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Full-Text Articles in Law
Critical Allies And Feminist Praxis: Rethinking Dis-Ease, Colleen Mcgloin
Critical Allies And Feminist Praxis: Rethinking Dis-Ease, Colleen Mcgloin
Faculty of Law, Humanities and the Arts - Papers (Archive)
In Australian universities, non-Indigenous educators teaching Indigenous studies and/or Indigenous content must engage critically with anti-colonialism, not simply as lip service to syllabus content, but also, as an ethical consideration whereby consultation and collaboration with Indigenous scholars must necessarily direct praxis. Such an engagement might be referred to as a 'critical alliance': an engagement with Others about whom we are speaking that forms the basis for an ethical relationship. A 'critical alliance' with Others seeks always to undermine the colonial relations of power that discursively position both Indigenous and non-Indigenous subjects. This paper explores what such an alliance might 'look …
Social Cognition And Psychopathology: A Critical Overview, Shaun Gallagher, Somogy Varga
Social Cognition And Psychopathology: A Critical Overview, Shaun Gallagher, Somogy Varga
Faculty of Law, Humanities and the Arts - Papers (Archive)
The philosophical and interdisciplinary debate about the nature of social cognition, and the processes involved, has important implications for psychiatry. On one account, mindreading depends on making theoretical inferences about another person's mental states based on knowledge of folk psychology, the so-called "theory theory" (TT). On a different account, "simulation theory" (ST), mindreading depends on simulating the other's mental states within one's own mental or motor system. A third approach, "interaction theory" (IT), looks to embodied processes (involving movement, gesture, facial expression, vocal intonation, etc.) and the dynamics of intersubjective interactions (joint attention, joint action, and processes not confined to …
Critical Pedagogy And Social Inclusion Policy In Australian Higher Education: Identifying The Disjunctions, Jeannette Stirling, Colleen Mcgloin
Critical Pedagogy And Social Inclusion Policy In Australian Higher Education: Identifying The Disjunctions, Jeannette Stirling, Colleen Mcgloin
Faculty of Law, Humanities and the Arts - Papers (Archive)
Within neoliberalism, policy implementation assimilates issues of social justice, such as diversity, by incorporating them into frameworks that pay “lip service” to important issues affecting both students and educators. This paper critically engages with higher education policies in Australia dealing with social justice, diversity, and social inclusion. Our discussion draws largely from Freirian pedagogy as well as a selective range of critical theorists to consider what we see as a radical disconnection between policy and practice in our teaching. We argue that this disjunction can adversely affect students and educators and that attention to policy’s limitations is necessary in efforts …
Listening To Hear: Critical Allies In Indigenous Studies, Colleen Mcgloin
Listening To Hear: Critical Allies In Indigenous Studies, Colleen Mcgloin
Faculty of Law, Humanities and the Arts - Papers (Archive)
This paper reflects on a particular class in an undergraduate seminar in Australian Indigenous Studies where anecdote played a crucial role and where both the teacher and learners were challenged to consider their implication as racialised subjects in the teaching and learning process. The paper argues that student anecdote can be a vital bridge between theory and practice in adult learning. It suggests that all learners in Indigenous Studies, and also in studies of race and difference more generally, need to undertake effective listening and hearing practices in order to consider, imagine and engage with experiences and worldviews other than …
Work With Men To End Violence Against Women: A Critical Stocktake, Michael Flood
Work With Men To End Violence Against Women: A Critical Stocktake, Michael Flood
Faculty of Law, Humanities and the Arts - Papers (Archive)
