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Full-Text Articles in Law
Greater Police Powers And Penalties Threaten Civil Liberties In Nsw For Public Safety, Luke Mcnamara, Julia Quilter
Greater Police Powers And Penalties Threaten Civil Liberties In Nsw For Public Safety, Luke Mcnamara, Julia Quilter
Faculty of Law, Humanities and the Arts - Papers (Archive)
The New South Wales government recently introduced two new laws that impose serious constraints on how we use public spaces. They represent just the latest round of expanded police powers and higher criminal penalties justified in the name of “public safety”. The government’s solution is to let police decide who has the right to protest.
Public Won't Back A 'Politicians' Republic', So Turnbull Needs To Offer A Better Model, Gregory C. Melleuish
Public Won't Back A 'Politicians' Republic', So Turnbull Needs To Offer A Better Model, Gregory C. Melleuish
Faculty of Law, Humanities and the Arts - Papers (Archive)
The word republic has many meanings - but they can probably be reduced to two. The first simply means a political order in which there is no king or queen at its apex. The Romans who invented the term res publica (public matter) were adamantly opposed to the idea of having a king. Julius Caesar was assassinated because it was believed he wished to make himself king. The second describes a political system composed by individuals motivated by an idea of virtue and by a series of institutional arrangements through which power is divided so it is not concentrated in …
Public Controversy And Partisan Deliberation, Brian Martin
Public Controversy And Partisan Deliberation, Brian Martin
Faculty of Law, Humanities and the Arts - Papers (Archive)
Public scientific controversies are often the enemy of deliberation, because debating and winning take precedence over an open-minded examination of options. Nevertheless, forms of deliberation do occur throughout controversies, including what can be called "partisan deliberation" in which campaigners on each side of an issue refine and coordinate their respective positions. As well, there are other opportunities for deliberation created by controversies, though the conditions are far from ideal.
Public Intoxication In Nsw: The Contours Of Criminalisation, Luke J. Mcnamara, Julia Quilter
Public Intoxication In Nsw: The Contours Of Criminalisation, Luke J. Mcnamara, Julia Quilter
Faculty of Law, Humanities and the Arts - Papers (Archive)
This article traces the history of the regulation of public intoxication in New South Wales (NSW) from the early 1800s to the present. We argue that although the formal legal status of public drunkenness and drinking has changed over time, and although different approaches have been prominent at different points in the history of NSW, public intoxication has been consistently and continuously criminalised for almost two centuries, despite official ‘decriminalisation’ in 1979. Shifts in regulatory modalities — including offence definitions, police powers, the involvement of local councils and enforcement practices — have been associated with significant changes in how the …
Shaming And Sanitation In Indonesia: A Return To Colonial Public Health Practices?, Susan Engel, Anggun Susilo
Shaming And Sanitation In Indonesia: A Return To Colonial Public Health Practices?, Susan Engel, Anggun Susilo
Faculty of Law, Humanities and the Arts - Papers (Archive)
Adequate sanitation is vital to human health, yet progress on the Millennium Development Goal for sanitation has been slow and the target is likely to be missed by one billion people. Indonesia has the third highest number of people of any country in the world without access to sanitation and, like most developing countries, it is devoting insufficient resources to the issue. In rural areas, rather than providing additional funding, the government - with support of the World Bank - has promoted the Community-Led Total Sanitation (CLTS) approach, which uses social mobilization to encourage people to construct their own latrines. …
Q&A: How The Sydney Siege Was Reported By The Public And News Professionals, Julie N. Posetti
Q&A: How The Sydney Siege Was Reported By The Public And News Professionals, Julie N. Posetti
Faculty of Law, Humanities and the Arts - Papers (Archive)
The dramatic siege in Sydney’s Martin Place played out in front of a global audience through real-time reporting by mainstream news outlets abetted by social media. Australian media academic Julie Posetti watched this story break on Twitter late at night from Paris, where she is on secondment from the University of Wollongong as a Research Fellow with the World Association of News Publishers and the World Editors Forum. Here she discusses the way the events were reported.
