ORCID Profile
0000-0002-9288-0791
Current Organisation
UNSW Sydney
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Law and Society | Law |
Climate Change Mitigation Strategies | Public Services Policy Advice and Analysis | Comparative Structure and Development of Community Services
Publisher: Elsevier BV
Date: 2007
DOI: 10.2139/SSRN.993061
Publisher: SAGE Publications
Date: 27-02-2014
Publisher: Edward Elgar Publishing
Date: 16-12-2022
Publisher: Cambridge University Press
Date: 28-06-2012
Publisher: Policy Press
Date: 29-01-2020
DOI: 10.1332/POLICYPRESS/9781447348016.003.0011
Abstract: This concluding chapter seeks to build inductively from the findings of the research projects discussed in previous chapters, summarising their collective implications to address what makes it possible to regulate for engagement. It argues that the answer is a processual one. A threefold dynamic process underpins effective regulation for engagement, constituted by three factors that build upon and support each other. The chapter first elaborates on this threefold process, drawing on micro-illustrations from the preceding chapters. It follows by acknowledging the limits and perils of these dynamics, especially if they are institutionalised through traditional regulatory policy or legally enforceable programmes. Responding to these limits is the aim of the chapter's conclusion, where it is argued that embedding these practices and processes in experientially sensitive infrastructure is the key to preserving and stabilising their creative potential.
Publisher: Wiley
Date: 31-05-2017
DOI: 10.1002/WCC.473
Publisher: Elsevier BV
Date: 2011
DOI: 10.2139/SSRN.1750251
Publisher: Wiley
Date: 08-11-2015
Publisher: Oxford University Press
Date: 27-06-2013
Publisher: Cambridge University Press (CUP)
Date: 28-04-2023
DOI: 10.1017/LSI.2023.4
Abstract: Since the early 2000s, many of the left groups that spurred the alt-globalization movement have embraced directly democratic organizing and the creation of ethical relationships and subjectivities far more than they have pursued projects to reform legal and political institutions. These practices are often described as prefigurative because people are working to build alternative possible futures in the here-and-now outside of dominant statist and capitalist rationalities. In this essay, we ask if prefiguration can also involve imagining legal forms anew. Drawing on Amelia Thorpe, Owning the Street: The Everyday Life of Property (2020), we discuss contemporary efforts to use the language, form, and legitimacy of law to imagine it otherwise, efforts that occur through various kinds of direct actions rather than primarily through appeals to courts, legislators, or other state officials. In so doing, we point to an emergent field of critical and sociolegal scholarship that we call prefigurative legality.
Publisher: Palgrave Macmillan US
Date: 2017
Publisher: Springer Science and Business Media LLC
Date: 09-01-2007
Publisher: Elsevier BV
Date: 2014
DOI: 10.2139/SSRN.2538294
Publisher: Oxford University Press (OUP)
Date: 2013
DOI: 10.1093/CLP/CUT002
Publisher: Elsevier BV
Date: 2013
DOI: 10.2139/SSRN.2350262
Publisher: Oxford University Press
Date: 27-06-2013
Publisher: SAGE Publications
Date: 22-07-2022
DOI: 10.1177/00420980221107767
Abstract: This paper argues that prefigurative legality plays an important role in crafting municipalist strategy. We explore the experience of the City of Sydney in relation to new municipalism, focusing on its trajectory as a ‘boundary case’ that generates incrementally accrued transformative potential under conditions of muted political partisanship. The paper argues that at least in a boundary case such as this, legality can be a key and underappreciated component of transformative strategy, particularly if its prefigurative potential is appreciated. Prefigurative legality as a component of strategy is less about reconfiguring forms of state practice and more a means of institutionalising substantive policies and state practices in ways that extend the connection between community and state. As such, prefigurative legality has a deeply ambivalent relationship with the state and is both more incremental and more inclined to be ‘merely progressive’ than the prefigurative politics of radical municipalism. Nonetheless, we argue that legality still acts as an important and underappreciated pivot between power and resistance, especially where legal pluralism and multi-scalar indeterminacy are salient. The paper makes this argument while tracking the City of Sydney’s engagement with three dimensions of legality – delegated jurisdiction, legal pluralism and multi-scalar indeterminacy – and the ways in which these trajectories intersect with state and national government responses. While the Sydney case may fall just outside the boundaries of ‘classic’ instances, the role of legality in this setting generates valuable insights for the longer-term trajectories of more radical versions of new municipalism.
