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Full-Text Articles in Law

These 'Job Snob' Claims Don't Match The Evidence, Greg Marston, Gaby Ramia, Michelle A. Peterie, Roger Patulny Jan 2019

These 'Job Snob' Claims Don't Match The Evidence, Greg Marston, Gaby Ramia, Michelle A. Peterie, Roger Patulny

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

The "job snobs" are back on the agenda. With some in the Australian government's own ranks arguing for a lift in the unemployment benefit, senior ministers appear to be upping the rhetoric about joblessness being a matter of choice for many.


On The Margins, Rowan Cahill Jan 2019

On The Margins, Rowan Cahill

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

An overview of the work of Iain McIntyre, and a review of his anthology, On the Fly! Hobo Literature and Songs, 1879-1941.


The Aquarian Uprising: America In 1969, Anthony I. Ashbolt Jan 2019

The Aquarian Uprising: America In 1969, Anthony I. Ashbolt

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

The year 1969 was a fascinating era in American history. It was a time of great achievement but also a time of great turbulence. The rebellions of the decade exploded, giving way to the chaos and division of the 1970s.


Comparative Hierophany At Three Object Scales, Teodor E. Mitew Jan 2019

Comparative Hierophany At Three Object Scales, Teodor E. Mitew

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

There was once a village, and close by it there was a waterfall. Villagers believed that under the waterfall there lived a stone golem. This golem was thought to be largely good-natured, as it wouldn't mind people bathing in the pool downstream. Old people remembered that once the golem saved a drowning child by putting a rock under its feet. Many years passed, and the Bureau of Tourism and Recreation briefly considered using this story in its advertising materials for the region. Senior management rejected the idea, as it was thought to contain folklore elements that may be confusing to …


"Not Like That, Not For That, Not By Them": Social Media Affordances Of Critique, Katrin Tiidenberg, Andrew M. Whelan Jan 2019

"Not Like That, Not For That, Not By Them": Social Media Affordances Of Critique, Katrin Tiidenberg, Andrew M. Whelan

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

This paper has two objectives: to explicate the sociotechnical conditions that facilitate critique on social media platforms (specifically: Tumblr); and to operationalize a "working theory" from Foucault's conceptualization of critique. We analyze resistant practices observed (in ethnographic study) in a Not Safe For Work (NSFW) community on Tumblr, arguing that the potential for critique arises there at the intersection of platform architecture and use cultures. Specifically, we show how critique emerges from shared practices of ethics, most visibly enacted through what we call voluntary vulnerability and paying it forward. This potential for critique is arguably at risk with Tumblr's recent …


Making States Accountable For Deliberate Forced Displacement, Philip C. Orchard Jan 2019

Making States Accountable For Deliberate Forced Displacement, Philip C. Orchard

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

How should we respond to states that deliberately displace their own populations? While the international refugee regime is anchored in the 1951 Refugee Convention and the work of the United Nations High Commissioner for Refugees (UNHCR), the Convention is silent on the question of state culpability, and the UNHCR's Statute established its entirely non-political character. Although rarely applied, four forms of complementary enforcement mechanisms already exist that could be used to limit and deter deliberate displacement by states: the UN Human Rights Council's Universal Periodic Review mechanism; soft and regional law, such as the UN Guiding Principles on Internal Displacement; …


A Slow Reading Of Olive Senior's Hurricane Story, Anne A. Collett Jan 2019

A Slow Reading Of Olive Senior's Hurricane Story, Anne A. Collett

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

Over the course of the 20th century, recourse to satellite and radar technology, and the use of reconnaissance aircraft, has greatly assisted the tracking of tropical cyclones. In addition, data buoys are now employed throughout the Gulf of Mexico and along the Atlantic and Pacific seaboards to relay air and water temperature, wind speed, air pressure and wave conditions that enable more accurate prediction and monitoring of storm systems. But before the people of the Caribbean had recourse to modern instrumentation and communication, surviving a regular hurricane season was founded on sensitivity to environment, accumulated knowledge passed from one generation …


Over-The-Top Policing Of Bike Helmet Laws Targets Vulnerable Riders, Julia Quilter, Russell G. Hogg Jan 2019

Over-The-Top Policing Of Bike Helmet Laws Targets Vulnerable Riders, Julia Quilter, Russell G. Hogg

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

Cycling is often held up as a model of healthy and sustainable urban transport. So why have bike laws become more, not less, draconian? Our ongoing research shows mandatory helmet laws have become a tool of disproportionate penalties and aggressive policing.