Six Ideal Types Of Public Engagement With Science And Technology: Reflections On Capital, Legitimacy And Models Of Democracy, Nicola J. Marks
Six Ideal Types Of Public Engagement With Science And Technology: Reflections On Capital, Legitimacy And Models Of Democracy, Nicola J. Marks
Faculty of Law, Humanities and the Arts - Papers (Archive)
A number of researchers have been analysing apparent shifts from top-down approaches to public engagement with science and technology towards more participatory ones. Some have revealed the existence of often unacknowledged assumptions about how science and public should interact. These normative visions shape public engagement and may go against any shift towards inclusiveness. To further probe this, interviews with 41 stem cell scientists were carried out. They reveal diverse normative visions of publics, scientists, dialogue, relevant technical and political capital, and scientific citizenship. From this, six ideal types of public engagement with science and technology are constructed and connected to …
Food Safety And Public Health Issues In Bangladesh: A Regulatory, Abu Noman Mohammad Atahar Ali
Food Safety And Public Health Issues In Bangladesh: A Regulatory, Abu Noman Mohammad Atahar Ali
Faculty of Law, Humanities and the Arts - Papers (Archive)
In Bangladesh, most of the foodstuffs, be they manufactured or processed, are unsafe for consumption or adulterated to varying degrees. This problem persists at every level of the food chain from preparation to consumption. Food manufacturers, processors, restaurants, fast food outlets and so forth are all involved in one way or another in this corrupt practice of adulteration. Foods are adulterated by using various harmful chemicals and toxic artificial colours, on the one hand, and rotten perishables turned to poisonous foods are stored, sold and served to consumers in an unhygienic atmosphere, on the other. The unhygienic and unsafe treatment …
When Public Health Debates Become Abusive, Brian Martin
When Public Health Debates Become Abusive, Brian Martin
Faculty of Law, Humanities and the Arts - Papers (Archive)
Ideally, public health debates are conducted civilly and focus on the evidence and the public good. In practice, many debates deviate markedly from this approach, for example with personal denigration of opponents. To help assess methods used in public health debates, a classificatory system of ideal types is introduced, with the categories of deliberative democracy, marketplace of ideas, marketplace of abusive comment, dominant orthodoxy, authoritarianism, and totalitarianism. To illustrate how methods can be fitted into these ideal types, instances of opposition to the Australian Vaccination Network are examined. Being able to identify the types of methods used in particular debates …
Time To Define 'The Cornerstone Of Public Order Legislation': The Elements Of Offensive Conduct And Language Under The Summary Offences Act 1988 (Nsw), Julia Ann Quilter, Luke J. Mcnamara
Time To Define 'The Cornerstone Of Public Order Legislation': The Elements Of Offensive Conduct And Language Under The Summary Offences Act 1988 (Nsw), Julia Ann Quilter, Luke J. Mcnamara
Faculty of Law, Humanities and the Arts - Papers (Archive)
This article addresses a contradiction that has long been at the heart of the criminal law concerned with ‘public order’. Although crimes such as offensive conduct and offensive language are amongst the most frequently prosecuted offences in Australia, their legal nature is poorly understood and rarely the subject of judicial scrutiny or academic explanation. In the context of ongoing controversy over whether such offences have a legitimate place on the statute books, we confront this oversight. This article draws on the High Court of Australia’s decision in He Kaw Teh v The Queen1 to lay out a methodology for construing …
Whie Closets, Jangling Nerves And Biopolitics Of The Public Secrety, Fiona Probyn-Rapsey
Whie Closets, Jangling Nerves And Biopolitics Of The Public Secrety, Fiona Probyn-Rapsey
Faculty of Law, Humanities and the Arts - Papers (Archive)
Some of the white men in country towns who would specially discriminate against Aborigines by day, under the cover of darkness would slip out to the Aboriginal Reserve or fringe camp looking for sex with Aboriginal women . . . This ambivalence, the jangling coexistence within the same individuals of aversion and attraction, desire and repulsion, itself constitutes one of the raw nerves of race relations.