Publisher: Bristol University Press
Date: 29-01-2020
Publisher: SAGE Publications
Date: 12-2003
DOI: 10.1177/0964663903012004004
Abstract: Recent developments in regulatory reform strategies increasingly focus on controlling the process of regulation itself, rather than regulating social and in idual action directly. This article explores the reflexive systematization of regulatory policy by focusing on institutions and processes that embed regulatory review mechanisms deploying economic rationality into the every-day routines of governmental policy-making. It explores both the social logic underlying this phenomenon of ‘meta-regulation’, and its political implications, primarily in relation to a particular instance of meta-regulation established in Australia in the 1990s. The social logic of meta-regulation is characterized as an instance of nonjudicial legality, situated at the inter-section of two trends - an increasing legalization of politics and a growing reliance on nonjudicial mechanisms of accountability. The political implications can be summed up as an ‘economization’ of regulatory politics. Meta-regulation excludes competing ways of understanding regulatory policy choices, causing bureaucrats to ‘translate’ aspects of social welfare that previously may have been expressed in the language of need, vulnerability or harm into the language of market failures or market distortion. This process tends to silence certain critical modes of demanding justice, particularly those that rely on moral or distributive values.
Publisher: Cambridge University Press (CUP)
Date: 12-2020
Publisher: Policy Press
Date: 29-01-2020
Publisher: Cambridge University Press
Date: 21-04-2011
Abstract: In the 1990s and mid-2000s, turbulent political and social protests surrounded the issue of private sector involvement in providing urban water services in both the developed and developing world. Water on Tap explores ex les of such conflicts in six national settings (France, Bolivia, Chile, Argentina, South Africa and New Zealand), focusing on a central question: how were rights and regulation mobilized to address the demands of redistribution and recognition? Two modes of governance emerged: managed liberalization and participatory democracy, often in hybrid forms that complicated simple oppositions between public and private, commodity and human right. The case studies examine the effects of transnational and domestic regulatory frameworks shaping the provision of urban water services, bilateral investment treaties and the contributions of non-state actors such as transnational corporations, civil society organisations and social movement activists. The conceptual framework developed can be applied to a wide range of transnational governance contexts.
Publisher: Emerald
Date: 08-05-2018
Abstract: This paper aims to explore the availability of new legal models for social enterprise development in Australia, asking the question: what does a distinctive focus on legal form add to the scholarly exploration of social enterprise? The paper has a dual purpose: firstly, to present a general empirical review of the fact, possible causes and implications of the absence of new legal models for social enterprise in Australia and secondly, to make a polemical argument highlighting some of the advantages of developing a distinctive legal structure for social entrepreneurs in Australia. The paper reconciles two contending accounts. One would stress the absence of new legal models (the “gap” analysis). The other would acknowledge the absence of new legal models, while stressing the relevance of existing legal models for pursuing social enterprise goals. Both accounts are descriptively true, but the tension between them relates in part to the level of analysis (legal-political, collective voluntary action or bottom-up in idual actors) and, in part, to longstanding tensions in the conceptualisation of social enterprise. The paper provides evidence of the rising salience of existing cooperative legal forms, rising ersity in the legal model choices of in idual social enterprises and the emergence of two significant bottom-up developments in voluntary model rules. The legal-political bottleneck that remains is related to the constitutional structure of federal and state power, key macro-political policy trends in the late 1990s and the distinctive nature of the Australian “wage-earners” welfare state settlement. The paper highlights that what may appear as a “gap” in the legal landscape of Australian social enterprise is more nuanced. Despite the striking absence of any distinct new legislated legal models, the overall situation is a complex landscape providing multiple threads for weaving together erse forms of social enterprise. Although legal frameworks may not be as salient as governance design choices, they generate three important second-order effects: signalling, legitimation and professional networks. Taken together, these may support a case for the distinctive value of a specific hybrid legal model for social enterprise.
