The history of advocacy and guardianship for people with disabilities in Victoria, 1986 - 2006. The history and analysis of the Victorian Office of the Public Advocate will benefit the national community by providing a fuller understanding of guardianship and advocacy in daily action, and of the interaction between people with disabilities and the state. It will make an important contribution to understanding the changing ways that governments act and deliver services. The project will also deep ....The history of advocacy and guardianship for people with disabilities in Victoria, 1986 - 2006. The history and analysis of the Victorian Office of the Public Advocate will benefit the national community by providing a fuller understanding of guardianship and advocacy in daily action, and of the interaction between people with disabilities and the state. It will make an important contribution to understanding the changing ways that governments act and deliver services. The project will also deepen understanding of volunteering, in particular of the role ordinary citizens can play in guarding the rights of their fellow citizens. 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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Indigenous leaders: lawful relations from encounter to treaty. This project aims to draw together history, law and the creative arts to recover, make visible and make accessible the continuous traditions of Indigenous people’s leadership in conducting lawful relations in Victoria. The project aims to develop methods of translating these encounters and their insights. The intended outcomes should shape critical deliberations on the future of non-Indigenous Australia’s legal and social relationshi ....Indigenous leaders: lawful relations from encounter to treaty. This project aims to draw together history, law and the creative arts to recover, make visible and make accessible the continuous traditions of Indigenous people’s leadership in conducting lawful relations in Victoria. The project aims to develop methods of translating these encounters and their insights. The intended outcomes should shape critical deliberations on the future of non-Indigenous Australia’s legal and social relationships with its First Peoples, particularly regarding treaty-making.Read moreRead less
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
Controversies of legal interpretation: a philosophical investigation of reasoning and adjudication in some recent contentious cases. A series of High Court decisions in Australia since the 1980's generated a public controversy about the role of moral and political values in adjudication. It has been charged that judges are engaged, not in an exercise of technical legal interpretation, but rather in illegitimate and politically partisan ?judicial activism.? The project investigates the theoretica ....Controversies of legal interpretation: a philosophical investigation of reasoning and adjudication in some recent contentious cases. A series of High Court decisions in Australia since the 1980's generated a public controversy about the role of moral and political values in adjudication. It has been charged that judges are engaged, not in an exercise of technical legal interpretation, but rather in illegitimate and politically partisan ?judicial activism.? The project investigates the theoretical and applied questions of legal interpretation implicit in this argument. It rejects the charge of judicial activism. It proposes a ?value-maximizing? theory of reasoning and interpretation that characterizes adjudication in contentious cases as precisely a process of theorizing about relevant moral and political values.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
How Much is it Worth? Legal Discourses and Everyday Understandings of Families, Work and Property. This project will analyse the extent of congruence between the legal discourses and everyday understandings of the contributions made by partners in married and unmarried relationships that form the basis for property division when relationships end. Its claim to innovation lies in its interdisciplinary approach, positioning such understandings within their wider historical and cultural contexts. T ....How Much is it Worth? Legal Discourses and Everyday Understandings of Families, Work and Property. This project will analyse the extent of congruence between the legal discourses and everyday understandings of the contributions made by partners in married and unmarried relationships that form the basis for property division when relationships end. Its claim to innovation lies in its interdisciplinary approach, positioning such understandings within their wider historical and cultural contexts. The project's findings will inform the ongoing and divisive debates between the court, the media and consumers about the justice of such distributions in Australia, providing a basis for design of laws that better meet the needs of the diverse range of Australian families. Read moreRead less
Australia's Post World War II War Crimes Trials of Japanese Defendants. Contemporary war crimes trials regularly refer to historical precedent - particularly post-WWII war crimes trials. One virtually unknown group of trials were those conducted by Australian Military Tribunals - the primary sources for which are readily available (Australian War Memorial and National Archives) but under-studied. Australian Tribunals sat in judgment over 814 Japanese Defendants in 296 separate trials and yet th ....Australia's Post World War II War Crimes Trials of Japanese Defendants. Contemporary war crimes trials regularly refer to historical precedent - particularly post-WWII war crimes trials. One virtually unknown group of trials were those conducted by Australian Military Tribunals - the primary sources for which are readily available (Australian War Memorial and National Archives) but under-studied. Australian Tribunals sat in judgment over 814 Japanese Defendants in 296 separate trials and yet there has never been a systematic study of this chapter of Australian Legal and Military History. This project is intended to provide the first study of the trials and will also "unlock" the under-utilised but vast documentary resource for future researchers.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
Making children's needs knowable to law. This project addresses the growing concerns that the family law system is not adequately safeguarding children's wellbeing in parenting cases. Its development of an evidence-based framework for decision-making will facilitate the production of outcomes that will better support the wellbeing of families affected by relationship breakdown.