{"title":"The essential ingredients of food regulatory governance","authors":"C. Arup, J. Dixon, Jo Paul-Taylor","doi":"10.1080/10383441.2020.1804659","DOIUrl":"https://doi.org/10.1080/10383441.2020.1804659","url":null,"abstract":"ABSTRACT How does law regulate the system of food production and consumption? This study distinguishes three roles for law: supporting private regulation by industry through the market, supporting civil society co-regulation with industry and government, and supporting direct government regulation. This study employs empirical methods to assesses the progress of civil society co-regulation in three Australian cases where the public interest is at stake: added sugar nutrition, hen laying animal welfare and dairy farmer security. The study finds that support for the market regulation of the major supermarket chains remains the dominant role for law. Civil society co-regulation is making progress; nonetheless, it would have more impact if it had the support of government and law. Government is reluctant to give legal standing to the co-regulatory process and to legislate baseline standards. Beyond Australia, this study shows how all three roles of law are essential ingredients of food regulatory governance.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2020-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10383441.2020.1804659","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45376428","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Climate change, ‘slow violence’ and the indefinite deferral of responsibility for ‘loss and damage’","authors":"J. Dehm","doi":"10.1080/10383441.2020.1790101","DOIUrl":"https://doi.org/10.1080/10383441.2020.1790101","url":null,"abstract":"ABSTRACT This article traces debates within international climate regime on loss and damage from climate impacts. Impacts from climate change should be understood as incremental violence structurally over-determined by international relations of power and control that affect most acutely those who contributed least to dangerous levels of anthropocentric greenhouse gas emissions. Calls for compensation or reparation for ‘loss and damage’ are therefore a demand for climate justice. This article shows how questions of loss and damage were initially avoided within the climate regime. At the nineteenth Conference of the Parties in December 2013 the United Nations Framework Convention on Climate Change (UNFCCC) adopted the Warsaw International Mechanisms for Loss and Damage (WIM) associated with climate change. However, even then questions of compensative or reparative justice were persistently evaded. The institutionalisation of the WIM focused on questions of comprehensive risk assessment and disaster risk reduction and the promotion of privatised, insurance-based and financialised approaches to financing loss and damage. These operate in different ways to displace responsibility away from historical polluters, by nationalising responsibility to anticipate and prepare for disasters and seeking to responsibilise the vulnerable and risk-exposed subject.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2020-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10383441.2020.1790101","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42608332","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Native dignity","authors":"S. Chalmers","doi":"10.1080/10383441.2020.1748833","DOIUrl":"https://doi.org/10.1080/10383441.2020.1748833","url":null,"abstract":"ABSTRACT The article presents a reading of the painting Native Dignity (1860) by Anglo-Australian artist S T Gill. In treating the painting first as an artefact, the article shows how a discourse of dignity is embedded in it, in a way that registers its constituent understandings, anxieties, and contradictions. The result is a genealogy of ‘native dignity’ that traces its movement between Europe and Australia – a movement that reveals its terrible cost for Aboriginal peoples. While the price of ‘native dignity’ might not have been apparent in Europe, in the searing antipodal light it became all too clear that the concept, which was supposed to uphold the dignity of all humans, upheld only the dignity of European Man; that this supposedly natural property remained an artificial one that Aboriginal peoples could possess only if remade in the image of the European. If that is what the painting reveals when analysed as an artefact, then just as important is what it reveals when seen as an artwork. Here the article shows how the contradiction that lingered in ‘native dignity’ was innervated by the painting – how Native Dignity confronted its European audiences with nerve-force, revealing like a harlequin in a public square the underbelly of European Man’s native dignity.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2020-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10383441.2020.1748833","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45666142","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Before the High Court: the legal systematics of Cannabis","authors":"J. Bosse","doi":"10.1080/10383441.2020.1804671","DOIUrl":"https://doi.org/10.1080/10383441.2020.1804671","url":null,"abstract":"ABSTRACT This article examines the history of a legal-scientific controversy: the challenges to criminal prohibitions on marijuana, which invoked contested scientific views of the taxonomy of the cannabis plant. Facing prosecution in the 1970s, numerous defendants raised the ‘botanical defence’, an argument that relied on the expert testimony of scientists to dispute the classification and nomenclature of genus Cannabis. This article analyses judicial opinions from the three nations where the botanical defence was raised – the United States, Canada, and Australia – where the meaning of the name, ‘Cannabis sativa L.’, was found to be in the domain of judicial, not scientific, authority. Although this satisfied the need for closure in the criminal cases, the article draws attention to the ongoing consequences of the taxonomic debate for the regulation of the cannabis plant under intellectual property laws.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2020-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10383441.2020.1804671","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46215099","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"State of undress: law, carnival and mass public nudity events","authors":"Theodore Bennett","doi":"10.1080/10383441.2020.1774971","DOIUrl":"https://doi.org/10.1080/10383441.2020.1774971","url":null,"abstract":"ABSTRACT This article uses cultural analysis to explain why mass public nudity events are excepted and exempted from the typical legal regulations around public nudity. It uses two specific examples, namely the London version of the World Naked Bike Ride and the Tasmanian Nude Solstice Swim, to illustrate the broader connections between mass public nudity events and systems of dress regulation. It argues that whilst the legal allowance of these events breaks from the general pattern of prohibitions around public nudity, this disparity can be accounted for by reading these events through the interpretive framework of Mikhail Bakhtin’s concept of ‘carnival’. This framework reveals that these licensed forms of carnival transgression affirm the limits of the dress regulations that they superficially appear to challenge, and that the legal allowance of these events performs the same function as the typical legal regulations around public nudity.