Publisher: Emerald
Date: 06-11-2017
Abstract: This paper aims to document the nature of social enterprise models in Australia, their evolution and institutional drivers. The paper draws on secondary analysis of source materials and the existing literature on social enterprise in Australia. Analysis was verified through consultation with key actors in the social enterprise ecosystem. With its historical roots in an enterprising non-profit sector and the presence of cooperative and mutual businesses, the practice of social enterprise in Australia is relatively mature. Yet, the language of social enterprise and social entrepreneurship remains marginal and contested. The nature of social enterprise activity in Australia reflects the role of an internally erse civil society within an economically privileged society and in response to an increasingly residualised welfare state. Australia’s geography and demography have also played determining roles in the function and presence of social enterprise, particularly in rural and remote communities. The paper contributes to comparative understandings of social enterprise and provides the first detailed account of social enterprise development in Australia.
Publisher: Cambridge University Press
Date: 2018
Publisher: Policy Press
Date: 29-01-2020
Publisher: Elsevier
Date: 2015
Publisher: Cambridge University Press (CUP)
Date: 1999
Publisher: Routledge
Date: 30-11-2017
Publisher: Annual Reviews
Date: 13-10-2018
DOI: 10.1146/ANNUREV-LAWSOCSCI-101317-031201
Abstract: The sharing economy is an emergent field of scholarship. This review explores two clusters of debate regarding the sharing economy and seeks to discern the lines of a productive dialogue between them. It suggests that the current state of scholarship on law in the sharing economy is a complex and asymmetrical mix of narrative articulation and empirical exploration. The first cluster focuses on an on-demand commercial vision of the sharing economy and is generating an exploding legal literature largely not grounded on empirical research. This coexists with an emergent social science literature focused on a solidarity-inflected version of the sharing economy, which, however, pays little or no explicit attention to law or legality. Each cluster of debate is first separately explored, after which three sites of détente are identified where these trajectories edge toward each other: urban governance, sociolegal accounts of the interplay between enterprise ersity and regulation, and reconfigurations of property law. Common to all three is an appreciation of collective economic agency as of equal importance to regulatory responses.
Publisher: Cambridge University Press (CUP)
Date: 22-11-2022
DOI: 10.1017/S1744552322000325
Abstract: The need to engage students in thinking about the politics of law, especially in a time of escalating climate and other crises, is increasingly urgent. In this paper, we discuss a series of place-based teaching strategies designed to foster critical legal thinking, but also hope and a sense of agency. Inspired by a range of scholars – Bruno Latour, Doreen Massey, Henry Giroux and J.K. Gibson-Graham – we use context in an effort to cultivate what Giroux calls ‘educated hope’. Our starting point is what the law does (and also what law does not do and what it could do), not what the law is. Instead of taking a field of law and then using ex les to illustrate how it works in context, we discuss three courses that start with the context of a particular place. Our courses cover a range of laws that work together to shape that place, spanning multiple fields, and emphasise their peopled and place-based specificity. After discussing teaching and assessment strategies that we have found productive, we reflect on implications beyond our courses, and the potential for broader place-based legal pedagogies.
