Griffith Law Review最新文献_第4页

IF 1.2

Griffith Law Review Pub Date : 2022-07-03 DOI: 10.1080/10383441.2022.2096968

M. Worthington

{"title":"Legal personality as licence","authors":"M. Worthington","doi":"10.1080/10383441.2022.2096968","DOIUrl":"https://doi.org/10.1080/10383441.2022.2096968","url":null,"abstract":"ABSTRACT This article extends discussion of the recently introduced licence theory of legal personality to the two remaining categories of legal personality available under Australian law, namely, Natural Legal Personality and Bodies Politic. The licence theory conceives of legal personality as designated legal functions, grouped together for nominated purposes. More particularly, it conceives of legal personality as a licensing system, whereby legal personality is granted by the State subject to various nominated conditions. These conditions reflect the overarching purpose behind the grant of legal personality, and may be organised into three general categories: Capability Conditions; Public Interest Conditions; and Use Conditions. According to the licence theory, in forming an understanding of legal personality it is necessary to consider the following design factors: i) the means by which a particular legal person is activated; ii) the purpose underwriting the grant of legal personality by the State; iii) legal capacities and obligations; and iv) the various different conditions operative in relation to the grant of a particular class of legal personality. In this article, these four factors are applied and considered in relation to both Natural Legal Personality and the Commonwealth of Australia (being the pre-eminent manifestation of the Body Politic).","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":"41965531","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

Murderesses, monsters and madwomen: gender performance and the assessment of queer culpability in the Australian legal imagining 杀人犯、怪物和疯女人:性别表现和澳大利亚法律想象中的酷儿罪责评估

IF 1.2

Griffith Law Review Pub Date : 2022-04-03 DOI: 10.1080/10383441.2022.2076968

Tegan Evans

{"title":"Murderesses, monsters and madwomen: gender performance and the assessment of queer culpability in the Australian legal imagining","authors":"Tegan Evans","doi":"10.1080/10383441.2022.2076968","DOIUrl":"https://doi.org/10.1080/10383441.2022.2076968","url":null,"abstract":"ABSTRACT The socio-legal tendency to categorise female killers as either ‘mad’, ‘sad’ ‘bad’ has been recognised as reflective of narrow notions of women’s capacity for violence. If women only kill due to insanity, or as the result of prior victimisation (the ‘mad’ and ‘sad’), then those who fall outside this narrative (the ‘bad’) risk legal and popular characterisation as non-women and even non-human. I consider the role of gender performance in which of these narratives are imposed upon a defendant and suggest that queer women are particularly susceptible to framing as monstrous due to their transgression of gender norms. This article will focus on the murders of Edward Baldock and Stacey Mitchell, both killed by lesbian couples in Australia in 1989 and 2006 respectively. Despite the intervening years, the defendants in both were characterised as vampiric in court and the news media, to the exclusion of relevant evidence of mental illness. I will examine this discursive and textual construction of the lesbian offender through Julie Kristeva’s theory of abjection and explore how the creation of a legal monster justifies, and indeed necessitates, its expulsion from society, leading to harsher punishment for lesbian defendants.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42106895","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

Worker exploitation in the Australian gig economy: emerging mechanisms of social control 澳大利亚零工经济中的工人剥削：新兴的社会控制机制

IF 1.2

Griffith Law Review Pub Date : 2022-04-03 DOI: 10.1080/10383441.2022.2076036

Marinella Marmo, Elvio Anthony Sinopoli, Sanzhuan Guo

引用次数: 0

Material vulnerabilities and interspecies relationalities: a critical appraisal of the legal status of animals in disasters 物质脆弱性和物种间关系:对灾害中动物法律地位的批判性评估

IF 1.2

Griffith Law Review Pub Date : 2022-04-03 DOI: 10.1080/10383441.2022.2092701

Ashleigh P. A. Best

{"title":"Material vulnerabilities and interspecies relationalities: a critical appraisal of the legal status of animals in disasters","authors":"Ashleigh P. A. Best","doi":"10.1080/10383441.2022.2092701","DOIUrl":"https://doi.org/10.1080/10383441.2022.2092701","url":null,"abstract":"ABSTRACT As liminal, exigent moments in time, disasters cast light on the significance of animals’ relationships with humans. Through their materialisation, human–animal relations are revealed as taking myriad forms: loyal, neglectful, salutary, harmful, benevolent, deleterious. This article examines how a pervasive failure by the Western legal imaginary to acknowledge and account for the relational aspects of animals’ lives amplifies their susceptibility to harm during disasters. To this end, the article analyses two major dimensions of animals’ legal status: their status as property; and statutory provisions governing animal welfare and wildlife habitat. It consults three temporally and geographically disparate disasters which affected jurisdictions within the Western legal tradition, namely Hurricane Katrina, the Victorian Black Saturday Bushfires and New Zealand’s Canterbury Earthquakes, to scrutinise how each dimension of animals’ legal status aggravates their vulnerability to the adverse effects of hazards. Drawing from critical literatures which foreground and fault Western law’s inattention to the nonhuman material world, the article attributes this condition to an ingrained feature of animals’ legal status: that it overlooks the determinative role played by animals’ relationships with humans in securing or compromising their wellbeing and survival during disasters.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43294111","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

‘Incremental and cumulative’: Griffiths and the limitations of the Native Title Act 1993 (Cth) in dealing with compensation for cultural loss “增量和累积”:格里菲斯和1993年《土著所有权法》(Cth)在处理文化损失补偿方面的局限性

IF 1.2

Griffith Law Review Pub Date : 2022-04-03 DOI: 10.1080/10383441.2022.2073109

Michael Raine

引用次数: 0

Intergenerational care and judg(e)ment in a time of climate change 气候变化时代的代际关怀和判断

