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The global opponents of universal human rights, 1946-2006. This project will identify and analyse the historical patterns of opposition to universal human rights that have emerged since the birth of the United Nations in 1945. In doing so, it seeks to enable the more effective pursuit of a major Australian foreign policy objective, the global promotion of human rights.
Defining and Attempting Reconciliation: A Critical Analysis of the Pursuit of Reconciliation in South Africa's Truth and Reconciliation Commission. This project challenges existing accounts of South Africa's confrontation of its apartheid past, by establishing the conceptual significance of 'reconciliation' in its Truth and Reconciliation Commission. Using a perspective informed by the international context of transitional justice, and by comparison with other postcolonial racially-divided soci ....Defining and Attempting Reconciliation: A Critical Analysis of the Pursuit of Reconciliation in South Africa's Truth and Reconciliation Commission. This project challenges existing accounts of South Africa's confrontation of its apartheid past, by establishing the conceptual significance of 'reconciliation' in its Truth and Reconciliation Commission. Using a perspective informed by the international context of transitional justice, and by comparison with other postcolonial racially-divided societies, it tests the hypothesis that restorative justice is more effective than retributive justice. Publication of the findings in a book and articles will illuminate the significance of 'reconciliation' for South Africa's recent political, legal and social history, and for its immediate future. In a larger thematic context, it also offers important applications for Australia.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
Ascending the Cross: Soviet Dissidents and the Universalisation of Human Rights. This project will study the contribution of persecuted dissidents to a diplomatic revolution. It will investigate how apparently powerless Soviet intellectuals like Sakharov and Solzhenitsyn used their moral authority to transform detente and challenge the notion that human rights was an internal affair of sovereign states. My hypothesis is that this challenge helped to provoke the 1970s human rights boom, which sch ....Ascending the Cross: Soviet Dissidents and the Universalisation of Human Rights. This project will study the contribution of persecuted dissidents to a diplomatic revolution. It will investigate how apparently powerless Soviet intellectuals like Sakharov and Solzhenitsyn used their moral authority to transform detente and challenge the notion that human rights was an internal affair of sovereign states. My hypothesis is that this challenge helped to provoke the 1970s human rights boom, which scholarship traditionally attributes to the inspirational role of President Carter and Western NGOs. By illuminating the role of non-Western citizens, this research calls into question prevailing assumptions about the specificially Western sources of the emerging international human rights order.
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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
Ancestors' words: Noongar writing in WA government archives (1860-1960s). This project aims to produce the first account of Noongar letter writing in Western Australian archives from 1860 to 1960. The project’s significance lies in revealing this hidden activism in the archive, restoring silenced Noongar stories to the documents, advancing scholarly understanding, and promoting decolonisation of the Western Australian archive. Expected outcomes include an ethical Noongar research model and commu ....Ancestors' words: Noongar writing in WA government archives (1860-1960s). This project aims to produce the first account of Noongar letter writing in Western Australian archives from 1860 to 1960. The project’s significance lies in revealing this hidden activism in the archive, restoring silenced Noongar stories to the documents, advancing scholarly understanding, and promoting decolonisation of the Western Australian archive. Expected outcomes include an ethical Noongar research model and community research knowledge space developed with Noongar leaders. This new evidence of Noongar political agency could benefit sustainability for the emerging Noongar nation and advance equity and reconciliation for all citizens of the Australian settler nation and advocacy for Indigenous rights internationally.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
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
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
The Mission to Civilise: Colonialism, Race and Criminal Codes. This project will consider the historical relationships between ideologies of race and law enforcement, and will chart their social formation and naturalisation. This will be set within the context of colonisation in Australia, where there existed tensions between the equally dominant ideologies of overt racism, and ideals of liberal universalism that justified the Rule of Law. Archival research will scrutinise the way in which the ....The Mission to Civilise: Colonialism, Race and Criminal Codes. This project will consider the historical relationships between ideologies of race and law enforcement, and will chart their social formation and naturalisation. This will be set within the context of colonisation in Australia, where there existed tensions between the equally dominant ideologies of overt racism, and ideals of liberal universalism that justified the Rule of Law. Archival research will scrutinise the way in which the superficially racially-neutral language of criminality was constituted by notions such as property and civil order which became racialised in historically and socially specific ways, revealing underlying consistencies between apparently incompatible ideologies of colonial practices.Read moreRead less