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
The potential and limits of international adjudication. This project aims to analyse the place of adjudication in international affairs, using a case study of Australia’s extensive engagement with the International Court of Justice. The project will provide a detailed account of the context and impact of the cases in which Australia has been involved before the Court, and will assess the complex roles that adjudication and advisory opinions can play in the resolution of international disputes mo ....The potential and limits of international adjudication. This project aims to analyse the place of adjudication in international affairs, using a case study of Australia’s extensive engagement with the International Court of Justice. The project will provide a detailed account of the context and impact of the cases in which Australia has been involved before the Court, and will assess the complex roles that adjudication and advisory opinions can play in the resolution of international disputes more generally. This project will document an historic set of engagements spanning 70 years and provide guidance on when international adjudication may be productive for Australia, the Asia-Pacific region and the international legal order. This will provide deeper knowledge of the capacities of international judicial institutions to resolve disputes relating to economic, health, social, cultural and environmental issues.Read moreRead less
The last outlaw: Making a nation from the crimes of Jimmy Governor. This project aims to produce a legal history of the murderer Jimmy Governor to discover the extent to which law-making was generated by acts of law-breaking. The Australian Federation laid the foundations for the nation’s legal institutions under the rule of law. The Aboriginal serial killer, Jimmy Governor, was outlawed and convicted on the threshold of Federation, in 1900. Through Governor’s legal history, the project will pro ....The last outlaw: Making a nation from the crimes of Jimmy Governor. This project aims to produce a legal history of the murderer Jimmy Governor to discover the extent to which law-making was generated by acts of law-breaking. The Australian Federation laid the foundations for the nation’s legal institutions under the rule of law. The Aboriginal serial killer, Jimmy Governor, was outlawed and convicted on the threshold of Federation, in 1900. Through Governor’s legal history, the project will produce an account of the law and its outsiders at an important historical moment. This project expects to provide knowledge about punishment, surveillance and imprisonment in the emerging nation, and a history of the rules of evidence and criminal procedure.Read moreRead less
The foundations of civil justice in Australia. This project aims to provide an in-depth historical account of the origins of our civil justice system in Australia. Judicial institutions and their practices were key to the founding of civil society in the Australian colonies. This project will produce new knowledge about the origins of our civil justice system. The project will trace legal reformist ideas in England, their dissemination across Britain's Empire and the impact these had on how judg ....The foundations of civil justice in Australia. This project aims to provide an in-depth historical account of the origins of our civil justice system in Australia. Judicial institutions and their practices were key to the founding of civil society in the Australian colonies. This project will produce new knowledge about the origins of our civil justice system. The project will trace legal reformist ideas in England, their dissemination across Britain's Empire and the impact these had on how judges and administrators in the Australian colonies crafted their judicial practices to provide speedy and effective access to civil justice. As well as scholarly writing, this project will provide a podcast and multi-media website that explains how civil trials worked in the mid-nineteenth century.Read moreRead less
The sight of justice: images and the rule of law. The rule of law is a key issue in global and national governance, which this project will study in a novel way: through the images and art that have helped us make sense of it. This will give new insights into its history, evolution and current challenges, and new ways of encouraging public understanding and engagement with the law.
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
Juries, justice and citizenship. This project aims to expose the history of cultural and legal processes that for most of the twentieth century denied enfranchised Australian women the equal right to sit on juries. The project expects to provide new legal and historical understandings of structural gender and racial inequalities that persist today. The project will advance national and international knowledge by reconstructing the gender dynamics of historical court processes and documenting wom ....Juries, justice and citizenship. This project aims to expose the history of cultural and legal processes that for most of the twentieth century denied enfranchised Australian women the equal right to sit on juries. The project expects to provide new legal and historical understandings of structural gender and racial inequalities that persist today. The project will advance national and international knowledge by reconstructing the gender dynamics of historical court processes and documenting women’s struggles to overcome their exclusion. It will recover a previously unexamined aspect of legal history, and provide an important corrective to current understandings of the representativeness of Australian juries.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE200101236
Funder
Australian Research Council
Funding Amount
$389,201.00
Summary
Protected entry for asylum seekers in history and international refugee law. This project aims to investigate how States have permitted asylum seekers to safely cross international borders and access protection as refugees. Using rigorous qualitative historical research methods, and a refugee law-based analysis, the project intends to examine the history of protected entry procedures used by governments in Australia, the United States, Canada and Italy, with a view to clarifying the operations a ....Protected entry for asylum seekers in history and international refugee law. This project aims to investigate how States have permitted asylum seekers to safely cross international borders and access protection as refugees. Using rigorous qualitative historical research methods, and a refugee law-based analysis, the project intends to examine the history of protected entry procedures used by governments in Australia, the United States, Canada and Italy, with a view to clarifying the operations and outcomes of these procedures in relation to international refugee law obligations. In an era of record forced migration, this timely and original comparative history of safe access to asylum will advance scholarly knowledge about refugee law and policy.Read moreRead less
Special Research Initiatives - Grant ID: SR200200683
Funder
Australian Research Council
Funding Amount
$247,923.00
Summary
Rethinking Medico-Legal Borders: From international to internal histories . The response to coronavirus has starkly revealed the significance of internal movement and its regulation. Yet the focus of scholarship on medico-legal border control remains almost exclusively on international movement. This project addresses that major gap by researching the regulation of internal movement in past and present pandemic times, with a focus on plague, influenza, SARS and coronavirus in Australia, and in c ....Rethinking Medico-Legal Borders: From international to internal histories . The response to coronavirus has starkly revealed the significance of internal movement and its regulation. Yet the focus of scholarship on medico-legal border control remains almost exclusively on international movement. This project addresses that major gap by researching the regulation of internal movement in past and present pandemic times, with a focus on plague, influenza, SARS and coronavirus in Australia, and in comparison with Hong Kong. It will interrogate the ambiguous internal/international borders of ships in quarantine in the past and in the coronavirus present. Bringing law and history together, this project will clarify how internal movement has been, and can best be, lawfully restricted. Read moreRead less
Augustus and the Roman Triumph: A Study in Creeping Authoritarianism. This proposal aims to produce novel comparative insights into the genesis of despotism in sophisticated republics and democracies. To this end, it focuses on the transformation of the public victory ritual of the triumph from a shared aristocratic privilege into a lasting imperial monopoly by Augustus, Rome’s first emperor. Enhancing our knowledge of the rise and inner workings of Augustus’ New Order will provide modern politi ....Augustus and the Roman Triumph: A Study in Creeping Authoritarianism. This proposal aims to produce novel comparative insights into the genesis of despotism in sophisticated republics and democracies. To this end, it focuses on the transformation of the public victory ritual of the triumph from a shared aristocratic privilege into a lasting imperial monopoly by Augustus, Rome’s first emperor. Enhancing our knowledge of the rise and inner workings of Augustus’ New Order will provide modern political science with a new archetype of creeping authoritarianism, readily applicable to some of the most notorious tyrannies of the modern era and contemporary variants. The proposal will, therefore, substantially inform the field, theorists and practitioners of government, and Australia’s secondary school curriculum.Read moreRead less