Covert Disclosures: Unauthorised Leaking, Public Officials And The Public, Kathryn Flynn
Covert Disclosures: Unauthorised Leaking, Public Officials And The Public, Kathryn Flynn
Faculty of Law, Humanities and the Arts - Papers (Archive)
This paper highlights the role of unofficial sources—unauthorized “leakers”—in the public sector and their contribution to investigative journalism and to a lesser extent to routine news production. Unauthorized sources do not enjoy the ease of access to journalists, the economic resources, the human resources, nor the legitimacy conferred on official sources. Interviews conducted with journalists and sources show that at times these barriers have been overcome through the establishment of relationships of trust based on the confidentiality of the identity of the source and through careful cross-checking by journalists of information supplied by leakers.
Trips-Plus Intellectual Property Rules: Impact On Thailand's Public Health, Jakkrit Kuanpoth
Trips-Plus Intellectual Property Rules: Impact On Thailand's Public Health, Jakkrit Kuanpoth
Faculty of Law - Papers (Archive)
Thailandhas proved that a well-fund, politically-supported public policy could be effective in preventing the spread of HIV/AIDS on a national scale. It is currently facing increased pressure to accept higher standards of intellectual property (IP) protection (the so-called TRIPS-Plus) under bilateral free trade agreements (FTA) proposed by theUnited States. The proposed US FTA threatens to restrict the measures the country can take to pursue affordable drugs, and will affect ability ofThailandto continue its successful ARV treatment and other healthcare programmes. The paper argues that the TRIPS-Plus regime generates a negative impact on poor people’s access to medicines, and the ARV …
Public Health At Risk: A Us Free Trade Agreement Could Threaten Access To Medicines In Thailand, Jakkrit Kuanpoth, Gawain Kripke, Stephanie Weinberg
Public Health At Risk: A Us Free Trade Agreement Could Threaten Access To Medicines In Thailand, Jakkrit Kuanpoth, Gawain Kripke, Stephanie Weinberg
Faculty of Law - Papers (Archive)
Even though the world faces the threat of potential new epidemics like avian influenza, the effects of trade rules on public health attract little attention. Governments recently reaffirmed their commitment to meet the Millennium Development Goals which include combating HIV/AIDS, malaria and other major diseases, yet little attention is given to the implications of United States Free Trade Agreements (US FTAs) with developing countries such as Thailand, for access to affordable medicines to treat those diseases. These FTAs do much more than regulate tariffs for cross-border trade in goods and services: they change the rules of intellectual property protection in …
Up The Creek And Out At Sea: The Resurfacing Of The Public Right To Fish, Warwick Gullett
Up The Creek And Out At Sea: The Resurfacing Of The Public Right To Fish, Warwick Gullett
Faculty of Law - Papers (Archive)
The ancient common law public right to fish has had increasing resonance since 2001 when the High Court in Yarmirr denied the existence of asserted exclusive offshore native title rights in large part because of the “fundamental inconsistency” between them and the public right to fish. The Yarmirr decision also established that non-exclusive offshore native title rights must be consistent with the public right. This creates the potential for litigation where it is asserted that actions of native title holders have infringed the public right or where recreational anglers purportedly exercising the public right in an area subject to a …
Blurring The Lines Of Environmental Responsibility: How Corporate And Public Governance Was Circumvented In The Ok Tedi Mining Limited Disaster, Judith M. Marychurch, Natalie P. Stoianoff
Blurring The Lines Of Environmental Responsibility: How Corporate And Public Governance Was Circumvented In The Ok Tedi Mining Limited Disaster, Judith M. Marychurch, Natalie P. Stoianoff
Faculty of Law - Papers (Archive)
This paper will present the preliminary findings of a research project into the impact of legislative legitimation of environmental damage on corporate governance in multinational companies and on public governance in the nation state. The environmental devastation of the Ok Tedi mine in Papua New Guinea (PNG) will be the focus of the paper.
The Fiction Of Public Life, Philip Marshall
The Fiction Of Public Life, Philip Marshall
Faculty of Law, Humanities and the Arts - Papers (Archive)
One of Woody Allen's first jobs was as a gag/joke writer indirectly for New York gossip columnists. To coordinate with the appearance of famous people at grand openings, Allen would write appropriately witty lines that a star's press agent would work hard to get placed in a newspaper column like Walter Winchell's. The lines would be treated as authentic quotes as the star entered the premiere, club or ceremony (Lax 71). His reputation grew from this ability to see what would be humorous to say in a very public setting, or just generally what would make a particular star look …