Enactive Pain And Its Sociocultural Embeddedness, Katsunori Miyahara Jan 2019

Enactive Pain And Its Sociocultural Embeddedness, Katsunori Miyahara

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

This paper disputes the theoretical assumptions of mainstream approaches in philosophy of pain, representationalism and imperativism, and advances an enactive approach as an alternative. It begins by identifying three shared assumptions in the mainstream approaches: the internalist assumption, the brain-body assumption, and the semantic assumption. It then articulates an alternative, enactive approach that considers pain as an embodied response to the situation. This approach entails the hypothesis of the sociocultural embeddedness of pain, which states against the brain-body assumption that the intentional character of pain depends on the agent's sociocultural background. The paper then proceeds to consider two objections. The …


Interactive Expertise In Solo And Joint Musical Performance, Simon Hoffding, Glenda L. Satne Jan 2019

Interactive Expertise In Solo And Joint Musical Performance, Simon Hoffding, Glenda L. Satne

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

The paper presents two empirical cases of expert musicians-a classical string quartet and a solo, free improvisation saxophonist-to analyze the explanatory power and reach of theories in the field of expertise studies and joint action. We argue that neither the positions stressing top-down capacities of prediction, planning or perspective-taking, nor those emphasizing bottom-up embodied processes of entrainment, motor-responses and emotional sharing can do justice to the empirical material. We then turn to hybrid theories in the expertise debate and interactionist accounts of cognition. Attempting to strengthen and extend them, we offer 'Arch': an overarching conception of musical interaction as an …


Small Histories: A Road Trip Reveals Local Museums Stuck In A Rut, Jennifer Saunders Jan 2019

Small Histories: A Road Trip Reveals Local Museums Stuck In A Rut, Jennifer Saunders

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

You leave Sydney and head for holidays on the South Coast. You plan to catch a quick surf, check out the boutiques and cafes, stroll around a local museum. ..


Designing Virtuous Sex Robots, Anco Peeters, Pim Haselager Jan 2019

Designing Virtuous Sex Robots, Anco Peeters, Pim Haselager

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

We propose that virtue ethics can be used to address ethical issues central to discussions about sex robots. In particular, we argue virtue ethics is well equipped to focus on the implications of sex robots for human moral character. Our evaluation develops in four steps. First, we present virtue ethics as a suitable framework for the evaluation of human-robot relationships. Second, we show the advantages of our virtue ethical account of sex robots by comparing it to current instrumentalist approaches, showing how the former better captures the reciprocal interaction between robots and their users. Third, we examine how a virtue …


The Imitation Game: Mock Foods In The Australian Women's Weekly, 1933-82, Lauren Samuelsson Jan 2019

The Imitation Game: Mock Foods In The Australian Women's Weekly, 1933-82, Lauren Samuelsson

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

This article explores the rise and demise of mock food in Australian food culture by analysing recipes drawn from the pages of the Australian Women's Weekly. Mock foods were approximations and substitutions for 'the real thing' and were especially popular during the years of austerity and scarcity generated by the Great Depression and World War II. The fluctuating popularity of these foods, including mock chicken and mock cream, reveals the shifting cultural importance of various foodstuffs to the Australian diet. Their appearance also demonstrates the remarkable ability of Australian domestic cooks, especially women, to adopt, adapt and innovate, an important …


Misplacing Memories? An Enactive Approach To The Virtual Memory Palace, Anco Peeters, Miguel Segundo Ortin Jan 2019

Misplacing Memories? An Enactive Approach To The Virtual Memory Palace, Anco Peeters, Miguel Segundo Ortin

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

In this paper, we evaluate the pragmatic turn towards embodied, enactive thinking in cognitive science, in the context of recent empirical research on the memory palace technique. The memory palace is a powerful method for remembering yet it faces two problems. First, cognitive scientists are currently unable to clarify its efficacy. Second, the technique faces significant practical challenges to its users. Virtual reality devices are sometimes presented as a way to solve these practical challenges, but currently fall short of delivering on that promise. We address both issues in this paper. First, we argue that an embodied, enactive approach to …