IF 1.2

Griffith Law Review Pub Date : 2022-04-03 DOI: 10.1080/10383441.2022.2095804

N. Rogers

引用次数: 0

Studying while Muslim: anti-discrimination law, countering violent extremism, and suspect youth 一边做穆斯林一边学习:反歧视法、打击暴力极端主义和可疑青年

IF 1.2

Griffith Law Review Pub Date : 2022-04-03 DOI: 10.1080/10383441.2022.2076967

Mareike Riedel

{"title":"Studying while Muslim: anti-discrimination law, countering violent extremism, and suspect youth","authors":"Mareike Riedel","doi":"10.1080/10383441.2022.2076967","DOIUrl":"https://doi.org/10.1080/10383441.2022.2076967","url":null,"abstract":"ABSTRACT As part of the global War on Terror, governments, including in Australia, have increasingly encouraged teachers to spot students ‘at risk’ of radicalisation, thereby turning schools into sites of surveillance. Despite their important intended goal, these programs have been criticised for leading to over-reporting, misinterpretation, and the stigmatisation of Muslim students who have been disproportionately affected by such surveillance practices. In a climate of Islamophobic suspicion that constructs Muslims as ‘potential terrorists’, such outcomes are not surprising, leaving young Muslims vulnerable to discrimination and stereotyping. This article provides a critical reading of Complainant 201822 v Australian Capital Territory (Represented by the Education Directorate) concerning a young Muslim student who was wrongly reported by his school to public authorities due to his supposedly suspicious behaviour. Using the decision as a case study, the article discusses how young Australian Muslims have been caught in a vicious cycle in which anti-terror laws, policing, and surveillance foster their stereotyping as ‘potential terrorists’. At the same time, the decision illustrates how the law offers little protection against the significant harms caused by this manifestation of systemic Islamophobia.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41272934","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

Tortious discipline 保守的纪律

IF 1.2

Griffith Law Review Pub Date : 2022-04-03 DOI: 10.1080/10383441.2022.2085419

Stephen M. Young

引用次数: 0

Playing to the gallery: the invocation of human rights, legal actors, and outside audiences in debates on roadside drug testing in the Australian Capital Territory 在画廊播放：在澳大利亚首都地区关于路边毒品检测的辩论中，人权、法律行为者和外部观众的呼吁

IF 1.2

Griffith Law Review Pub Date : 2022-04-03 DOI: 10.1080/10383441.2022.2082697

S. Mulcahy, Kate Seear

{"title":"Playing to the gallery: the invocation of human rights, legal actors, and outside audiences in debates on roadside drug testing in the Australian Capital Territory","authors":"S. Mulcahy, Kate Seear","doi":"10.1080/10383441.2022.2082697","DOIUrl":"https://doi.org/10.1080/10383441.2022.2082697","url":null,"abstract":"ABSTRACT Roadside drug testing (‘RDT’) was introduced in the Australian Capital Territory (‘ACT’) through a private member’s Bill that was fiercely debated in the ACT parliament. It was the first RDT scheme in Australia subject to human rights scrutiny, and thus parliamentarians had to weigh road safety arguments against human rights considerations in determining whether the proposed measures were proportionate. This paper focuses on the debate over RDT in the ACT parliament, how human rights and safety concerns figure, and how legal actors and ‘outside audiences’ are invoked. The debate was marked by frequent appeals to family members present in the public gallery and legal actors such as the Chief Police Officer, the Human Rights Commissioner, and socio-legal experts outside the chamber. Drawing from cultural legal studies scholarship on legal insiders and outside audiences in legal proceedings, this paper analyses how these stakeholders figure in human rights debates on RDT, and with what effects. The paper argues that the invocation of outside audiences reflects what Crawley and Tranter term ‘a need to bring the human back’ but cautions that this humanising process only brings some humans in, and therefore connects human rights to only certain human lives in certain ways.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47636845","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: 3

Administrative justice theory and benchmarks in mandatory immigration detention: principled tensions or power imbalance? 强制移民拘留的行政司法理论与基准:原则紧张还是权力失衡?

IF 1.2

Griffith Law Review Pub Date : 2022-01-02 DOI: 10.1080/10383441.2022.2054574

A. Elton

{"title":"Administrative justice theory and benchmarks in mandatory immigration detention: principled tensions or power imbalance?","authors":"A. Elton","doi":"10.1080/10383441.2022.2054574","DOIUrl":"https://doi.org/10.1080/10383441.2022.2054574","url":null,"abstract":"ABSTRACT The controversial mandatory immigration detention framework in Australia restricts individual freedoms in the most fundamental way and warrants close scrutiny. This article takes a pre-formulated theory of administrative justice as a lens to consider law-making and decision-making in mandatory detention cases where people sought asylum in Australia without a valid visa. In so doing, the article takes novel steps beyond defining the concept of administrative justice to applying a comprehensive administrative justice theory to this particular Australian setting. It provides a basis for analysing the limitations of the mandatory detention framework from a normative legal perspective and highlights areas of concern that are ripe for reform in the delivery of administrative justice. The article proposes a set of normative benchmarks that are founded on four administrative justice themes: the proper exercise of power, equal treatment, due process, and accessibility. These immigration detention-specific benchmarks are drawn from domestic law and policy, international law and literature in public administration and human rights. The article then analyses overseer recommendations, law reform reports and scholarly material to reveal the extent to which immigration detention practices meet normative administrative justice values. The article analyses how power imbalances destabilise the principled tensions that should exist between administrative justice properties and the subsequent effect that such imbalances have on those subject to mandatory immigration detention. This article proves that administrative justice theory provides a suitable lens for normative analysis of a public law system and emphasises the need for principled tensions between administrative justice properties.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46825555","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