Griffith Law Review最新文献_第2页

In the shadow of the healing rainbow: belonging and identity in the regulation of traditional medicine in Mauritius. 在治愈彩虹的阴影下:毛里求斯传统医学监管中的归属和身份

IF 1.3

Griffith Law Review Pub Date : 2023-08-26 eCollection Date: 2023-01-01 DOI: 10.1080/10383441.2023.2249708

Nayeli Urquiza-Haas, Emilie Cloatre

{"title":"In the shadow of the healing rainbow: belonging and identity in the regulation of traditional medicine in Mauritius.","authors":"Nayeli Urquiza-Haas, Emilie Cloatre","doi":"10.1080/10383441.2023.2249708","DOIUrl":"10.1080/10383441.2023.2249708","url":null,"abstract":"This article explores how traditional healing is regulated in the island of Mauritius. Drawing on postcolonial Science and Technology Studies and their encounter with socio-legal studies, it maps the emergence of the Ayurveda and Other Traditional Medicines Act of 1990, pointing out the selectivity of the notion of 'tradition' and its entanglement to broader nation-making processes, born in the process of its independence from Britain. While the social and political histories embedded in the text of the law favour the authorisation of some healing traditions and not others, outside its scope, other practices persist, and triggering competing visions about the island's healing futures. By bringing into the frame the plurality of Mauritius's healing landscape, where different traditions coexist despite their ambiguous legal status, this article accounts for the tensions in the regulation of traditional medicine, where the law produces its own inclusions and exclusions, and mundane legalities of everyday healing become sites of broader political questioning about the relationship between law, science, and nation-making.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10540354/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42243752","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Building bridges: using existing law to support the cultural self-determination of Aboriginal and Torres Strait Islander businesses and communities 搭建桥梁:利用现有法律支持土著居民和托雷斯海峡岛民企业和社区的文化自决

IF 1.2

Griffith Law Review Pub Date : 2023-06-16 DOI: 10.1080/10383441.2023.2218232

Kevin Sobel-Read, Lisa Toohey, T. Gray, Daniel J. Toohey, Hannah Stenstrom

引用次数: 0

Indonesia’s new Criminal Code: indigenising and democratising Indonesian criminal law? 印度尼西亚新刑法：使印度尼西亚刑法本土化和民主化？

IF 1.2

Griffith Law Review Pub Date : 2023-04-03 DOI: 10.1080/10383441.2023.2243772

S. Butt

{"title":"Indonesia’s new Criminal Code: indigenising and democratising Indonesian criminal law?","authors":"S. Butt","doi":"10.1080/10383441.2023.2243772","DOIUrl":"https://doi.org/10.1080/10383441.2023.2243772","url":null,"abstract":"ABSTRACT In late 2022, Indonesia’s national parliament enacted a new Criminal Code, which replaced a 1918 Code introduced during Dutch colonial rule. Some provisions – such as those covering the death penalty, corporate liability and criminal settlements – have been relatively well received by reformists. But many other provisions have been widely and strongly criticised. While the Code claims to democratise, decolonise and consolidate Indonesian criminal law, this article demonstrates that it has achieved the opposite. It undermines democracy by seriously hampering free speech, including legitimate criticism of government officeholders and institutions. It reinstates offences imposed during the Dutch colonial era that were used against Indonesian nationalists pushing for independence, including Indonesia’s first president, Soekarno. And, far from bringing together Indonesia’s disparate regulatory sources of criminal law, the Code adds another layer of law to existing sui generis criminal statutes, which largely remain in effect. Worse, the new Code imposes conservative religious-based values allowing the state to interfere in citizens’ private sexual lives. The Code also appears to encourage subnational lawmakers to give effect to localised customary norms of criminal law, which might reflect even more conservative values and result in the prohibition of various expressions of sexuality, including homosexuality.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2023-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47234643","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}

引用次数: 0

Thinking about Islamic legal traditions in multicultural contexts 多元文化背景下的伊斯兰法律传统思考

IF 1.2

Griffith Law Review Pub Date : 2023-04-03 DOI: 10.1080/10383441.2023.2243776

Samuel D. Blanch

{"title":"Thinking about Islamic legal traditions in multicultural contexts","authors":"Samuel D. Blanch","doi":"10.1080/10383441.2023.2243776","DOIUrl":"https://doi.org/10.1080/10383441.2023.2243776","url":null,"abstract":"ABSTRACT Faced by the apparent difference between legal traditions, how should scholars and policy makers assess their compatibility or incompatibility? What criteria should be used to adjudge the commensurability, or even the elements of incongruity, between traditions that have developed in different cultural, social and economic circumstances? This article argues for a shift from the way that much of the scholarship on Islamic legal traditions in Western polities pursues these questions. First, scholars assess Islamic legal traditions by explicitly or implicitly assessing their compliance with a contingent Western rendition of the rule of law. Second, comparisons tend to focus on a Western legal theoretical priority of the ‘rule’ itself, whereby conceptualisations of law are parsed out using an analytical infrastructure particular to the contingent history of the nation state. Such approaches may usefully assess migrant traditions’ political compatibility with a benevolent or hegemonic Western legal regime. Indeed, they may be defended philosophically on the basis of ‘difference blind’ legal arrangements or some kind of minimal secular baseline of governance. However, these approaches are insufficient for addressing the prior question of commensurability. Based on ethnographic data from the Shia Muslim tradition of legal training, I offer a brief account of two ‘repertoires of justification’ standing askance from this anyhow contingent rendition of Western law. This account serves as a counterpoint to rule based approaches, demonstrating why commensurability should be assessed through an attentiveness to the alternative logics of other legal traditions.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2023-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44015889","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}

