Discovery Early Career Researcher Award - Grant ID: DE180100577
Funder
Australian Research Council
Funding Amount
$321,983.00
Summary
Rethinking institutional culpability: criminal law, philosophy and horror. This project aims to reconceptualise institutional culpability, examining what systemic failure occurs when public enquiries that detail harms inflicted rarely result in criminal prosecutions or sanctions. It addresses the pressing need to provide practical insight into legislative responses (or the lack thereof) to corporate harms. This project is expected to have national and international benefits in terms of both prac ....Rethinking institutional culpability: criminal law, philosophy and horror. This project aims to reconceptualise institutional culpability, examining what systemic failure occurs when public enquiries that detail harms inflicted rarely result in criminal prosecutions or sanctions. It addresses the pressing need to provide practical insight into legislative responses (or the lack thereof) to corporate harms. This project is expected to have national and international benefits in terms of both practical law reform and theoretical constructions of culpability.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE130100418
Funder
Australian Research Council
Funding Amount
$374,906.00
Summary
Responsibility in criminal law. The principle of criminal responsibility lies at the heart of our criminal justice systems. This project provides a systematic analysis of criminal responsibility in the context of the NSW criminal law. It engages Australian scholarship in, and enhances Australia's contribution to, an important and growing field.
Open justice and open secrets: the cultural afterlife of criminal evidence. This project explores the consequences of using criminal evidence in the cultural field, after the conclusion of the trial. It investigates whether an appropriate regulatory or ethical framework can be developed in response to challenging or controversial re-deployments of this material by artists, curators, journalists, scholars and others.
Interpreters in court: witness credibility with interpreted testimony. The study will improve access to justice for non-English speaking witnesses, testifying in court through an interpreter. It achieves this by taking advantage of new wireless technologies to transform the social and technological environment of the courtroom.
Construing Statutes: The Interaction between a Statute’s Linguistic Content and Principles of Statutory Interpretation. This project aims to identify the factors that determine what legal effect a statutory provision has; what effect it has on the content of the law; in cases where its legal effect is modified by another legal rule or principle. Such cases are commonplace, but the way in which statutory provisions interact with other legal rules or principles is poorly understood. The outcome of ....Construing Statutes: The Interaction between a Statute’s Linguistic Content and Principles of Statutory Interpretation. This project aims to identify the factors that determine what legal effect a statutory provision has; what effect it has on the content of the law; in cases where its legal effect is modified by another legal rule or principle. Such cases are commonplace, but the way in which statutory provisions interact with other legal rules or principles is poorly understood. The outcome of this project will be a general methodology for construing Australian statutes which can resolve problems that existing methodologies cannot. This will provide much-needed guidance to judges, and will advance our understanding of important legal and political issues concerning the effect that statutory provisions have on the content of the law.Read moreRead less
Gender related harms in forced migration: a comparative international study. The recognition of gender-based persecution has been the single most important development in refugee law over the past 20 years. Through comparative analysis of cases and processes we aim to make refugee decision-making more sensitive to gender related harms and assist in developing consistent, coherent and transparent refugee law.
Whose law is it, anyway? Citizens' and peoples' challenges to state dominance in the making and application of international law. This project will enhance our understanding of civil society participation in international law-making and implementation, and how scrutiny of the legality of State conduct affects the exercise of political power. Its findings will provide guidance for improving systems of accountability that take full account of all stakeholders' interests.