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Do mobile phone bans show that immigration detention is becoming more like prison? 手机禁令是否表明移民拘留正变得越来越像监狱?
IF 1.2
Griffith Law Review Pub Date : 2022-12-20 DOI: 10.1080/10383441.2022.2152603
Louise Boon-Kuo
{"title":"Do mobile phone bans show that immigration detention is becoming more like prison?","authors":"Louise Boon-Kuo","doi":"10.1080/10383441.2022.2152603","DOIUrl":"https://doi.org/10.1080/10383441.2022.2152603","url":null,"abstract":"ABSTRACT The mobile phone enables people to be heard through walls of confinement. During the suspension of visits to immigration detention in the COVID-19 pandemic, mobile phones were a lifeline to family and friends. There is also a long history of people using phones to document and communicate their experience in Australian-run detention to the world. The Australian government’s attempts to ban mobile phones in detention provide a lens, and in this paper, a case study, to explore whether immigration detention in Australia is becoming more like prison. I argue that while the official purpose for detention remains administrative not punitive, the proposed mobile phone bans reveal the changing function of detention in Australian border control. Mobile phone bans show how people in influential roles have reimagined the legal subject of detention from the ‘asylum seeker’ to the ‘migrant criminal’. Proposals to ban mobile phones also convey a transformation in how immigration detention is legally conceived – from a civil space under the supervision of police and the general criminal law to a more segregated space ruled from within. Drawing on scholarship on law, crimmigration, and carcerality, this paper traces how mobile phone bans came to be regarded as the natural next step in detention law-making.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2022-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43663131","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
Regulating disinformation on Twitter and Facebook 监管Twitter和Facebook上的虚假信息
IF 1.2
Griffith Law Review Pub Date : 2022-10-02 DOI: 10.1080/10383441.2022.2138140
Corinne Tan
{"title":"Regulating disinformation on Twitter and Facebook","authors":"Corinne Tan","doi":"10.1080/10383441.2022.2138140","DOIUrl":"https://doi.org/10.1080/10383441.2022.2138140","url":null,"abstract":"ABSTRACT The spread of disinformation in recent years has caused the international community concerns, particularly around its impact on electoral and public health outcomes. When one considers how disinformation can be contained, one often looks to new laws imposing more accountability on prominent social media platforms. While this narrative may be consistent with the fact that the problem of disinformation is exacerbated on social media platforms, it obscures the fact that individual users hold more power than is acknowledged and that shaping user norms should be accorded high priority in the fight against disinformation. In this article, I examine selected legislation implemented to regulate the spread of disinformation online. I also scrutinise two selected social media platforms – Twitter and Facebook – to anchor my discussion. In doing so, I consider what these platforms have done to self and co-regulate. Thereafter, I consider the limitations on regulation posed by certain behavioural norms of users. I argue that shaping user norms lie at the heart of the regulatory approaches discussed and is pivotal to regulating disinformation effectively.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46147791","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
A positive partnership: public servants in ministerial offices 积极的伙伴关系：部长办公室的公务员
IF 1.2
Griffith Law Review Pub Date : 2022-10-02 DOI: 10.1080/10383441.2022.2109326
Lauren Paynter, Yee-Fui Ng
{"title":"A positive partnership: public servants in ministerial offices","authors":"Lauren Paynter, Yee-Fui Ng","doi":"10.1080/10383441.2022.2109326","DOIUrl":"https://doi.org/10.1080/10383441.2022.2109326","url":null,"abstract":"ABSTRACT The Australian system of government was founded on the Westminster tradition, which relies on the binary relationship between Ministers and the Australian Public Service (APS). However, the increasing number of ministerial advisers over the past 40 years has changed the balance of power in the Australian executive. While public servants are able to work in a Minister's office, this article considers whether the movement of public servants between the public service and ministerial offices has the effect of politicising the role of the APS. Based on 22 interviews with current and former Commonwealth Ministers, public servants and ministerial advisers, the authors argue that public servants gaining experience in ministerial offices is beneficial to both the APS and the Minister's office. This is because public servants are exposed to the political side of government which helps improve the output of the department, while the Minister's office gains technical expertise. Despite these benefits, there appears to be fewer public servants working in ministerial offices over recent years. This article considers the benefits of public servants working in a ministerial office, why the movement has reduced, and explores ways in which this can be changed to support the executive governance of Australia.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43203951","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
