Judicially Speaking: An Oral History of the High Court of Australia. This project will leave a basic research legacy by creating a history of the High Court in the words of those closest to it. The Court is among our most under-researched national institutions. By deepening understanding of how the High Court has operated in the past, including in response to social and political change, the project will enrich debate about how it should function in the future. It will provide new insights into ....Judicially Speaking: An Oral History of the High Court of Australia. This project will leave a basic research legacy by creating a history of the High Court in the words of those closest to it. The Court is among our most under-researched national institutions. By deepening understanding of how the High Court has operated in the past, including in response to social and political change, the project will enrich debate about how it should function in the future. It will provide new insights into the evolution of Australian law to meet the challenges of tomorrow and will preserve vital national heritage in the form of the recollections of prominent national figures.Read moreRead less
The politics of reading: Citizenship, law, and literacy in England, 1867-1960. This research addresses problems that resonate powerfully in contemporary debates: the relationship between freedom and responsibility, and the relationship between political rights, education and literacy. Knowing how people living in another age and a different society -- but one to which Australia is bound by a complex of legal, political and cultural traditions -- wrestled with questions that are still with us wil ....The politics of reading: Citizenship, law, and literacy in England, 1867-1960. This research addresses problems that resonate powerfully in contemporary debates: the relationship between freedom and responsibility, and the relationship between political rights, education and literacy. Knowing how people living in another age and a different society -- but one to which Australia is bound by a complex of legal, political and cultural traditions -- wrestled with questions that are still with us will add depth and sensitivity to our understanding of the bases and limits of a democratic culture.Read moreRead less
Sacred Rules, Secular Revelations: The Conceptions of Rights in Pre-Modern Europe. This project provides a deeper understanding of the origins of and background to contemporary debates on the role of religion in law, and vice-versa. This is particularly relevant at a time when law and human rights face questions about their moral and normative qualities. It will contribute to debates about the origins of the humanities in higher learning by reminding us that such studies had their origins in re ....Sacred Rules, Secular Revelations: The Conceptions of Rights in Pre-Modern Europe. This project provides a deeper understanding of the origins of and background to contemporary debates on the role of religion in law, and vice-versa. This is particularly relevant at a time when law and human rights face questions about their moral and normative qualities. It will contribute to debates about the origins of the humanities in higher learning by reminding us that such studies had their origins in resolving practical problems and conflicts, rather than esoteric ends. This project will further reinforce Australia's reputation for integrating sound scholarship with innovative methodology and inter-disciplinarity in pre-modern European studies. Read moreRead less
Understanding forms of violence and their regulation in Australian history. In contemporary Australia inter-personal violence (such as domestic violence, the abuse of children, Aboriginal deaths in custody, the Cronulla riots) occupies intense media and public interest. Governmental responses to violence (through policing or the courts) themselves rest on the exercise of authorised and regulated control which itself may be considered a form of violence. In examining the historical changes in vio ....Understanding forms of violence and their regulation in Australian history. In contemporary Australia inter-personal violence (such as domestic violence, the abuse of children, Aboriginal deaths in custody, the Cronulla riots) occupies intense media and public interest. Governmental responses to violence (through policing or the courts) themselves rest on the exercise of authorised and regulated control which itself may be considered a form of violence. In examining the historical changes in violence, its social impact and media resonances, and the public policy responses to it, this research seeks to contribute to contemporary understanding of these important questions on the basis of a greater appreciation of the specifically Australian history of these phenomena.Read moreRead less
Australia's Post World War II War Crimes Trials of Japanese Defendants. Contemporary war crimes trials regularly refer to historical precedent - particularly post-WWII war crimes trials. One virtually unknown group of trials were those conducted by Australian Military Tribunals - the primary sources for which are readily available (Australian War Memorial and National Archives) but under-studied. Australian Tribunals sat in judgment over 814 Japanese Defendants in 296 separate trials and yet th ....Australia's Post World War II War Crimes Trials of Japanese Defendants. Contemporary war crimes trials regularly refer to historical precedent - particularly post-WWII war crimes trials. One virtually unknown group of trials were those conducted by Australian Military Tribunals - the primary sources for which are readily available (Australian War Memorial and National Archives) but under-studied. Australian Tribunals sat in judgment over 814 Japanese Defendants in 296 separate trials and yet there has never been a systematic study of this chapter of Australian Legal and Military History. This project is intended to provide the first study of the trials and will also "unlock" the under-utilised but vast documentary resource for future researchers.Read moreRead less
