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Full-Text Articles in Law

It's All About The Sex, Or Is It? Humans, Horses And Temperament, Kate Fenner, Georgina Caspar, Michelle Hyde, Cathrynne Henshall, Navneet Dhand, Fiona S. Probyn-Rapsey, Katherine Dashper, Andrew Mclean, Paul Mcgreevy Jan 2019

It's All About The Sex, Or Is It? Humans, Horses And Temperament, Kate Fenner, Georgina Caspar, Michelle Hyde, Cathrynne Henshall, Navneet Dhand, Fiona S. Probyn-Rapsey, Katherine Dashper, Andrew Mclean, Paul Mcgreevy

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

We propose that the anthropomorphic application of gender stereotypes to animals influences human-animal interactions and human expectations, often with negative consequences for female animals. An online survey was conducted to explore riders' perceptions of horse temperament and suitability for ridden work, based on horse sex. The questionnaire asked respondents to allocate three hypothetical horses (a mare, gelding and stallion) to four riders compromising a woman, man, girl and boy. Riders were described as equally capable of riding each horse and each horse was described as suitable for all riders. Participants were also asked which horses (mares, geldings or stallions) were …


Controlling The Clock-How Showing And Telling Impact Time In Short-Short Fiction, Shady E. Cosgrove Jan 2019

Controlling The Clock-How Showing And Telling Impact Time In Short-Short Fiction, Shady E. Cosgrove

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

'Show, don't tell' is a common axiom in creative writing classes but the short-short story form complicates this idea. Often, in micro- and flash fiction it is through telling and implication that showing occurs. Taking that into account, I will argue that in the micro- and flash context, where brevity defines the narrative parameters, the relationship between showing and telling is one connected to pacing and the narrative construction of time. That is, what the author chooses to show and tell often impacts on the representation of temporality. This will be explored critically and creatively via case studies 'Insect Wisdom' …


Normativity With A Human Face: Placing Intentional Norms And Intentional Agents Back In Nature, Glenda L. Satne, Bernardo Ainbinder Jan 2019

Normativity With A Human Face: Placing Intentional Norms And Intentional Agents Back In Nature, Glenda L. Satne, Bernardo Ainbinder

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

Many philosophers identify normativity as the distinctive mark of intentionality. Among them, John McDowell has underscored the need to overcome any form of dualism between reason and nature in order to properly account for the way in which such norms can be about the world around us, dubbing this project a "rehabilitation of empiricism." Steven Crowell argues that McDowell's notion of experience falls short in accounting for the way in which we can experience the world as normative and is hence insufficient for rehabilitating empiricism in McDowell's sense. In this chapter, we will contend that Crowell's attempt to provide a …


South-South Cooperation In Southeast Asia: From Bandung And Solidarity To Norms And Rivalry, Susan N. Engel Jan 2019

South-South Cooperation In Southeast Asia: From Bandung And Solidarity To Norms And Rivalry, Susan N. Engel

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

This article demonstrates how South-South Cooperation (SSC), as it is now constituted in Southeast Asia, is little more than a liberal norm retaining only echoes of its origins in the 1955 Bandung Conference that first created SSC based on solidarity, common interests, and sovereignty. Southeast Asia is a useful case study of SSC's evolution, as its states have been major players over the decades - with Indonesia proposing the Bandung Conference, Malaysia playing a key role in the 1980s, and Indonesia again at the forefront of the region from the first years of the new century onwards. Thailand and Singapore …


Beyond The Heroic Stereotype: Sidney Jeffryes And The Mythologising Of Australian Antarctic History, Elizabeth Leane, Ben Maddison, Kimberley Norris Jan 2019

Beyond The Heroic Stereotype: Sidney Jeffryes And The Mythologising Of Australian Antarctic History, Elizabeth Leane, Ben Maddison, Kimberley Norris

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

In 2010 the Australian Antarctic Names and Medals Committee announced that it had named a glacier near Commonwealth Bay in East Antarctica in honour of Sidney Jeffryes. Jeffryes was a member of Douglas Mawson's Australasian Antarctic Expedition (AAE), 1911-14, and the decision to attach his name to an Antarctic feature, coming just before the centenary of the AAE's departure, reflected a gradual historical revisionism around the expedition occurring at this time. Seeking to 'honour … historically significant figures … whose contributions [to the AAE] have not yet been recognised', the Committee also attached the names of two other previously ignored …


Perceptions Of Islam And Muslims In Contemporary Japan, Atsushi Yamagata Jan 2019