Ecological Psychology Is Radical Enough: A Reply To Radical Enactivists, Miguel Segundo Ortin, Manuel Heras-Escribano, Vicente Raja Jan 2019

Ecological Psychology Is Radical Enough: A Reply To Radical Enactivists, Miguel Segundo Ortin, Manuel Heras-Escribano, Vicente Raja

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

Ecological psychology is one of the most influential theories of perception in the embodied, anti-representational, and situated cognitive sciences. However, radical enactivists claim that Gibsonians tend to describe ecological information and its 'pick up' in ways that make ecological psychology close to representational theories of perception and cognition. Motivated by worries about the tenability of classical views of informational content and its processing, these authors claim that ecological psychology needs to be "RECtified" so as to explicitly resist representational readings. In this paper, we argue against this call for RECtification. To do so, we offer a detailed analysis of the …


Exoticism Or Visceral Cosmopolitanism: Difference And Desire In Chinese Australian Women's Writing, Wenche Ommundsen Jan 2019

Exoticism Or Visceral Cosmopolitanism: Difference And Desire In Chinese Australian Women's Writing, Wenche Ommundsen

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

In Visceral Cosmopolitanism, Mica Nava posits a positive and, by her own admission, utopian alternative to postcolonial readings of the sexualisation of difference: a cosmopolitanism located with the antiracist 'micro-narratives and encounters of the emotional, gendered and domestic everyday' (2007: 14). Olivia Khoo, in The Chinese Exotic, defines a new, diasporic Chineseness which 'conceives of women and femininity, not as the oppressed, but as forming part of the new visibility of Asia' (2007: 12). My reading of recent fiction by Chinese Australian women writers proposes to test these theories against more established models for understanding East/West intimate encounters such as …


The Impending Demise Of The Wto Appellate Body: From Centrepiece To Historical Relic?, Markus Wagner Jan 2019

The Impending Demise Of The Wto Appellate Body: From Centrepiece To Historical Relic?, Markus Wagner

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

The current crisis engulfing the multilateral trading system has crystalized in the dispute over the (re-)appointment of the members of the World Trade Organization's Appellate Body. While the legislative arm of the organization has never lived up to its potential, its dispute settlement arm with the Appellate Body at its apex was seen as a lodestar for other international courts and tribunals. The United States has taken issue not only with individual decisions of the Appellate Body (as well as individual Appellate Body members), but with the institution as such. The article recounts the important institutional redesign that has led …


"Ask For More Time": Big Data Chronopolitics In The Australian Welfare Bureaucracy, Andrew M. Whelan Jan 2019

"Ask For More Time": Big Data Chronopolitics In The Australian Welfare Bureaucracy, Andrew M. Whelan

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

Since 2016, welfare recipients in Australia have been subject to the Online Compliance Intervention (OCI), implemented through the national income support agency, Centrelink. This is a big data initiative, matching reported income to tax records to recoup welfare overpayments. The OCI proved controversial, notably for a "reverse onus," requiring that claimants disprove debts, and for data-matching design leading frequently to incorrect debts. As algorithmic governance, the OCI directs attention to the chronopolitics of contemporary welfare bureaucracies. It outsources labor previously conducted by Centrelink to clients, compelling them to submit documentation lest debts be raised against them. It imposes an active …


Sonic Havens: How We Use Music To Make Ourselves Feel At Home, Michael J. Walsh, Eduardo De La Fuente Jan 2019

Sonic Havens: How We Use Music To Make Ourselves Feel At Home, Michael J. Walsh, Eduardo De La Fuente

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

The concept of "home" refers to more than bricks and mortar. Just as cities are more than buildings and infrastructure, our homes carry all manner of emotional, aesthetic and socio-cultural significance. Our research investigates music and sound across five settings: home, work, retail spaces, private vehicle travel and public transport.


