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
Australian feminist judgments project: jurisprudence as praxis. This project will investigate relationships between feminist theory and practice in Australian judicial decision-making. It will highlight possibilities, limits and implications of a feminist approach to judging, through analysis of existing decisions and practices and production of a collection of imagined feminist judgments in significant cases.
Striking Hard at crime: criminal justice practice in China today. Australia has established a bilateral human rights dialogue with China. Chinese society is increasingly violent and its crime problems are increasingly transnational in nature. Some of the crimes targeted in China's current anti-crime policy have direct impact on our political refugee policy in Australia, in particular, Falungong adherents applying for refugee status. It is therefore vital that we strengthen our knowledge of this ....Striking Hard at crime: criminal justice practice in China today. Australia has established a bilateral human rights dialogue with China. Chinese society is increasingly violent and its crime problems are increasingly transnational in nature. Some of the crimes targeted in China's current anti-crime policy have direct impact on our political refugee policy in Australia, in particular, Falungong adherents applying for refugee status. It is therefore vital that we strengthen our knowledge of this area of Asian law. This project aims to strengthen Australia's understanding of China's key politico-legal issues in order to better understand and engage with this emerging world superpower. Read moreRead less
The end of Westphalia? Re-envisioning Sovereignty. This initial project aims to undertake a systematic re-evaluation of state sovereignty. In doing so, we seek to reconceptualise the meaning of sovereignty, how that meaning has changed over time according to a variety of historical conditions, and the implications of this for traditional Westphalian conceptions during a time when state authority is increasingly challenged by an array of new actors. The broader project will then build on the new ....The end of Westphalia? Re-envisioning Sovereignty. This initial project aims to undertake a systematic re-evaluation of state sovereignty. In doing so, we seek to reconceptualise the meaning of sovereignty, how that meaning has changed over time according to a variety of historical conditions, and the implications of this for traditional Westphalian conceptions during a time when state authority is increasingly challenged by an array of new actors. The broader project will then build on the new possibilities for the evolution of sovereignty, first by suggesting necessary changes to existing legal and political institutions, and secondly by offering practical policy recommendations for states.Read moreRead less
Parole in crisis? Public opinion on the use of parole. Serious crimes committed by parolees in Australia have brought parole into the public eye. Without concrete evidence, governments often act on the assumption that the public holds punitive attitudes. This project is expected to develop an evidence base to inform policy on parole at a crucial time when governments are under pressure to restrict its use. Three mixed-method studies aim to assess: what public views on parole are; why the public ....Parole in crisis? Public opinion on the use of parole. Serious crimes committed by parolees in Australia have brought parole into the public eye. Without concrete evidence, governments often act on the assumption that the public holds punitive attitudes. This project is expected to develop an evidence base to inform policy on parole at a crucial time when governments are under pressure to restrict its use. Three mixed-method studies aim to assess: what public views on parole are; why the public holds these views; and what influence these views have on policy and practice. The project is expected to make contributions to: creating information strategies that properly inform the public; supporting prisoner reintegration strategies; and shaping criminal justice policies based on informed community feedback.Read moreRead less
Building the Rule of Law in International Affairs. Australia has been committed to a rules-based international system since the foundation of the UN and, while recently wavering in practice has remained formally supportive of international law. This is not just a matter of values. As a major trading nation and a middle power, Australia prosperity and security would benefit from a more rules-based international order. This project aims to find practical ways of bolstering and building the rule of ....Building the Rule of Law in International Affairs. Australia has been committed to a rules-based international system since the foundation of the UN and, while recently wavering in practice has remained formally supportive of international law. This is not just a matter of values. As a major trading nation and a middle power, Australia prosperity and security would benefit from a more rules-based international order. This project aims to find practical ways of bolstering and building the rule of law in international affairs. In doing so, this international research involving the UN, a Canadian think tank and UN University's Australian based governance institute will allow Australia to take leadership role in multilateral thinking and action to bolster the international rule of law. Read moreRead less