Judges as myth-busters: a re-examination of jury directions in rape trials 法官是神话克星：对强奸案审判中陪审团指示的重新审视
IF 1.2
Griffith Law Review Pub Date : 2022-10-02 DOI: 10.1080/10383441.2022.2143663
Julia Cooper
{"title":"Judges as myth-busters: a re-examination of jury directions in rape trials","authors":"Julia Cooper","doi":"10.1080/10383441.2022.2143663","DOIUrl":"https://doi.org/10.1080/10383441.2022.2143663","url":null,"abstract":"ABSTRACT The Victorian and New South Wales Law Reform Commissions (‘the Commissions’) have recently heralded jury directions as a solution to ‘counter and correct’ rape myths in the courtroom. The Commissions recommended several new directions and espoused considerable optimism in their power to transform rape trials. These recommendations are driven by an unscrutinised rationalist agenda, which assumes that rape myths can be corrected. In response, this article maps out an empirical and theoretical re-examination of jury directions and their ability to ‘counter’ rape myths. This article draws on the theoretical works of Pierre Bourdieu and Roland Barthes to scrutinise this construction of myths and the assumption underpinning the recommendations. By doing so, this article argues that the confidence espoused by the law reform bodies is misguided.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49577200","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
Sources of Indigenous Fijian ‘law’: village mores versus town-based criminal laws 斐济土著“法律”的来源：乡村习俗与基于城镇的刑法
IF 1.2
Griffith Law Review Pub Date : 2022-09-09 DOI: 10.1080/10383441.2022.2121462
K. James, Henry D. Tuidraki, Anare Tuidraki, Semi Tabaiwalu
{"title":"Sources of Indigenous Fijian ‘law’: village mores versus town-based criminal laws","authors":"K. James, Henry D. Tuidraki, Anare Tuidraki, Semi Tabaiwalu","doi":"10.1080/10383441.2022.2121462","DOIUrl":"https://doi.org/10.1080/10383441.2022.2121462","url":null,"abstract":"ABSTRACT The aim of this article is to reflect on oral history interview data provided by an ex-soccer star who played for Fiji and in what is now the Fiji Premier League, and reconcile his criminal past (according to town-based criminal laws) with his current village assistant headman status. The article compares and contrasts two sources of law – customary Indigenous traditions of rights and responsibilities and town-based criminal laws, which have their origins in British colonial-era laws and are now administered and enforced by the neoliberal Bainimarama government. Because the soccer star’s jewellery store robberies were of Fiji Indian-owned stores, it is difficult for them to penetrate into the world of ‘village-space’, other than as a repressed spectre, since non-Indigenous people cannot live in Indigenous villages. For the Indigenous Fijians, ‘town-space’ is a place for employment, education, venturing out and partying, beyond the gaze of village elders, whereas ‘village-space’ is the ordered space of home and community. ‘Quasi-space’ is here defined as space physically in the town, but when Indigenous people are the only ones present, or a clear majority, some aspects of village understandings can dominate in that space at least for certain time periods and with variable intensity.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2022-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49008951","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
Sovereignty in the Anthropocene 人类世的主权
IF 1.2
Griffith Law Review Pub Date : 2022-07-03 DOI: 10.1080/10383441.2022.2108582
Daniel Matthews, K. Birrell, Timothy Lindgren
{"title":"Sovereignty in the Anthropocene","authors":"Daniel Matthews, K. Birrell, Timothy Lindgren","doi":"10.1080/10383441.2022.2108582","DOIUrl":"https://doi.org/10.1080/10383441.2022.2108582","url":null,"abstract":"ABSTRACT This article is an edited version of a conversation animated by Daniel Matthews’ recent monograph Earthbound: The Aesthetics of Sovereignty in the Anthropocene. We discuss the impetus and context for the book, its contribution to an emergent literature on law and the Anthropocene, and its commentary on the continued relevance of humanistic approaches to law and politics. The conversation traverses a range of concerns raised by Earthbound, such as the politics of place, the nature of community, and the priority of obligations in the ‘age of rights’. Exploring Matthews’ rendering of the ‘aesthetic aspect’ of sovereignty, which contours contemporary approaches to our environmental predicament, we consider the limits and possibilities of the sovereign political form in the context of the climate and ecological crises, and discuss how the Anthropocene might challenge existing approaches to law and the humanities. The interview is preceded by a contextualisation of Matthews’ work within the intellectual reorientations and recalibrations prompted by the Anthropocene, and the broader provocation of the ‘inhumanities’.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45542177","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
An ideological critique of the OECD’s BEPS Action Plan 对经合组织BEPS行动计划的意识形态批判
IF 1.2
Griffith Law Review Pub Date : 2022-07-03 DOI: 10.1080/10383441.2022.2096966
Andrés Blanco