Language And Attitude Shift Of Young Mauritians In Secondary Education, Anu Bissoonauth-Bedford Jan 2019

Language And Attitude Shift Of Young Mauritians In Secondary Education, Anu Bissoonauth-Bedford

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

This study investigated the changing patterns of language use and language attitudes of younger generations of Mauritians over the last two decades. This article discusses the shift in language attitudes of students in secondary education with special emphasis on Kreol*, taught since 2012 in primary schools and from 2018 in secondary schools. A comparison with results from earlier studies suggests a positive attitude shift towards Kreol in education as well as an acceptance of multilingualism and multiculturalism as an integral part of being Mauritian. Asian heritage languages lag behind in the multi-diglossic patterns of language use. Nonetheless, despite a steady …


Sex Trafficking To The Federated Malay States 1920-1940: From Migration For Prostitution To Victim Or Criminal?, Vicki D. Crinis Jan 2019

Sex Trafficking To The Federated Malay States 1920-1940: From Migration For Prostitution To Victim Or Criminal?, Vicki D. Crinis

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

This article analyses the relationships between the colonial government in the Federated Malay States (FMS), international social movement organisations, the League of Nations and sex trafficking. While there is considerable scholarship on social movement organisations and the League of Nations, far less is known about the links between internationalism, colonialism and sex trafficking. After the First World War, trafficking became the focus of social movement organisations and the League of Nations, but colonial regulation of prostitution and tolerated brothels complicated international responses to trafficking. Colonial administrators saw prostitution as an essential service, whereas feminist and international social movement organisations saw …


The Impact Of Gender On International Relations Simulations, Susan N. Engel, Deborah Mayersen, David Pedersen, Joakim Eidenfalk Jan 2019

The Impact Of Gender On International Relations Simulations, Susan N. Engel, Deborah Mayersen, David Pedersen, Joakim Eidenfalk

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

Model United Nations (MUN) simulations are an increasingly popular approach to teaching international relations, in both secondary and tertiary education. There is some evidence, however, that these simulations disadvantage female participants. Studies by Rosenthal et al. and Coughlin found that female students participate less in simulations than their male classmates. This may limit the value of simulations, which have otherwise been recognized as an effective active learning technique. This study investigates the impact of gender, and an intervention designed to address gender disparities in participation, on a MUN simulation conducted in a second-year undergraduate course. The study confirmed previous findings …


The Vowel /U/ Before Deleted Word-Final /S/, /R/, And /Θ/ In Eastern Andalusian Spanish, Alfredo Herrero De Haro Jan 2019

The Vowel /U/ Before Deleted Word-Final /S/, /R/, And /Θ/ In Eastern Andalusian Spanish, Alfredo Herrero De Haro

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

Eastern Andalusian Spanish deletes all coda consonants; yet, coda deletion analyses have focused on /-s/. The acoustic and statistical analyses of 317 tokens of /u/ in 24 Eastern Andalusian speakers confirm that the differences in quality between word-final /u/ and /u/ preceding deleted /-s/, /-r/, and /-θ/ are statistically significant. Furthermore, /-s/, /-r/, and /-θ/ deletion changes the quality of a preceding /u/ in different degrees but the difference of quality between these three realisations of /u/ is not statistically significant. Likewise, a perception experiment confirms that Eastern Andalusian speakers can identify whether or not /u/ is followed by an …


Boycott Them! No, Boycott This! Do Choice Overload And Small-Agent Rationalization Inhibit The Signing Of Anti‐Consumption Petitions?, Ulku Yuksel, Nguyen T. Thai, Michael S. Lee Jan 2019

Boycott Them! No, Boycott This! Do Choice Overload And Small-Agent Rationalization Inhibit The Signing Of Anti‐Consumption Petitions?, Ulku Yuksel, Nguyen T. Thai, Michael S. Lee

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

The Internet and social media have increased the number of organizations and individuals asking consumers to sign petitions against transgressing brands. This raises a question as to whether such increases in requests to sign a petition to support a boycott positively or negatively impact on consumer willingness to enact anti-consumption. Via experiments, this study investigates the effect that choice overload has on consumers signing a petition in support of a boycott call. The findings establish that individuals who need to make a choice from numerous boycott calls (i.e., large choice-sets) are less likely to sign a petition to support a …


Re-Examining Miller V Miller: A Search For Rationality And Coherence In Australia's Illegality Defence, Aidan Lerch, Yvonne M. Apolo Jan 2019

Re-Examining Miller V Miller: A Search For Rationality And Coherence In Australia's Illegality Defence, Aidan Lerch, Yvonne M. Apolo

