The social basis of the Chinese concept of xin (heart-mind) is considered in the paper, and a discussion of a characteristic Chinese conception of power is also presented.

'Ditto': Law, Pop Culture And Humanities And The Impact Of Intergenerational Interpretative Dissonance, Marett Leiboff

Faculty of Law - Papers (Archive)

Building on Julius Stone's remark that jurisprudence is law's extroversion (or extraversion), this essay explores the consequences that flow from the loss of a shared humanities discourse by lawyers. In adapting the concept of extraversion to those things about us in the world, the essay considers the finding of an empirical study, Law's Gens Project, which revealed a profound, almost seismic shift in what different generational groupings of lawyers know, based in the humanities, placing this point of rupture squarely in the 1970s. Drawing on allusions and cultural references used in judgments, this project reveals how these cultural markers affect …

Culture Shock: Mending Australia’S Fractured Relationship With India, Sukhmani Khorana

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

On my last visit to India in April this year, I found the nation in the grip of Indian Premier League (IPL) fever, or so the umpteen news channels had me believe.

With Katy Perry in a kitsch Indian costume, a South African percussion band, and the usual Bollywood ensemble performing at the opening ceremony, it appeared to be turning into a transnational celebration of cricket, as well as a tangible expression of India’s ascendancy).

Despite the coming together of previously sworn enemies on the cricket field, such as India’s Harbhajan Singh and Australia’s Andrew Symonds during the IPL series, …

The Young Report: An Australian Perspective On The Latest Response To Britain's "Compensation Culture", James Goudkamp

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

This article addresses the Young Report, which is an important recent response to Britain's putative ‘compensation culture’. This report is examined with reference to the far-reaching reforms of tort law that occurred in Australia at the start of the twenty-first century. The analysis reveals that while there are certain similarities in the way in which tort law has been reformed in Australia and Britain, the reform experience in these jurisdictions has been quite different. The main difference is that attention in Britain has centred on the system of procedure by which tort law is administered whereas in Australia the focus …

Review Of Zheng Yangwen And Charles J-H Macdonald, Personal Names In Asia: History, Culture And Identity And Khun Eng Kuah-Pearce, Rebuilding The Ancestral Village: Singaporeans In China, Jason Lim

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

Both Personal names in Asia: History, culture and identity and Rebuilding the ancestral village: Singaporeans in China share a common theme of individuals and communities having to change with the times. Personal names examines individual and collective reactions to societal transformation through name changes; Rebuilding the ancestral village examines Chinese Singaporeans’ collective memory of, and struggles to maintain ties with, such villages in China.

Food Culture In Colonial Asia: A Taste Of Empire, Cecilia Y. Leong-Salobir

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

Presenting a social history of colonial food practices in India, Malaysia and Singapore, this book discusses the contribution that Asian domestic servants made towards the development of this cuisine between 1858 and 1963. Domestic cookbooks, household management manuals, memoirs, diaries and travelogues are used to investigate the culinary practices in the colonial household, as well as in clubs, hill stations, hotels and restaurants. Challenging accepted ideas about colonial cuisine, the book argues that a distinctive cuisine emerged as a result of negotiation and collaboration between the expatriate British and local people, and included dishes such as curries, mulligatawny, kedgeree, country …

Book Review: Kallendorf, Craig. The Other Virgil: "Pessimistic" Readings Of The Aeneid In Early Modern Culture, Ika Willis

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

The Other Virgil is introduced as a contribution to the debate within classical scholarship over the historicity of "pessimistic" readings of Virgil’s Aeneid. This debate might at first appear to be a minor intradisciplinary quarrel, but in fact it has important implications for reception study more broadly, raising questions about the historicity of reception (and reading in general) and about the validity of various contemporary methodological approaches to reception and allusion.

Hegemony: Consensus, Coercion And Culture, Kylie Smith

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

Since the publication of the Italian Communist Antonio Gramsci's Prison Notebooks in English in the 1970s, hegemony is a concept which has been employed by many scholars, notably in Australia by Bob Connell, Terry Irving and Mike Donaldson. Recently, hegemony has become a popular word, used mainly to describe the state of international relations in the world today. In this context it is usually synonymous with descriptions of the alleged US supremacy. It is also a term that appears frequently in Cultural Studies, but usually devoid of any political, specifically class, context.

Dimensions Of Legal Diversity In Corporate Structure: Linking The Global And The Local, J. M. Marychurch

Faculty of Law - Papers (Archive)

This paper will address diversity in legal culture at the local and member state level and its impact on corporations striving to attain global competitiveness in the 21st century economy. The example of the European Union – which has been struggling to meet the demands of a global economy in relation to corporate structure and organisational management, while simultaneously maintaining diversity in legal and regulatory culture at a local level – will be considered. Significant lessons can be learned from Australian experience in managing corporate structure and regulation to meet the needs of industry and of government regulators at a …

Recentering Globalization: Popular Culture And Japanese Transnationalism, Matthew Allen

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

Book review of: Recentering Globalization: Popular Culture and Japanese Transnationalism. By Iwabuchi Koichi. Durham, N.C.: Duke University Press, 2002. 288 pp. $59.95 (cloth); $19.95 (paper).