This paper provides a critical assessment of efforts to involve men in the prevention of men's violence against women. Although there is a substantial evidence base attesting to the effectiveness of at least some strategies and interventions, this field is also limited in important ways. Violence prevention efforts often have focused on changing men's attitudes, rather than also seeking to transform structural and institutional inequalities. While feminist and queer scholarship has explored diversities and pluralities in the organisation of sexuality, much violence prevention work often assumes a homogenously heterosexual male constituency. Too often this work is conceptually simplistic with regard …
Tim Winton: Critical Essays, Edited By Lyn Mccredden And Nathanael O'Reilly, Colleen Mcgloin
Tim Winton: Critical Essays, Edited By Lyn Mccredden And Nathanael O'Reilly, Colleen Mcgloin
Faculty of Law, Humanities and the Arts - Papers (Archive)
[extract] As the editors of Tim Winton: Critical Essays rightly note, literary criticism of Tim Winton’s work has been sparse to date. This observation is supported elsewhere (Rooney, 2009, 159) and by this writer who was at a loss in recent times when seeking critical works that might enrich a feminist reading of Breath (2008). The long overdue volume of critical works in Tim Winton: Critical Essays is therefore a most welcome contribution both to Winton studies and to literary criticism. Critical essays in this volume draw from a wide range of standpoints, critiques and reflections, bringing together a remarkably …
Applying The Critical Lens To Judicial Officers And Legal Practitioners Involved In Sentencing Indigenous Offenders: Will Anyone Or Anything Do?, Elena Marchetti, Janet Ransley
Applying The Critical Lens To Judicial Officers And Legal Practitioners Involved In Sentencing Indigenous Offenders: Will Anyone Or Anything Do?, Elena Marchetti, Janet Ransley
Faculty of Law, Humanities and the Arts - Papers (Archive)
In recent years there have been many attempts aimed at transforming the relationship between Indigenous people and the criminal justice system in Australia. Some of these attempts have been directed at policing relationships, including such measures as community and night patrols. Others have focused on prisons, including attempts at greater cultural accommodation, and even the building of Aboriginal prisons. The focus of this article, however, is on the relationship between Indigenous people and court processes, especially in regards to sentencing. In particular, the article explores innovative sentencing courts, practices and principles introduced across the Australian jurisdictions specifically aimed at Indigenous …
The Morality Of The Social In Critical Accounts Of Popular Music, Andrew Whelan
The Morality Of The Social In Critical Accounts Of Popular Music, Andrew Whelan
Faculty of Law, Humanities and the Arts - Papers (Archive)
Talk about music, broadly understood, is commonly conducted and regarded as a neutral or transparent window on its topic. However, both vernacular and formal-analytic scholarly accounts constitute music as morally significant, and in doing so, articulate particular narratives of the social. One such contextual frame of reference for talking about music is presented and described here as 'art vs. commerce'. A close analysis is conducted of a sentence in a recent academic paper (with attention to its conceptual buttressing in antecedent texts), and of the opening of a research interview with a musician, so as to show how contemporary articulations …
Food Safety Offenses In New South Wales, Australia: A Critical Appreciation Of Their Complexities, Abu Noman Mohammad Atahar Ali, S M. Solaiman
Food Safety Offenses In New South Wales, Australia: A Critical Appreciation Of Their Complexities, Abu Noman Mohammad Atahar Ali, S M. Solaiman
Faculty of Law, Humanities and the Arts - Papers (Archive)
Food is essentially a primary need of all life to remain alive. Faults or carelessness of human beings renders foods unsafe, which may cause disease and death. This article examines selected food safety offenses of New South Wales aimed at assessing their definitional clarity and penal rationality looking through the lens of an offender's culpability. It carries out a critical analysis based on archival materials and concludes that the present offense provisions hold significant merits to regulate food safety; however, further clarity of their inherent complexities could enhance their efficacy.
