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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
Linkage Infrastructure, Equipment And Facilities - Grant ID: LE150100051
Funder
Australian Research Council
Funding Amount
$410,000.00
Summary
The Australasian Legal History Libraries: Stage II. The Australasian legal history libraries stage II: Australia's leading legal historians will partner with the Australasian Legal Information Institute (AustLII) to create a massive expansion of free online access to Australasian legal history through digitisation and data aggregation. The Legal History Libraries on AustLII will become a comprehensive trans-Tasman collection from 1788-1999, including all reported case series and those from colon ....The Australasian Legal History Libraries: Stage II. The Australasian legal history libraries stage II: Australia's leading legal historians will partner with the Australasian Legal Information Institute (AustLII) to create a massive expansion of free online access to Australasian legal history through digitisation and data aggregation. The Legal History Libraries on AustLII will become a comprehensive trans-Tasman collection from 1788-1999, including all reported case series and those from colonial newspaper reports, and all Acts enacted, plus key collections of historical Bills, Gazettes, legal commentaries, and Parliamentary reports. The Libraries are expected to double in size from their current 50,000 items of cases and legislation. The Libraries will enable previously impractical access, comparative research, and international collaborations.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE200101236
Funder
Australian Research Council
Funding Amount
$389,201.00
Summary
Protected entry for asylum seekers in history and international refugee law. This project aims to investigate how States have permitted asylum seekers to safely cross international borders and access protection as refugees. Using rigorous qualitative historical research methods, and a refugee law-based analysis, the project intends to examine the history of protected entry procedures used by governments in Australia, the United States, Canada and Italy, with a view to clarifying the operations a ....Protected entry for asylum seekers in history and international refugee law. This project aims to investigate how States have permitted asylum seekers to safely cross international borders and access protection as refugees. Using rigorous qualitative historical research methods, and a refugee law-based analysis, the project intends to examine the history of protected entry procedures used by governments in Australia, the United States, Canada and Italy, with a view to clarifying the operations and outcomes of these procedures in relation to international refugee law obligations. In an era of record forced migration, this timely and original comparative history of safe access to asylum will advance scholarly knowledge about refugee law and policy.Read moreRead less
A new history of law in eighteenth-century England. The century after 1689 witnessed momentous changes in English traditions of law and governance. This project will result in a new history of English law during the period, centred upon prestigious publications that will become standards and starting-points for future study by historians, lawyers, other scholars, and legal professionals.
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
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
Agreements, Treaties and Negotiated Settlements with Indigenous Peoples in Settler States: their role and relevance for Indigenous and other Australians. The project aims to examine treaty and agreement making with Indigenous Australians, including legal history and foundations, and the nature of the legal rights encompassed by agreements and treaties. It would include an audit of the current state of agreements with Indigenous parties, their purposes, status and outcomes; and would include inte ....Agreements, Treaties and Negotiated Settlements with Indigenous Peoples in Settler States: their role and relevance for Indigenous and other Australians. The project aims to examine treaty and agreement making with Indigenous Australians, including legal history and foundations, and the nature of the legal rights encompassed by agreements and treaties. It would include an audit of the current state of agreements with Indigenous parties, their purposes, status and outcomes; and would include international comparative research on treaty and agreement making. Outcomes would include a database on treaties and agreements in Australia and overseas and publication of collected papers and would contribute to the efforts by Indigenous organisations to secure political and economic rights through agreements with governments, industry and the community.Read moreRead less
John Vincent Barry: law, social reform and institutional innovation in mid-twentieth century Australia. The capacity of governing institutions to adapt to changing social conditions was a critical component of Australian post-war history. As jurist, social reformer, sponsor and mentor of an emerging Australian criminology, criminal justice practitioner, intellectual and internationalist, John Barry was an exemplar of an activist in this cause. This study explores the dimensions of this activity ....John Vincent Barry: law, social reform and institutional innovation in mid-twentieth century Australia. The capacity of governing institutions to adapt to changing social conditions was a critical component of Australian post-war history. As jurist, social reformer, sponsor and mentor of an emerging Australian criminology, criminal justice practitioner, intellectual and internationalist, John Barry was an exemplar of an activist in this cause. This study explores the dimensions of this activity of institution-building and intellectual engagement through the record of Barry's life in its political and social context. Outcomes will include a published biography and articles dealing with the conditions of intellectual and political engagement in social reform in post-war Australia.Read moreRead less
Australian violence: understanding victimisation through history. This project aims to undertake the first national study to investigate longitudinal trends in the history of interpersonal violence in Australia. Interpersonal violence is a major national challenge and violence prevention is a policy concern. By analysing case-level data for ten thousand criminal prosecutions over modern Australian history, the project will assess long-term trends in violent events and their relation to historica ....Australian violence: understanding victimisation through history. This project aims to undertake the first national study to investigate longitudinal trends in the history of interpersonal violence in Australia. Interpersonal violence is a major national challenge and violence prevention is a policy concern. By analysing case-level data for ten thousand criminal prosecutions over modern Australian history, the project will assess long-term trends in violent events and their relation to historical change. Tracking the rise and fall of prosecuted violence, the project will test current scholarly understanding about the history of violence, yield new insights about historical victimisation, and provide a critical background for understanding contemporary violence.Read moreRead less
POLICING IRELAND UNDER THE UNION: A SOCIAL HISTORY. Although Irish republicans argue that the union with Britain (1801-1921) was imposed upon the country, many Irish people worked for the British. This project aims to examine the 85,000 Irishmen who served in the Irish constabulary from the 1820s to the 1920s. The police were the most powerful arm of British government and yet the force was composed largely of rural Catholic nationalists. The book will consider how such men negotiated their comp ....POLICING IRELAND UNDER THE UNION: A SOCIAL HISTORY. Although Irish republicans argue that the union with Britain (1801-1921) was imposed upon the country, many Irish people worked for the British. This project aims to examine the 85,000 Irishmen who served in the Irish constabulary from the 1820s to the 1920s. The police were the most powerful arm of British government and yet the force was composed largely of rural Catholic nationalists. The book will consider how such men negotiated their complex and conflicting roles and identities. It will throw light on the mechanisms of British rule, on techniques of policing and on how native elites function in a colonial context.Read moreRead less