{"title":"An ideological critique of the OECD’s BEPS Action Plan","authors":"Andrés Blanco","doi":"10.1080/10383441.2022.2096966","DOIUrl":"https://doi.org/10.1080/10383441.2022.2096966","url":null,"abstract":"ABSTRACT ‘Ideology' is a central concept in critical approaches to law. After a brief overview of the aspects of ideology, I propose a restricted concept, synonymous with a social discourse that establishes a certain view of social life in order to create, maintain, and consolidate social relationships. I then provide an introduction to the ideological analysis of law, revealing the function of ideology as creator of the beliefs that sustain the legislation and the reproduction of law through adjudication. Based on this, I analyse the BEPS Action Plan of the OECD, and the documents issued to provide rationales for its proposed actions. I thus critically show how a factual context is ideologically created for the BEPS Plan through the distortion or omission of crucial features of the workings of the global capitalist system. That is the case of the defence of the supposedly ‘general and worldwide benefits of globalisation,' the aim of a ‘fair taxation' of multinational enterprises, the omission of direct production activities in the design of a criterion for assigning taxation power, etc. The article also focuses on the role played by the plan’s explanatory documents in the drafting of national legislations and the resolution of judicial disputes","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47069224","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: 2
Learning from the other: Levinas on ethics, discourse and language 向他人学习：列维纳斯关于伦理、话语和语言
IF 1.2
Griffith Law Review Pub Date : 2022-07-03 DOI: 10.1080/10383441.2022.2108975
J. Crowe
{"title":"Learning from the other: Levinas on ethics, discourse and language","authors":"J. Crowe","doi":"10.1080/10383441.2022.2108975","DOIUrl":"https://doi.org/10.1080/10383441.2022.2108975","url":null,"abstract":"ABSTRACT Interpreters of Emmanuel Levinas often note the central role he gives to language in his account of ethical discourse. Levinas himself puts the matter quite strongly, claiming, for example, that ‘[a]bsolute difference … is established only by language’. This aspect of Levinas’s thought has seemed to many readers to rule out the possibility of ethical relations with non-human animals. My aim in this article is to present an alternative reading of Levinas that avoids this implication. I argue that the core emphasis of Levinas’s account lies not on language, but on our capacity to learn from the other. We do this through what I term the second look: we respect [re-specere] the other by letting her teach us, by giving her our undivided attention, by looking at her again. Learning from the other, whether through language or otherwise, creates an ethical conversation that ‘puts in common a world hitherto mine’.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42142198","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
Banksy: culture, counterculture and cancellation 班克西：文化、反主流文化与取消
IF 1.2
Griffith Law Review Pub Date : 2022-07-03 DOI: 10.1080/10383441.2022.2096973
A. Scardamaglia
{"title":"Banksy: culture, counterculture and cancellation","authors":"A. Scardamaglia","doi":"10.1080/10383441.2022.2096973","DOIUrl":"https://doi.org/10.1080/10383441.2022.2096973","url":null,"abstract":"ABSTRACT Banksy has long been the poster boy for the art counterculture. But like most things in the art world, the counterculture has become mainstream, and so has Banksy. Having spent his entire career shunning the intellectual property system, Banksy is now firmly entrenched in it. This article will explore Banksy’s recent trade mark strategy, including his success and his failures in a trilogy of cases heard across Europe. This article will explore the consequences of these decisions for Banksy’s remaining trade mark portfolio and how they may influence his legal strategy, and his art, into the future.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43043906","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
Liberty or protection? Making law for employment and social security 自由还是保护？制定就业和社会保障法
IF 1.2
Griffith Law Review Pub Date : 2022-07-03 DOI: 10.1080/10383441.2022.2096967
C. Arup
{"title":"Liberty or protection? Making law for employment and social security","authors":"C. Arup","doi":"10.1080/10383441.2022.2096967","DOIUrl":"https://doi.org/10.1080/10383441.2022.2096967","url":null,"abstract":"ABSTRACT Recent disruptions to the usual working conditions, such as the pandemic, highlight the insecurity of the minimum waged, casually employed working poor; they also point up the precarity of the heavily indebted, over-worked middle-class. Contrasting the cause of social protection with that of market liberty, this study examines the terms of the security debate to see how the cause of protection seeks to counter the cause of liberty. It reviews three recent regulatory events to see what success the cause of protection has had: the industrial relations reform process, the government response to the COVID-19 pandemic, and the agenda setting for women’s economic security. It notes the reforms that Australia's new Labor government proposes. The study recommends that, if reforms are to be effective, the cause of protection must move beyond the particulars of the labour contract to address the structures of power in the political economy of law making.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42370046","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
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