The High Court of Australia: A Biographical Study. The High Court of Australia has shaped the legal, political and social landscapes of Australia. Yet despite its wide-ranging importance the Court has largely been the subject of a legal inquiry focusing on its substantial case law. This project seeks to fill a significant gap in the literature with the publication of an institutional history of the Court. Central to this project is a commitment to a multi-disciplinary approach that explores the ....The High Court of Australia: A Biographical Study. The High Court of Australia has shaped the legal, political and social landscapes of Australia. Yet despite its wide-ranging importance the Court has largely been the subject of a legal inquiry focusing on its substantial case law. This project seeks to fill a significant gap in the literature with the publication of an institutional history of the Court. Central to this project is a commitment to a multi-disciplinary approach that explores the Court beyond a merely legal paradigm. The outcomes of this project will be publications that situate the law, the judiciary and Australian history within a single explanatory narrative.Read moreRead less
A comparative constitutional history of citizenship Law and gender. Australia has been a historical leader both in progressive citizenship laws for women, and in democratic constitution-making. This history is relatively well-known, but little attention has been paid to the constitutional dimension of citizenship law, and even less with respect to its impact on gender equality. As constitution-making and modernisation increase around the world, along with growing strains on domestic regulation o ....A comparative constitutional history of citizenship Law and gender. Australia has been a historical leader both in progressive citizenship laws for women, and in democratic constitution-making. This history is relatively well-known, but little attention has been paid to the constitutional dimension of citizenship law, and even less with respect to its impact on gender equality. As constitution-making and modernisation increase around the world, along with growing strains on domestic regulation of citizenship in all modern countries, the place of gender equality in these processes is a central issue. This project will engage Australian scholarship in, and enhance Australia's contribution to, an important and growing field, from a comparative and trans-national perspective.Read moreRead less
The history of advocacy and guardianship for people with disabilities in Victoria, 1986 - 2006. The history and analysis of the Victorian Office of the Public Advocate will benefit the national community by providing a fuller understanding of guardianship and advocacy in daily action, and of the interaction between people with disabilities and the state. It will make an important contribution to understanding the changing ways that governments act and deliver services. The project will also deep ....The history of advocacy and guardianship for people with disabilities in Victoria, 1986 - 2006. The history and analysis of the Victorian Office of the Public Advocate will benefit the national community by providing a fuller understanding of guardianship and advocacy in daily action, and of the interaction between people with disabilities and the state. It will make an important contribution to understanding the changing ways that governments act and deliver services. The project will also deepen understanding of volunteering, in particular of the role ordinary citizens can play in guarding the rights of their fellow citizens. Read moreRead less
Law, state sovereignty and religious terror: renewing the relevance of early modern political jurisprudence. Modern political thought has lost touch with early modern political jurisprudence. Premised on this hypothesis, the project reconstructs the historical role of political jurisprudence as the discipline that conferred legitimacy on the sovereign state under the rule of law, the great invention to end religious war. As a vital instrument of peaceful coexistence among Europe's warring faiths ....Law, state sovereignty and religious terror: renewing the relevance of early modern political jurisprudence. Modern political thought has lost touch with early modern political jurisprudence. Premised on this hypothesis, the project reconstructs the historical role of political jurisprudence as the discipline that conferred legitimacy on the sovereign state under the rule of law, the great invention to end religious war. As a vital instrument of peaceful coexistence among Europe's warring faiths, this early modern discipline is directly relevant to today's renewed concerns with public security against religious terror. The project will both recover the relevance of political jurisprudence, and provide a major historical corrective to anti-juridical and anti-statist research agendas.Read moreRead less
The impact of migrants on Australian public law: An historical and cultural study. Many leading cases in constitutional and administrative law since 1901 have involved migrants and non-citizens. This project explores their role in the development of public law in Australia. Selected cases will be interpreted from historical, cultural, political and legal doctrinal perspectives, to understand how migrants have shaped the public discourse on judicial review, power of the Executive and human righ ....The impact of migrants on Australian public law: An historical and cultural study. Many leading cases in constitutional and administrative law since 1901 have involved migrants and non-citizens. This project explores their role in the development of public law in Australia. Selected cases will be interpreted from historical, cultural, political and legal doctrinal perspectives, to understand how migrants have shaped the public discourse on judicial review, power of the Executive and human rights. In mapping the impact of migrants on Australian law and society (and, ultimately, national identity), it will contribute to current debates about public law, and assist understanding of citizenship, immigration, sovereignty, and the proper scope of judicial review.
Read moreRead less