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

While it has long been accepted that a 'confirmed criminal is as much entitled to redress as his most virtuous fellow citizen',1 the defence of illegality has the potential to entirely divest plaintiffs of private law remedies. In light of the anomalous approach to the illegality defence adopted by the High Court of Australia in Miller v Miller, this article considers whether Australia's illegality defence in the general law of torts requires reformulation. In adopting a comparative approach, the article demonstrates that although Australia's duty-based illegality defence is criticised for being unusual and indeed unjust, the discretionary-based approach implemented within …


Writing Regularly As A Thesis-Completion Strategy, Brian Martin Jan 2019

Writing Regularly As A Thesis-Completion Strategy, Brian Martin

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

In 2008, I had been supervising Ph.D. students for 20 years when I happened on a short book by Tara Gray (2005/2015) entitled Publish & Flourish. Tis led me to change my approach considerably. In supervising, I now focus more on the process of doing research, especially writing, and less on the content. Te results have been positive.


Area-Based Management Tools: Developing Regulatory Frameworks For Areas Beyond National Jurisdiction, Robin M. Warner Jan 2019

Area-Based Management Tools: Developing Regulatory Frameworks For Areas Beyond National Jurisdiction, Robin M. Warner

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

The increasing intensity and impacts of human activities in the global oceans pose significant threats to the extensive repository of marine species, habitats and ecosystems in the vast marine areas beyond national jurisdiction (abnj). This article examines the scope of these threats and the role of area-based management mechanisms such as marine protected areas (mpas) in addressing those threats. It discusses the law and policy rationale for establishing mpas in abnj and some regional examples of mpa designation in the North East Atlantic, the Mediterranean, Antarctica and the Sargasso Sea. Finally, it reviews global initiatives in the United Nations to …


Similarity-Based Cognition: Radical Enactivism Meets Cognitive Neuroscience, Miguel Segundo Ortin, Daniel D. Hutto Jan 2019

Similarity-Based Cognition: Radical Enactivism Meets Cognitive Neuroscience, Miguel Segundo Ortin, Daniel D. Hutto

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

2019, Springer Nature B.V. Similarity-based cognition is commonplace. It occurs whenever an agent or system exploits the similarities that hold between two or more items-e.g., events, processes, objects, and so on-in order to perform some cognitive task. This kind of cognition is of special interest to cognitive neuroscientists. This paper explicates how similarity-based cognition can be understood through the lens of radical enactivism and why doing so has advantages over its representationalist rival, which posits the existence of structural representations or S-representations. Specifically, it is argued that there are problems both with accounting for the content of S-representations and with …


Following The Fish Inland: Understanding Fish Distribution Networks For Rural Development And Nutrition Security, Dirk J. Steenbergen, Hampus B. Eriksson, Kimberley Hunnam, David J. Mills, Natasha Stacey Jan 2019

Following The Fish Inland: Understanding Fish Distribution Networks For Rural Development And Nutrition Security, Dirk J. Steenbergen, Hampus B. Eriksson, Kimberley Hunnam, David J. Mills, Natasha Stacey

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

© 2019, International Society for Plant Pathology and Springer Nature B.V. In developing countries, small-scale fisheries are both a pivotal source of livelihood and essential for the nutritional intake of larger food insecure populations. Distribution networks that move fish from landing sites to coastal and inland consumers offer entry points to address livelihood enhancement and food security objectives of rural development initiatives. To be able to utilize fish distribution networks to address national development targets, a sound understanding of how local systems function and are organized is imperative. Here we present an in-depth examination of a domestic market chain in …


Comparing Sustainability Claims With Assurance In Organic Agriculture Standards, Francisco Ascui, Anna K. Farmery, Fred Gale Jan 2019

Comparing Sustainability Claims With Assurance In Organic Agriculture Standards, Francisco Ascui, Anna K. Farmery, Fred Gale

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

© 2019, © 2019 Environment Institute of Australia and New Zealand Inc. Voluntary organic standard-setting organisations (SSOs) depend upon public trust in the truth claims implied by their labels: that the product in question has been produced using organic methods. They create and maintain this trust through assurance frameworks based on third-party verification of compliance with organic standards. It is therefore potentially problematic if an SSO makes additional claims that are not capable of being supported by their assurance frameworks. We investigate the claims made about the sustainability of organic agriculture by three voluntary organic SSOs, compared with assurance provisions …