Engaging In Good Faith: Ethics, Archives, Critical Constitutionalisms - An Invited Response To Samuel W. Calhoun, Stopping Philadelphia Abortion Provider Kermit Gosnell And Preventing Others Like Him: An Outcome That Both Pro-Choicers And Pro-Lifers Should Support, Penelope J. Pether
Faculty of Law, Humanities and the Arts - Papers (Archive)
Like Professor Calhoun, I hold little hope for an end to this distinctive national battle in what Australian constitutional law scholars Tony Blackshield and George Williams, echoing Justice Scalia’s opinion in Romer v. Evans, aptly call our “‘culture war’ over issues of sexuality.” Other battles in this war, such as the current litigation in the federal courts over the constitutionality of bans on same-sex marriage or the controversy of the Obama Administration’s departure from its “science standard” in refusing the National Institutes of Health’s recommendations that the “morning after pill” be made available over-the-counter to minors, presently dot the jurisdiction, …
Scanning The Lifeworld: Toward A Critical Neuroscience Of Action And Interaction, Shaun Gallagher
Scanning The Lifeworld: Toward A Critical Neuroscience Of Action And Interaction, Shaun Gallagher
Faculty of Law, Humanities and the Arts - Papers (Archive)
A recent report published in Neuron, a leading journal of neuroscience, by researchers at Japan's ATR Computational Neuroscience Laboratories (Miyawaki et al., 2008) has been the basis for a claim that new technology able to analyze signals in the brain "can reconstruct the images inside a person's mind and display them on a computer monitor." Although claims made in the actual research paper were much more modest, in the media the standard, optimistic predictions were quick to come. "These results are a breakthrough in terms of understanding brain activity. In as little as 10 years, advances in this field of …
Critical Discernment Of Quality In Singing: An Approach To Encouraging Self-Regulated Singers Through Peer Assessment, Lotte Latukefu
Critical Discernment Of Quality In Singing: An Approach To Encouraging Self-Regulated Singers Through Peer Assessment, Lotte Latukefu
Faculty of Law, Humanities and the Arts - Papers (Archive)
In 2008, as part of the ongoing development of a learning model for singing using sociocultural theories, peer assessment was introduced into the singing component of a tertiary level, undergraduate, creative arts performance course. The purpose of this exercise was to encourage students to become self-regulated learners capable of continuing with their learning after graduation. Falchikov (2007) has argued that peer involvement in assessment has the potential to encourage learning and develop assessment skills that will last a lifetime. The project investigated what effect changing the role of the actor/singer in an assessment has on the group and also the …
Local Governance In Bangladesh: Towards A “Critical Mass” To Combat Discrimination Against Women With Special Reference To India, Afroza Begum
Faculty of Law, Humanities and the Arts - Papers (Archive)
Women’s right to freedom from discrimination is the constitutionally entrenched fundamental right… and is repeatedly guaranteed in a series of legislation in Bangladesh. Bangladesh also assumes affirmative obligations to respect and ensure this right through ratifying over a dozen international human rights instruments. Despite that fact, discrimination persists in a pervasive form to deny women’s equal rights in legislative offices…, and women are unjustifiably deprived of their lawful rights and privileges….Legal initiatives and women’s activism across nations have forced to significant modifications in policies of political parties and laws to redress women’s meagre status in governance. Drawing upon this insight, …
Changing The Channel: What To Do With The Critical Abilities Of Law Students As Viewers?, Cassandra Sharp
Changing The Channel: What To Do With The Critical Abilities Of Law Students As Viewers?, Cassandra Sharp
Faculty of Law, Humanities and the Arts - Papers (Archive)
It is now generally acknowledged within the cultural studies tradition that media can actually be consumed in a mediated sense - that is, oppositionally and not hegemonically. The viewer is no longer seen as powerless and 'vulnerable to the agencies of commerce and ideology', but rather as both selective and active. Law students, as viewers, are constantly interpreting, transforming and producing meaning in relation to the images of law presented to them. They are utilising this process to not only make sense of the law, but also to analyse and reflect on their personal ideas and values in light of …
Multilateral Investment Guarantee Agency: A Critical Appreciation Of Its Guarantee Service, S M. Solaiman
Multilateral Investment Guarantee Agency: A Critical Appreciation Of Its Guarantee Service, S M. Solaiman
Faculty of Law, Humanities and the Arts - Papers (Archive)
Foreign Direct Investment (FDI) in developing countries alarmingly decreased during the first half of the 1980s. Gross FDI declined during this period from $13 billion to $9 billion in 1986.1 However, there are strong indications that viable investment opportunities exist in those countries but investors tend to avoid these opportunities because of concern about risks which are primarily non-commercial and political in nature. In such a situation Multilateral Investment Guarantee Agency (MIGA), fifth affiliate to the World Bank Group, has been established as the first international guarantor of FDI. It is an autonomous international organisation with 'full judicial personality' under …