Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 8 of 8
Full-Text Articles in Law
Thinking In Terms Of Contract Defences, Andrew Dyson, James Goudkamp, Fred Wilmot-Smith
Thinking In Terms Of Contract Defences, Andrew Dyson, James Goudkamp, Fred Wilmot-Smith
Faculty of Law, Humanities and the Arts - Papers (Archive)
While the terminology of defences is commonplace in other fields of private law, contract lawyers seem relatively unaccustomed to thinking in terms of defences. For example, although the leading texts in other areas of private law reserve a prominent place for defences, 1 the present edition of Chitty on Contracts does not. 2 Similarly, although Andrew Burrows dedicates Part 4 of his Restatement of the English Law of Unjust Enrichment to defences,3 he includes no equivalent section in his Restatement of the English Law of Contract. Indeed, references to 'defences' in that work are few and far between.
Yoko Ono's Magical Thinking, Vera C. Mackie
Yoko Ono's Magical Thinking, Vera C. Mackie
Faculty of Law, Humanities and the Arts - Papers (Archive)
No abstract provided.
Scholars And Radicals: Writing And Re-Thinking Class Structure In Australian History, Terence H. Irving, R.W. Connell
Scholars And Radicals: Writing And Re-Thinking Class Structure In Australian History, Terence H. Irving, R.W. Connell
Faculty of Law, Humanities and the Arts - Papers (Archive)
We wrote Class Structure in Australian History in a period of heightened social struggle. It grew out of collaborative research projects at Sydney's Free U in the late 1960s. The book was distinctive in both emphasising the socialist tradition of class analysis and trying to find new paths for it. Its first edition was ignored by mass media, and often mis-interpreted in professional journals. Nevertheless it circulated widely and has continued to be a point of reference for progressive scholarship. Its method tried to carry forward the Free U project of democratic knowledge making, linking documents with analysis and inviting …
Radical History: Thinking, Writing And Engagement, Terence H. Irving, Rowan Cahill
Radical History: Thinking, Writing And Engagement, Terence H. Irving, Rowan Cahill
Faculty of Law, Humanities and the Arts - Papers (Archive)
In recent years, in various places and on our blog ‘Radical Sydney/Radical History’ we have written about radical history. As radical historians we seek out, explore, and celebrate the diversities of alternatives and oppositions, arguing there is a basic tension between radical history and ‘mainstream history’, a history that is constituted to prop up both capitalism and the state. We see our history as part of the struggle against capitalism and the state. In researching the past, we do not do it nostalgically, but with utilitarian, political intent, recognising that the past has the capacity to variously inspire and inform …
Re-Thinking Aspiration And Hegemonic Masculinity In Transnational Context, Richard Howson
Re-Thinking Aspiration And Hegemonic Masculinity In Transnational Context, Richard Howson
Faculty of Law, Humanities and the Arts - Papers (Archive)
This article offers a contribution to the on-going critical analysis of the concept hegemonic masculinity. However, not in a way that seeks the demise or supersession of the concept but rather to offer a theoretical development that brings into focus certain important and specific claims: (1) that masculinity is something men do yet, (2) hegemonic masculinity requires all men to position themselves in relation to it. In trying to build some connection between these two claims as well as, thinking through some of the key issues that have challenged hegemonic masculinity over the last two to three decades this article …
Turing’S Thinking Machines: Resonances With Surrealism And The Avant-Garde Of The Early 20th Century, Klemens E. James
Turing’S Thinking Machines: Resonances With Surrealism And The Avant-Garde Of The Early 20th Century, Klemens E. James
Faculty of Law, Humanities and the Arts - Papers (Archive)
This paper examines the thinking machines depicted in the visual and theoretical works of Surrealism and other avant-garde movements of the early 20th century. The aim is to establish to what extent the conceptions of these machines prefigure Turing’s ideas about the mechanical brain. Whereas Surrealism and its artistic antecedents (such as the Dadaists) are generally thought to have been uninterested in or mistrustful of such technological developments, it will shown that a number of artists/theorists (Ernst, Duchamp, Picabia, Hausmann, Matta, Dalí, Caillois) envisaged the notion of the thinking machine in a manner which anticipated a number of Turing’s ideas …
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
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.
Thinking Through New, Philip Marshall
Thinking Through New, Philip Marshall
Faculty of Law, Humanities and the Arts - Papers (Archive)
A friend of mine once tried to capture the feeling that one gets from a new thing. He decided that there was no word to describe the sensation of having an unblemished eraser when you were in primary school, but nevertheless it produced a kind of fascinating awe in the apparent perfection of the new. A similar feeling captures the new car owner in smelling the interior's recently minted plastic. Used car dealers would doubtless love to bottle that smell because it produces the momentary pleasure of new ownership. And I am sure there are certain people who are addicted …