Publisher: Routledge-Cavendish
Date: 16-12-2009
Publisher: Edinburgh University Press
Date: 09-2022
Abstract: This article concerns two disputes that occurred between 2020–22 at the Coogee Women’s Pool, a public ocean pool in Sydney reserved for use only by women. One contest concerned the governance of the pool by its Management Committee related to differing conceptions of the ethos of the pool and the nature of its custodianship. The other concerned the exclusion of trans women from the pool over the definition of ‘women’ allowed access to the facility. The article examines these disputes and the contests they generated in exploring when and how forms of law encourage or undermine relational regulation in the context of community-controlled public space. It draws on ideas about the commons elaborated by Silvia Federici and the concept of ethos articulated by Ivan Illich to understand the nature and value of community-controlled public space. The article links these ideas to the role of law in engaging with scholarship on the right to the city and rights to protest in relation to the commons. It draws on this framing, and uses interviews, primary and secondary sources, to closely study the recent history at the Women’s Pool regarding governance of common space and issues of inclusion within the space. In looking at how law was used in relation to both aspects, it finds the idea of relational regulation helpful. The article suggests that light touch relational regulation might support the ethos of managed communal spaces, making room for deliberative practices that facilitate the resolution of challenging questions of membership and participation. The events in this small space of recreation prefigure possibilities for deliberation, care and (re)enchantment as a counter to neoliberal ordering.
Publisher: Edward Elgar Publishing
Date: 06-02-2020
Publisher: ANU Press
Date: 22-09-2017
Publisher: Springer Science and Business Media LLC
Date: 04-01-2007
Publisher: Elsevier BV
Date: 2008
DOI: 10.2139/SSRN.1292785
Publisher: Routledge
Date: 30-11-2017
Publisher: SAGE Publications
Date: 23-06-2022
DOI: 10.1177/1037969X221108557
Abstract: This article examines the recommendations of the recent Productivity Commission Inquiry regarding the right to repair through the lens of social issues surrounding the right to repair movement. It describes the right to repair movement in Australia and globally and examines which repair practices are considered important by the Commission, and the limitations of the Commission’s preoccupation with existing repair markets. It also discusses changing notions of ownership and their effects on repair practices.
Publisher: Edward Elgar Publishing
Date: 03-2014
Abstract: Water rights involve an amalgam of property rights and socio-economic rights that possess an inescapable regulatory dimension. The resulting uneasy mix of public responsibilities and private property regimes means that the details of the legal entity structure involved are central to the viability and effectiveness of implementing water rights on the ground. Small-scale social enterprise structures offer a fascinating site for exploring the tensions endemic to the field of water rights. This article explores the ways in which the entrepreneurial energies of business approaches to the implementation of water rights articulate with the impetus for structural change embedded in practices of social activism. Our main purpose is to interrogate too easy an assumption of uni-dimensional or static relationships between social activism and social enterprise. We argue that there are multiple erse relationships possible between them, including oppositional, evolutionary, complementary, and dialectical relations. We illustrate these shifts empirically with ex les from India and Bolivia. The article stresses the ambiguous potential of both empowerment and oppression when business methods are used to secure social outcomes, including those promised by the guarantee of a human right to water.
Publisher: Elsevier BV
Date: 2016
DOI: 10.2139/SSRN.2833818
Publisher: Wiley
Date: 10-05-2017
DOI: 10.1111/LASR.12270
Publisher: Wiley
Date: 09-02-2018
DOI: 10.1111/JOLS.12075
Publisher: Cambridge University Press
Date: 26-11-2012
Publisher: Wiley
Date: 09-02-2018
DOI: 10.1111/JOLS.12079
Publisher: Routledge
Date: 30-11-2017
Publisher: Oxford University Press (OUP)
Date: 02-2006
DOI: 10.1093/EJIL/CHI161
Publisher: Cambridge University Press
Date: 12-11-2018
Publisher: Palgrave Macmillan US
Date: 2017
Publisher: Macmillan Education UK
Date: 2012
Start Date: 10-2012
End Date: 01-2017
Amount: $817,858.00
Funder: Australian Research Council
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