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The last outlaw: Making a nation from the crimes of Jimmy Governor. This project aims to produce a legal history of the murderer Jimmy Governor to discover the extent to which law-making was generated by acts of law-breaking. The Australian Federation laid the foundations for the nation’s legal institutions under the rule of law. The Aboriginal serial killer, Jimmy Governor, was outlawed and convicted on the threshold of Federation, in 1900. Through Governor’s legal history, the project will pro ....The last outlaw: Making a nation from the crimes of Jimmy Governor. This project aims to produce a legal history of the murderer Jimmy Governor to discover the extent to which law-making was generated by acts of law-breaking. The Australian Federation laid the foundations for the nation’s legal institutions under the rule of law. The Aboriginal serial killer, Jimmy Governor, was outlawed and convicted on the threshold of Federation, in 1900. Through Governor’s legal history, the project will produce an account of the law and its outsiders at an important historical moment. This project expects to provide knowledge about punishment, surveillance and imprisonment in the emerging nation, and a history of the rules of evidence and criminal procedure.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE160100314
Funder
Australian Research Council
Funding Amount
$337,000.00
Summary
International Law and the Legacies of Fascist Internationalism. The project has three aims: to uncover and elaborate the fascist approach to international law that developed in inter-war Italy; to generate new comparative and interdisciplinary analyses of fascist internationalism; and to use this archival and comparative research to shed light on the contemporary global order and in particular its logic of violence, hierarchy and expansion. The project aims to improve our understanding of three ....International Law and the Legacies of Fascist Internationalism. The project has three aims: to uncover and elaborate the fascist approach to international law that developed in inter-war Italy; to generate new comparative and interdisciplinary analyses of fascist internationalism; and to use this archival and comparative research to shed light on the contemporary global order and in particular its logic of violence, hierarchy and expansion. The project aims to improve our understanding of three interrelated phenomena of concern to Australia and globally: intensifying migration flows, increasing economic uncertainty, and the resurgent far right. It may provide a historical and legal framework for national and international responses to these phenomena and clarify the long-term structural consequences of military and financial interventions in the developing world.Read moreRead less
Protecting non-citizens: An Australian legal and political history, 1945-89. This project seeks to investigate Australia’s contribution to international law relating to the protection of non-citizens, and the impact such law has on government policy and administrative practice. The protection needs of millions of people who are de jure or de facto stateless have presented a seemingly intractable global challenge for close to a century. This project aims to analyse Australia’s response to that ch ....Protecting non-citizens: An Australian legal and political history, 1945-89. This project seeks to investigate Australia’s contribution to international law relating to the protection of non-citizens, and the impact such law has on government policy and administrative practice. The protection needs of millions of people who are de jure or de facto stateless have presented a seemingly intractable global challenge for close to a century. This project aims to analyse Australia’s response to that challenge. Using legal and historical methodology, this project plans to investigate Australia's contribution to international discussions about the right and/or duty of states to provide surrogate protection to non-citizens. It also plans to analyse the impact of emerging international legal norms on Australian asylum seeker policy and practice, and the conflicting interests within government that informed policy decisions.Read moreRead less
Journeys and Legacies of European Émigré Lawyers in Australia. This project investigates the reception and contribution of legally-qualified European émigrés to Australian law, institutions and society. Examining the cohort who arrived in Australia before, during and immediately after the Second World War, we focus on three sites: the legal academy, the legal profession, and the role of international institutions and agencies. Using archival research, oral history, personal papers and case law, ....Journeys and Legacies of European Émigré Lawyers in Australia. This project investigates the reception and contribution of legally-qualified European émigrés to Australian law, institutions and society. Examining the cohort who arrived in Australia before, during and immediately after the Second World War, we focus on three sites: the legal academy, the legal profession, and the role of international institutions and agencies. Using archival research, oral history, personal papers and case law, the project makes an Australian contribution to international research into the journeys and legacies of European émigré lawyers. The project provides important new knowledge about the role of migration in shaping Australian legal institutions. Read moreRead less
Allegiance and citizenship in Australian law and history. This project aims to identify a coherent and stable concept of allegiance in Australian law. Allegiance lies at the heart of Australia’s citizenship law, but Australia does not have a clear legal definition of allegiance. It is the historical key to holding or losing citizenship, and the constitutional criterion for distinguishing between citizens and aliens. Conceptions of allegiance can affect individuals, conceptions of the national co ....Allegiance and citizenship in Australian law and history. This project aims to identify a coherent and stable concept of allegiance in Australian law. Allegiance lies at the heart of Australia’s citizenship law, but Australia does not have a clear legal definition of allegiance. It is the historical key to holding or losing citizenship, and the constitutional criterion for distinguishing between citizens and aliens. Conceptions of allegiance can affect individuals, conceptions of the national community, and policies of multiculturalism and minority rights. This project will trace and interpret references to allegiance and citizenship in Australian jurisprudence, case law, legislation, executive decisions and policy. The project aims to help the public understand the rules governing membership of the Australian community.Read moreRead less
