The Hayne Royal Commission – just another piece of official discourse?

Q2 Social Sciences

Law and Financial Markets Review Pub Date : 2019-05-07 DOI:10.1080/17521440.2019.1612991

G. Gilligan

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引用次数: 1

Abstract

The institutions of the state and those individuals, and/or groups, who manage and/or operate within them are engaged in ongoing production of information and knowledge. These information/knowledge production processes and structures can operate anywhere along a continuum of overt to covert, helping to shape the cultures, systems and societies in which they are situated. Official discourse is a generic label for the information and knowledge that is produced. At any given time, there may be a multitude of mechanisms of official discourse at work in any jurisdiction that are shaped by prevailing political, economic, social, cultural and historical influences. This article considers royal commissions of inquiry, a mechanism of official discourse that has been popular in some of the jurisdictions that were a part of the British Empire and which continue to be influenced by British legal traditions. The analysis is limited to Australia, in particular, to the recent Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry chaired by Commissioner Kenneth Hayne, which sat throughout 2018. This article discusses its effects as a mechanism of official discourse.

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海恩皇家委员会——只是另一篇官方言论?

国家机构和那些管理和/或在其中运作的个人和/或团体从事信息和知识的持续生产。这些信息/知识生产过程和结构可以沿着公开到隐蔽的连续体在任何地方运作，有助于塑造它们所处的文化、系统和社会。官方话语是对所产生的信息和知识的通用标签。在任何特定时间，在任何司法管辖区都可能存在多种官方话语机制，这些机制受到主流政治、经济、社会、文化和历史影响的影响。本文考虑皇家调查委员会，这是一种官方话语机制，在大英帝国的一些司法管辖区很受欢迎，并继续受到英国法律传统的影响。该分析仅限于澳大利亚，特别是最近由专员肯尼斯·海恩(Kenneth Hayne)主持的调查银行、养老金和金融服务业不当行为的皇家委员会，该委员会持续了整个2018年。本文探讨了其作为官方话语机制的作用。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Law and Financial Markets Review LAW-

CiteScore

1.40

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0.00%

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期刊介绍： The Law and Financial Markets Review is a new, independent, English language journal devoted to providing high quality information, comment and analysis for lawyers specialising in banking and financial market issues and to others with interests in legal and regulatory developments affecting the financial markets. Published four times a year LFMR contains articles written by leading experts providing a forum for practical guidance on, as well as reflective and topical analysis of, all major jurisdictions, with a particular focus on the interaction between the law and market practice and behaviour.