Re-envisioning sovereignty and nationhood in the contemporary international context. There are few issues more important to any nation than the nature of its nationhood. States have been the principal actors in international relations. But traditional notions of state sovereignty are under challenge by human rights and refugee issues and from the controls needed to manage communicable diseases, environmental degradation, terrorism, and international crime. Australia actively participates in inte ....Re-envisioning sovereignty and nationhood in the contemporary international context. There are few issues more important to any nation than the nature of its nationhood. States have been the principal actors in international relations. But traditional notions of state sovereignty are under challenge by human rights and refugee issues and from the controls needed to manage communicable diseases, environmental degradation, terrorism, and international crime. Australia actively participates in interventions, alliances and treaty making that sometimes support and sometimes undermine sovereignty. This project will assist Australia in its dealings with the world by building a new interdisciplinary model of sovereignty that resolves conceptual confusions and assists us in dealing with the international problems that we face.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE200100881
Funder
Australian Research Council
Funding Amount
$420,040.00
Summary
New Approaches to Corporate Legality: Beyond Neoliberal Governance. This project aims to rethink the modern corporation, going beyond existing tendencies to focus on the efficient production of profits and financial value above all other interests. This project expects to generate new knowledge in relation to the functioning of corporations as forms of authority that are related to, but separate from, state regulation. Expected outcomes of this include new approaches to conceptualising and struc ....New Approaches to Corporate Legality: Beyond Neoliberal Governance. This project aims to rethink the modern corporation, going beyond existing tendencies to focus on the efficient production of profits and financial value above all other interests. This project expects to generate new knowledge in relation to the functioning of corporations as forms of authority that are related to, but separate from, state regulation. Expected outcomes of this include new approaches to conceptualising and structuring legal regulation to encourage alternative forms of corporate authority and economic cooperation. This should provide significant benefits in terms of enhancing productive capacity and the public good instead of purely financial value.Read moreRead less
Bringing Indigenous voices into judicial decision-making. This project aims to show how judgments can be written so as to be inclusive of Indigenous people's voices and histories. This project will extend methodologies created by international scholars for correcting the absence of women’s voices, and produce the missing Indigenous judgment in twenty decisions of Australian superior courts. The gulf between judge-made law and the lived experience of Indigenous litigants will also be explored thr ....Bringing Indigenous voices into judicial decision-making. This project aims to show how judgments can be written so as to be inclusive of Indigenous people's voices and histories. This project will extend methodologies created by international scholars for correcting the absence of women’s voices, and produce the missing Indigenous judgment in twenty decisions of Australian superior courts. The gulf between judge-made law and the lived experience of Indigenous litigants will also be explored through an in-depth examination of four test case exemplars. This project’s benefits include building a new relationship between Australian judges and Indigenous people and contributing to Australia's jurisprudence on Indigenous people and the law.Read moreRead less
The limits of disclosure: private rights, public duties and the search for accountable governance. A reliance on technical considerations such as enhanced disclosure, literacy programs and attempts to bifurcate between sophisticated and unsophisticated investors has each proved sub-optimal in the search for greater, or more accurately, effective accountability both here in Australia and internationally. The acceptance by the corporate sector to process risk allocation, develop a mutually endors ....The limits of disclosure: private rights, public duties and the search for accountable governance. A reliance on technical considerations such as enhanced disclosure, literacy programs and attempts to bifurcate between sophisticated and unsophisticated investors has each proved sub-optimal in the search for greater, or more accurately, effective accountability both here in Australia and internationally. The acceptance by the corporate sector to process risk allocation, develop a mutually endorsed formal and informal regulatory framework, and agree on clear and transparent roles and responsibilities marks a significant step forward. It is both significant and innovative that the design and implementation of the proposed strategic plan will derive from an extended exercise in deliberative democracy.Read moreRead less