Special Research Initiatives - Grant ID: SR200200550
Funder
Australian Research Council
Funding Amount
$113,075.00
Summary
Citizenship and Claims of Belonging in Australian Law and History. What does it mean legally to ‘be’ an Australian? What role does the law play in shaping theories of belonging to Australia, and concepts of citizenship and Australian nationhood? The Project will address these questions, exploring key constitutional cases in which individual claims to ‘belong’ were the central issue. It will address fundamental issues about the relationship between citizenship and membership of the Australian com ....Citizenship and Claims of Belonging in Australian Law and History. What does it mean legally to ‘be’ an Australian? What role does the law play in shaping theories of belonging to Australia, and concepts of citizenship and Australian nationhood? The Project will address these questions, exploring key constitutional cases in which individual claims to ‘belong’ were the central issue. It will address fundamental issues about the relationship between citizenship and membership of the Australian community, contextualizing these in the social and political culture of their time. Outcomes include a historically grounded understanding of what makes Australian society cohere, and the challenges created at key points in time by shifting and sometimes conflicting legal and social visions of Australian citizenship. Read moreRead less
The First 'Liberals': Stoicism in the Enlightenment. This project will provide the first systematic study of the profound yet hitherto under-appreciated influence of classical Stoicism on the political thought of the European Enlightenment, particularly liberal thought. It will show that the Stoics provided the first properly developed theory of personal rights and were the first to successfully promulgate the values of universalism, impartiality, egalitarianism, tolerance and cosmopolitanism. I ....The First 'Liberals': Stoicism in the Enlightenment. This project will provide the first systematic study of the profound yet hitherto under-appreciated influence of classical Stoicism on the political thought of the European Enlightenment, particularly liberal thought. It will show that the Stoics provided the first properly developed theory of personal rights and were the first to successfully promulgate the values of universalism, impartiality, egalitarianism, tolerance and cosmopolitanism. It will then trace the transmission and interpretation of such values in early modern thought and demonstrate the manner in which Enlightenment figures like Locke, Smith, Wollstonecraft, Kant and Jefferson were directly influenced by the emancipatory political thought of the Stoics. Read moreRead less
The sight of justice: images and the rule of law. The rule of law is a key issue in global and national governance, which this project will study in a novel way: through the images and art that have helped us make sense of it. This will give new insights into its history, evolution and current challenges, and new ways of encouraging public understanding and engagement with the law.
The foundations of civil justice in Australia. This project aims to provide an in-depth historical account of the origins of our civil justice system in Australia. Judicial institutions and their practices were key to the founding of civil society in the Australian colonies. This project will produce new knowledge about the origins of our civil justice system. The project will trace legal reformist ideas in England, their dissemination across Britain's Empire and the impact these had on how judg ....The foundations of civil justice in Australia. This project aims to provide an in-depth historical account of the origins of our civil justice system in Australia. Judicial institutions and their practices were key to the founding of civil society in the Australian colonies. This project will produce new knowledge about the origins of our civil justice system. The project will trace legal reformist ideas in England, their dissemination across Britain's Empire and the impact these had on how judges and administrators in the Australian colonies crafted their judicial practices to provide speedy and effective access to civil justice. As well as scholarly writing, this project will provide a podcast and multi-media website that explains how civil trials worked in the mid-nineteenth century.Read moreRead less
A new history of law in post-revolutionary England (c.1689-1760). This project seeks to recover and reassess the general history of English law during the seven decades following the Glorious Revolution of 1688–89, when limited monarchy, parliamentary government and the rule of law became new constitutional norms for an emergent imperial British state (and, eventually, for Australia). It aims to chart the modes of law and governance variously experienced, created and used by lay men and women, h ....A new history of law in post-revolutionary England (c.1689-1760). This project seeks to recover and reassess the general history of English law during the seven decades following the Glorious Revolution of 1688–89, when limited monarchy, parliamentary government and the rule of law became new constitutional norms for an emergent imperial British state (and, eventually, for Australia). It aims to chart the modes of law and governance variously experienced, created and used by lay men and women, husbands, wives and children, as well as by judges, lawyers, legislators and ministers. The results of this conceptual investigation, which aims to re-interpret the history of English law and government in the broadest possible way, is planned to appear as Volume IX in the Oxford History of the Laws of England series.Read moreRead less