Australia's Post World War II War Crimes Trials: A systemic and comprehensive Law Reports Series. The publication of the project's Law Reports Series will, in effect, constitute the official history of this extensive Australian war crimes trial experience - in itself, an important national benefit. However, ready access to the previously buried historical primary source material also has profound potential for contemporary application. The proliferation of new international criminal tribunals ....Australia's Post World War II War Crimes Trials: A systemic and comprehensive Law Reports Series. The publication of the project's Law Reports Series will, in effect, constitute the official history of this extensive Australian war crimes trial experience - in itself, an important national benefit. However, ready access to the previously buried historical primary source material also has profound potential for contemporary application. The proliferation of new international criminal tribunals with a concomitant explosion of case law has created a hunger for access to past judicial precedent. Reliance on the results of this project in war crimes trials around the world is guaranteed.Read moreRead less
Risk, Urban Fire Protection and Security Networks. Urban fire prevention is a critical field for public security and economic development. As such, it has always been shaped by factors beyond those of simple technological growth. These include major unanticipated events and the responses to them by many state and non-state agencies with divergent interests and knowledge bases. By analysing the resulting 'technological politics', the project will examine the ways in which this strategic field ....Risk, Urban Fire Protection and Security Networks. Urban fire prevention is a critical field for public security and economic development. As such, it has always been shaped by factors beyond those of simple technological growth. These include major unanticipated events and the responses to them by many state and non-state agencies with divergent interests and knowledge bases. By analysing the resulting 'technological politics', the project will examine the ways in which this strategic field has taken on a risk-based preventative orientation. This will contribute new perspectives and considerations for the assessment and development of fire prevention and urban security in the 21st century.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
Civilizing Divorce: Social Change, Law and the Transformation of Parenthood. The project will leave policy-makers, professionals, law reformers, and parents and their children themselves, better equipped to navigate their way through a major process of transformation in the way our intimate lives are structured. It will help take some of the 'heat' out of the child custody debate, to see current changes as an integral part of a broader process of change in our emotional relationships, and to br ....Civilizing Divorce: Social Change, Law and the Transformation of Parenthood. The project will leave policy-makers, professionals, law reformers, and parents and their children themselves, better equipped to navigate their way through a major process of transformation in the way our intimate lives are structured. It will help take some of the 'heat' out of the child custody debate, to see current changes as an integral part of a broader process of change in our emotional relationships, and to broaden the conceptual resources available to policy-making and law reform concerning post-separation child custody.Read moreRead less
Discovery Indigenous Researchers Development - Grant ID: DI0775833
Funder
Australian Research Council
Funding Amount
$40,000.00
Summary
Aboriginal Women Law and Colonialism: Safe Places for Women. There has been extensive media reporting on violent crimes against Aboriginal women and children in Aboriginal communities across Australia, which has created wide public debate. In particular the role of the courts when sentencing Aboriginal offenders of violent crimes has drawn attention to the interpretation of Aboriginal law and culture. The evaluation of Australian case law will be invaluable in expanding the Australian communit ....Aboriginal Women Law and Colonialism: Safe Places for Women. There has been extensive media reporting on violent crimes against Aboriginal women and children in Aboriginal communities across Australia, which has created wide public debate. In particular the role of the courts when sentencing Aboriginal offenders of violent crimes has drawn attention to the interpretation of Aboriginal law and culture. The evaluation of Australian case law will be invaluable in expanding the Australian communities knowledge in this area of law and policy, in planning safer Aboriginal communities for Aboriginal women and children in the future. Read moreRead less
The Helping Court: Examining the Early History of the Family Court of Australia. This project will benefit the many Australian families involved in divorce by analysing the process by which the Family Court of Australia, designed to reduce the acrimony and costs associated with fault-based adversarial processes, so quickly became a focus for criticism and violence. By identifying continuity and change in both the issues underlying disputes in the family law system and the strategies adopted to o ....The Helping Court: Examining the Early History of the Family Court of Australia. This project will benefit the many Australian families involved in divorce by analysing the process by which the Family Court of Australia, designed to reduce the acrimony and costs associated with fault-based adversarial processes, so quickly became a focus for criticism and violence. By identifying continuity and change in both the issues underlying disputes in the family law system and the strategies adopted to overcome them it will help to stabilise dispute resolution policies and reduce the need for review and adjustment in the future.Read moreRead less
Beyond the pale: Sovereignty, Law and Indigenous peoples. The project contributes to understanding inequality in law and practice. It expands knowledge of the colonial dimensions of sovereignty, demonstrating how excluding Indigenous peoples from the ordinary operations of both international and domestic law helped constitute and transform sovereignty and produce racialised identities in settler societies. The research provides a new, more comprehensive conceptual framework for analysing front ....Beyond the pale: Sovereignty, Law and Indigenous peoples. The project contributes to understanding inequality in law and practice. It expands knowledge of the colonial dimensions of sovereignty, demonstrating how excluding Indigenous peoples from the ordinary operations of both international and domestic law helped constitute and transform sovereignty and produce racialised identities in settler societies. The research provides a new, more comprehensive conceptual framework for analysing frontier practices, ameliorating the polarising effects of recent debates surrounding this historiography. As the war on terrorism has again seen the suspension of the law in certain circumstances, investigations into the strengths and limits of the rule of law are opportune and timely.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.
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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
Has Feminism Failed the Family? A History of Equality, Law and Reform. The research will examine the history of legal reform since the introduction of the Family Law Act. As such, it will provide a broader perspective to feminist and conservative criticisms of gender bias and legal unfairness in the operation of a family law system understood to be based on equality principles. The project's outcomes will be of immediate significance therefore to policy makers, as well as to the divergent groups ....Has Feminism Failed the Family? A History of Equality, Law and Reform. The research will examine the history of legal reform since the introduction of the Family Law Act. As such, it will provide a broader perspective to feminist and conservative criticisms of gender bias and legal unfairness in the operation of a family law system understood to be based on equality principles. The project's outcomes will be of immediate significance therefore to policy makers, as well as to the divergent groups who currently research legal and government regulation of families and family breakdown. Further, the project will enhance national knowledge by contributing to the historical understanding of Australia's immediate past.
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