引用次数: 0

Extraction and jurisdiction: forms of law and the Antarctic Treaty System* 提取和管辖权:法律形式和南极条约系统*

IF 1.2

Griffith Law Review Pub Date : 2023-04-03 DOI: 10.1080/10383441.2023.2223481

Caitlin Murphy

{"title":"Extraction and jurisdiction: forms of law and the Antarctic Treaty System*","authors":"Caitlin Murphy","doi":"10.1080/10383441.2023.2223481","DOIUrl":"https://doi.org/10.1080/10383441.2023.2223481","url":null,"abstract":"ABSTRACT This article joins a conversation that examines the dynamics of extraction in global space and their relationship to practices of authorisation in international law. The article offers an analysis of a specific historical debate that occurred through the negotiation of the since-abandoned Convention on the Regulation of Antarctica Mineral Resource Activities (CRAMRA). The debate was largely over whether the Antarctic Treaty System (ATS) should continue to govern Antarctica. This article argues that while extracting mineral resources from Antarctica has now been foreclosed, the jurisdictional form that remains is part of the enabling legal infrastructure that patterns contemporary global extraction. Specifically, this jurisdictional form entails the reassertion of international legal authority grounded in colonial territorial claims, and a reappropriation of the Common Heritage of Mankind principle (CHM) to appeal to a construction of universality that repeats the familiar colonial move of locating ‘humanity’ largely in the Global North. In the contested times of the Anthropocene, discussion of the ATS rightly celebrates an instance of restraining corporate extraction of hydrocarbons from an unstable climactic ecosystem. However, we could also take account of how the ATS’ jurisdictional form could contribute to contemporary global extraction and its highly unequal consequences.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2023-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46217343","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}

引用次数: 0

Government surveillance and facial recognition in Australia: a human rights analysis of recent developments 澳大利亚政府监控和面部识别:对近期发展的人权分析

IF 1.2

Griffith Law Review Pub Date : 2023-01-02 DOI: 10.1080/10383441.2023.2170616

A. Fletcher

引用次数: 0

Corporate net zero pledges: a triumph of private climate regulation or more greenwash? 企业净零承诺：私人气候监管的胜利还是更多的绿色清洗？

IF 1.2

Griffith Law Review Pub Date : 2023-01-02 DOI: 10.1080/10383441.2023.2210450

A. Foerster, M. Spencer

{"title":"Corporate net zero pledges: a triumph of private climate regulation or more greenwash?","authors":"A. Foerster, M. Spencer","doi":"10.1080/10383441.2023.2210450","DOIUrl":"https://doi.org/10.1080/10383441.2023.2210450","url":null,"abstract":"ABSTRACT Corporate pledges to achieve net zero greenhouse gas emissions in line with the international Paris Agreement on climate change are proliferating around the world, including in Australia. Regulatory drivers include corporate law obligations to identify, disclose and manage climate-related financial risks, as well as a complex web of rapidly developing private regulatory initiatives. Non-state actors such as institutional investors, industry bodies and civil society, are increasingly involved in developing best practice standards for climate risk disclosure and management, engaging with companies to drive their uptake, and in some cases, litigating to embed best practice expectations and hold companies accountable for their climate commitments and performance. Although underlying corporate law obligations are climate-neutral and focus on transparency and process, the associated private climate regulation is increasingly organised around substantive Paris-aligned standards. Drawing on an empirical study of large Australian listed companies, this article explores whether private climate regulation is helping to drive robust corporate climate commitments, target-setting and associated activities, which have the potential to deliver real-world emissions reductions.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44576658","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}

引用次数: 1

Tax and Government in the 21st Century 21世纪的税收与政府

IF 1.2

Griffith Law Review Pub Date : 2023-01-02 DOI: 10.1080/10383441.2023.2188012

Judith E Grbich

引用次数: 0

Veteran perceptions of pathways to offending: ex-Australian Defence Force personnel in South Australian prisons 退伍军人对犯罪途径的看法：南澳大利亚监狱中的前澳大利亚国防军人员

IF 1.2

Griffith Law Review Pub Date : 2023-01-02 DOI: 10.1080/10383441.2023.2188014

Kellie Toole, Elaine Waddell

引用次数: 0

Power relations through the market: a Foucauldian critique of the competition law in Iran 通过市场的权力关系:福柯式的对伊朗竞争法的批判

IF 1.2

Griffith Law Review Pub Date : 2023-01-02 DOI: 10.1080/10383441.2023.2167543

Matin Pedram

{"title":"Power relations through the market: a Foucauldian critique of the competition law in Iran","authors":"Matin Pedram","doi":"10.1080/10383441.2023.2167543","DOIUrl":"https://doi.org/10.1080/10383441.2023.2167543","url":null,"abstract":"ABSTRACT In Foucault’s narrative, neoliberalism is a rationale to delimit government power through certain actions called governmentalisation. This does not mean that individuals are exposed to a despotic state, but a government that warrants laissez-faire and controls through liberty. Central to this act of government is the market in which individuals can freely transact, provided that their conducts comply with the determined disciplines. Governmentality highlights that competition in the market preserves and protects individuals’ interests. However, governmentalisation in developing countries is encapsulated in the concept of good governance. In this case, these governments are encouraged to privatise state-owned enterprises to guarantee a free market while casting off ambitious welfare projects. Iran’s government implemented pseudo neoliberal policies to purportedly unlock the market, while the government is disinclined to lose its authority. This article considers Foucault’s view on governmentality to indicate how Iran’s government governmentalised the market and used competition law to maintain market power. It is argued that Iran’s act of government was a failed project in terms of providing individuals’ freedom while it strengthened well-connected firms.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41469716","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}

引用次数: 0