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2020-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10383441.2020.1774971","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49435265","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Classifying the monster: the erasure of familial child sexual abuse in the Wood Royal Commission Paedophile Inquiry","authors":"D. McDonald","doi":"10.1080/10383441.2020.1841372","DOIUrl":"https://doi.org/10.1080/10383441.2020.1841372","url":null,"abstract":"ABSTRACT Since the 1980s there has been a transformation in understandings of institutional child sexual abuse. While these developments have been long overdue, shifts in understanding other forms of child abuse and neglect have been much more incremental. This is particularly true of abuse occurring in the family. This article examines the Wood Royal Commission, which operated from 1994 until 1997 in the Australian state of New South Wales. Unlike inquiries into institutional child sexual abuse, its scope was not limited in terms of the scenarios of abuse that it investigated. Notwithstanding this, a flawed approach saw it effectively erase familial abuse as a sufficient matter of concern. While scholarly research on royal commissions frequently points to an inquiry’s terms of reference, or the failure of governments to implement recommendations in an inquiry’s aftermath, the Wood Royal Commission reveals a failure in investigative decision making. By positioning this Royal Commission within the broader terrain of public inquiries into child sexual abuse, I demonstrate how intrafamilial abuse continues to be neglected.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10383441.2020.1841372","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59721354","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A death sentence for swearing: the fatal consequences of the failure to decriminalise offensive language","authors":"E. Methven","doi":"10.1080/10383441.2020.1861712","DOIUrl":"https://doi.org/10.1080/10383441.2020.1861712","url":null,"abstract":"ABSTRACT Several commissions of inquiry have recommended the reform or abolition of laws that criminalise the use of offensive language in Australia. These criminal offences have been linked to the over-policing and deaths in custody of Indigenous Australians. Australian state and territory governments have not only ignored these recommendations; they have also added new weapons to the police officer’s arsenal to control and punish swearing in public. Through an analysis of several case studies sourced from coronial inquiries and the Royal Commission into Aboriginal Deaths in Custody, this article argues that there is a need for urgent reform of laws that criminalise offensive language.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10383441.2020.1861712","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49493706","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Strategies of denial and the Australian Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry","authors":"P. Crofts","doi":"10.1080/10383441.2020.1819266","DOIUrl":"https://doi.org/10.1080/10383441.2020.1819266","url":null,"abstract":"The recently concluded Australian Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry presented evidence of malfeasance, malpractice, and unethical and criminal behaviour by the banks. This article analyses the narratives proffered by the banks that were reported on the front pages of Australian media during the Royal Commission. This article analyses the strategies of denial and neutralisation used by the banks, including literal denial (nothing happened), interpretive denial (something happened but it’s not what you think) and implicatory denial (it happened but action is not needed and/or possible), and provides insight into the ways powerful institutions and individuals intervene in, construct, and support moral and legal codes.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10383441.2020.1819266","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48339449","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Canada’s Truth and Reconciliation Commission: Assessing context, process, and critiques","authors":"David B. MacDonald","doi":"10.1080/10383441.2020.1868282","DOIUrl":"https://doi.org/10.1080/10383441.2020.1868282","url":null,"abstract":"Abstract The Truth and Reconciliation Commission (TRC) of Canada was a post-judicial exercise in truth telling after seven generations of residential schooling for Indigenous children. I outline some of the strengths and weaknesses of the process and engage with a range of critiques from settler and Indigenous academics and theorists. Section One covers the lengthy process of Survivors to seek redress for their experiences. Section Two covers the judicial processes that preceded the TRC. Section Three focuses on the TRC, and some of its strengths and weaknesses through three distinct but slightly overlapping lenses. I engage with settler critics who argue that the TRC was either too pro-Survivor, too anti-state, anti-school, and anti-church. I contrast this with Indigenous critiques from the resurgence school who saw the TRC as too close to government. I conclude with the transformative reconciliation school, advanced by Indigenous and settler academics working together to take the best aspects of the TRC and apply them.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10383441.2020.1868282","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47852360","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The state and capital: lessons from the first Australian banking royal commission and its aftermath","authors":"E. Schofield-Georgeson","doi":"10.1080/10383441.2020.1816134","DOIUrl":"https://doi.org/10.1080/10383441.2020.1816134","url":null,"abstract":"ABSTRACT This paper explores the critical theorisation of royal commissions. It does so by examining the conduct and aftermath of a pivotal Australian executive enquiry into banking following the Great Depression. While generally accepting the critical theorisation of royal commissions as serving to ‘legitimate political subjection’, this paper argues that the current theorisation of royal commissions requires a more nuanced understanding of the State and capital, particularly in light of the role played by the Australian legislature in the wake of the first banking royal commission. From such a perspective, it is possible to see that progressive legal and political change is possible through the royal commission process but that such change is contingent upon particular political and constitutional formations within the Australian State.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10383441.2020.1816134","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45780416","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}