The politics of reading: Citizenship, law, and literacy in England, 1867-1960. This research addresses problems that resonate powerfully in contemporary debates: the relationship between freedom and responsibility, and the relationship between political rights, education and literacy. Knowing how people living in another age and a different society -- but one to which Australia is bound by a complex of legal, political and cultural traditions -- wrestled with questions that are still with us wil ....The politics of reading: Citizenship, law, and literacy in England, 1867-1960. This research addresses problems that resonate powerfully in contemporary debates: the relationship between freedom and responsibility, and the relationship between political rights, education and literacy. Knowing how people living in another age and a different society -- but one to which Australia is bound by a complex of legal, political and cultural traditions -- wrestled with questions that are still with us will add depth and sensitivity to our understanding of the bases and limits of a democratic culture.Read moreRead less
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 High Court of Australia: A Biographical Study. The High Court of Australia has shaped the legal, political and social landscapes of Australia. Yet despite its wide-ranging importance the Court has largely been the subject of a legal inquiry focusing on its substantial case law. This project seeks to fill a significant gap in the literature with the publication of an institutional history of the Court. Central to this project is a commitment to a multi-disciplinary approach that explores the ....The High Court of Australia: A Biographical Study. The High Court of Australia has shaped the legal, political and social landscapes of Australia. Yet despite its wide-ranging importance the Court has largely been the subject of a legal inquiry focusing on its substantial case law. This project seeks to fill a significant gap in the literature with the publication of an institutional history of the Court. Central to this project is a commitment to a multi-disciplinary approach that explores the Court beyond a merely legal paradigm. The outcomes of this project will be publications that situate the law, the judiciary and Australian history within a single explanatory narrative.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.
Read moreRead less
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
A comparative constitutional history of citizenship Law and gender. Australia has been a historical leader both in progressive citizenship laws for women, and in democratic constitution-making. This history is relatively well-known, but little attention has been paid to the constitutional dimension of citizenship law, and even less with respect to its impact on gender equality. As constitution-making and modernisation increase around the world, along with growing strains on domestic regulation o ....A comparative constitutional history of citizenship Law and gender. Australia has been a historical leader both in progressive citizenship laws for women, and in democratic constitution-making. This history is relatively well-known, but little attention has been paid to the constitutional dimension of citizenship law, and even less with respect to its impact on gender equality. As constitution-making and modernisation increase around the world, along with growing strains on domestic regulation of citizenship in all modern countries, the place of gender equality in these processes is a central issue. This project will engage Australian scholarship in, and enhance Australia's contribution to, an important and growing field, from a comparative and trans-national perspective.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE220100264
Funder
Australian Research Council
Funding Amount
$451,711.00
Summary
A Socio-Legal History of Australia's Environmental Lawyers. This historical study of 50 years of Australian environmental lawyering (1970-2020) aims to develop and preserve an unprecedented data set of environmental lawyers over multiple generations. It will create important new knowledge, challenging the common and limited treatment of lawyers as mere instruments of social causes and revealing a novel, and previously unexplored, layer of environmental governance. This new knowledge can be used ....A Socio-Legal History of Australia's Environmental Lawyers. This historical study of 50 years of Australian environmental lawyering (1970-2020) aims to develop and preserve an unprecedented data set of environmental lawyers over multiple generations. It will create important new knowledge, challenging the common and limited treatment of lawyers as mere instruments of social causes and revealing a novel, and previously unexplored, layer of environmental governance. This new knowledge can be used by environmentalists, researchers and policy makers to better understand and engage with this important class of social reformers. It can inform environmental advocacy, governance and environmental protection. Other benefits include building capacity in Australian socio-legal historical research. 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
Judicially Speaking: An Oral History of the High Court of Australia. This project will leave a basic research legacy by creating a history of the High Court in the words of those closest to it. The Court is among our most under-researched national institutions. By deepening understanding of how the High Court has operated in the past, including in response to social and political change, the project will enrich debate about how it should function in the future. It will provide new insights into ....Judicially Speaking: An Oral History of the High Court of Australia. This project will leave a basic research legacy by creating a history of the High Court in the words of those closest to it. The Court is among our most under-researched national institutions. By deepening understanding of how the High Court has operated in the past, including in response to social and political change, the project will enrich debate about how it should function in the future. It will provide new insights into the evolution of Australian law to meet the challenges of tomorrow and will preserve vital national heritage in the form of the recollections of prominent national figures.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