Perceptions Of Islam And Muslims In Contemporary Japan, Atsushi Yamagata

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

In Japan, the population of Muslim residents is estimated to be only around 170,000; however, the number of Muslims visiting or living in Japan is expected to increase in the future. There have been some studies to date focusing on the development of Muslim communities in Japan, but there has only been limited discussion of perceptions of Islam and Muslims in Japan. In this article, I explore perceptions of Islam and Muslims by analysing incidences of official surveillance of Muslims in Japan, displays of anti-Islamic sentiment by ultra-conservative activists, and newspaper articles about Muslims in Japan. Following the recent influx …


Spiral Jetty, Geoaesthetics, And Art: Writing The Anthropocene, Su Ballard, Elizabeth Linden Jan 2019

Spiral Jetty, Geoaesthetics, And Art: Writing The Anthropocene, Su Ballard, Elizabeth Linden

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

Despite the call for artists and writers to respond to the global situation of the Anthropocene, the 'people disciplines' have been little published and heard in the major journals of global environmental change. This essay approaches the Anthropocene from a new perspective: that of art. We take as our case study the work of American land artist Robert Smithson who, as a writer and sculptor, declared himself a 'geological agent' in 1972. We suggest that Smithson's land art sculpture Spiral Jetty could be the first marker of the Anthropocene in art, and that, in addition, his creative writing models narrative …


Who Was Jane Walker? Remembering Women's Activism, Sharon Crozier-De Rosa, Vera Mackie Jan 2019

Who Was Jane Walker? Remembering Women's Activism, Sharon Crozier-De Rosa, Vera Mackie

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

In April 2019, Time Magazine released its annual list of the ‘100 most influential people’. Alongside such leaders as US House Speaker Nancy Pelosi and New Zealand Prime Minister Jacinda Ardern, a surprising figure came in at number 101: Jane Walker.


Book Review: You Daughters Of Freedom: The Australians Who Won The Vote And Inspired The World, Sharon Crozier-De Rosa Jan 2019

Book Review: You Daughters Of Freedom: The Australians Who Won The Vote And Inspired The World, Sharon Crozier-De Rosa

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

In 1911, while visiting London, Australian suffragist Vida Goldstein was embroiled in a heated debate with a male correspondent to the British Anti-Suffrage Review about the relative merits of British and Australian women voters. The British man was exasperated by Goldstein’s claims to parity. Australian women, voting as they had been since the early 1900s, voted only on provincial matters. If women were to vote in England, they would have a hand in directing the affairs of a vast and troublesome empire. Surely, he said, ‘not even the most enthusiastic Australian would dream of suggesting that the Imperial Parliament was …


I’M Not Convinced That The Celebratory ‘We’Re Having A Feminist Moment’ Helps Feminism, Sharon Crozier-De Rosa Jan 2019

I’M Not Convinced That The Celebratory ‘We’Re Having A Feminist Moment’ Helps Feminism, Sharon Crozier-De Rosa

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

It hurts to say this on International Women’s Day. The IWD2019 website says: ‘From grassroots activism to worldwide action, we are entering an exciting period of history where the world expects balance.’ I want to join in the celebrations while remaining mindful of the work that has yet to be done to reach this year’s aspirational theme of #BalanceforBetter. But one thing stops me – the relationship between notions of ‘waves’, ‘turns’, ‘moments’, ‘phases’ and memory.


How Fighting For The Vote Exposed The Hierarchy Of Nationalisms In The Uk, Sharon Crozier-De Rosa Jan 2019

How Fighting For The Vote Exposed The Hierarchy Of Nationalisms In The Uk, Sharon Crozier-De Rosa

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

The Irish border, and subsequently Irish politics, have been declared ‘troublesome’ in negotiations over Brexit – Britain’s exit out of the European Union. As the BBC reports, "In 2018, the Irish border assumed a greater role in British politics than at probably any time since it was created." Yet, ongoing attempts to make sense of Brexit has led some commentators to claim that it is not troublesome Irish politics – it is not even Britain’s relationship with Europe – but rather, it is the relationship between the four-nation state United Kingdom and British democracy that is the problem.


As Question Time Becomes Political Theatre, Does It Still Play A Vital Role In Government?, Gregory C. Melleuish Jan 2019

As Question Time Becomes Political Theatre, Does It Still Play A Vital Role In Government?, Gregory C. Melleuish

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

Question Time is, in a sense, the highlight of any day of parliament. It is televised and attracts the attention of the media, providing political leaders with fairly regular public exposure. If parliament is about theatre, this is the headlining act. It is a major opportunity for the government of the day to strut its stuff and for the opposition to embarrass the government. In theory, question time is about accountability. But in practice, it is about politics.


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 …