Griffith Law Review最新文献_第5页

Restoration to practice of health practitioners removed for serious sexual misconduct: evaluating public confidence and assessing risk 因严重性行为不端而被撤职的医务人员恢复工作:评估公众信心和评估风险

IF 1.2

Griffith Law Review Pub Date : 2022-01-02 DOI: 10.1080/10383441.2022.2060651

J. Millbank

引用次数: 1

Who is an officer of a corporation? Australia and the United States Compared 谁是公司的高级职员？澳大利亚和美国的比较

IF 1.2

Griffith Law Review Pub Date : 2022-01-02 DOI: 10.1080/10383441.2022.2031525

Weiping He

引用次数: 0

Conceptualising domestic servitude as a violation of the human right to housing and reframing Australian policy responses 将家庭奴役概念化为对住房人权的侵犯，并重新制定澳大利亚的政策反应

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Griffith Law Review Pub Date : 2022-01-02 DOI: 10.1080/10383441.2022.2060650

Jessie Hohmann

{"title":"Conceptualising domestic servitude as a violation of the human right to housing and reframing Australian policy responses","authors":"Jessie Hohmann","doi":"10.1080/10383441.2022.2060650","DOIUrl":"https://doi.org/10.1080/10383441.2022.2060650","url":null,"abstract":"ABSTRACT This article makes a twofold contribution to a human rights-centred response to domestic servitude as a modern form of slavery. First, it offers a conceptualisation of domestic servitude as a comprehensive and specific violation of the human right to housing, based on a reading of the right to housing as sitting at a crucial juncture of the public and private. Victims of domestic servitude experience a violation of the right to housing, the nature of which strikingly demonstrates both how housing sits at the nexus of the public and the private; and that the enjoyment of rights in both those spheres is crucial to a person’s experience of dignity, peace and security. This conceptualisation deepens our understanding of the right to housing, and the condition of domestic servitude as a violation of human rights. This article’s second aim is to demonstrate how the commitment to fulfilling the human right to housing underpins a better policy response to modern slavery in Australia. It opens a conversation on how a social rights-based response is one that would better serve victim/survivors, offering a more meaningful and targeted response to the harms they suffer.","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":"41339590","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

Building towards best practice for governments’ public communications in languages other than English: a case study of New South Wales, Australia 构建政府非英语公共沟通的最佳实践:以澳大利亚新南威尔士州为例

IF 1.2

Griffith Law Review Pub Date : 2022-01-02 DOI: 10.1080/10383441.2022.2031526

A. Grey, Alyssa A. Severin

{"title":"Building towards best practice for governments’ public communications in languages other than English: a case study of New South Wales, Australia","authors":"A. Grey, Alyssa A. Severin","doi":"10.1080/10383441.2022.2031526","DOIUrl":"https://doi.org/10.1080/10383441.2022.2031526","url":null,"abstract":"ABSTRACT Through NSW’s recent run of bushfires and COVID-19, the importance of government communications reaching the whole public has become increasingly obvious. Other Australian governments, and governments worldwide, face similar challenges. Linguistic exclusion from government communications can create real dangers to individuals and communities and push people towards misinformation. It is a fundamental problem for societies founded on principles of equality, responsible government, and equal civic participation. Yet official government communications practices in languages other than English (LOTEs) are rarely studied. This socio-legal study brings both visibility and an analytic critique to the NSW Government’s public communications practices, building on the authors’ prior analysis of the underlying laws and policies in this journal. This empirical examination of web-based communications from 28 departments and agencies identifies real problems, even though the NSW Government makes some effort to publicly communicate in LOTEs: we found no consistency or predictability across websites in relation to the range of LOTEs used, the amount of LOTE content produced, or the steps by which it could be accessed. The study raises serious concerns about the government’s responsiveness to, representation of, and accountability to NSW’s highly multilingual public, and bolsters the call for more informed and strategic communications policy.","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":"44539750","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

The festival as constitutional event and as jurisdictional encounter: colonial Victoria and the Independent Order of Black Fellows 作为宪法事件和管辖权遭遇的节日：殖民地维多利亚和黑人研究员独立骑士团

IF 1.2

Griffith Law Review Pub Date : 2021-10-02 DOI: 10.1080/10383441.2021.2016047

S. Chalmers

{"title":"The festival as constitutional event and as jurisdictional encounter: colonial Victoria and the Independent Order of Black Fellows","authors":"S. Chalmers","doi":"10.1080/10383441.2021.2016047","DOIUrl":"https://doi.org/10.1080/10383441.2021.2016047","url":null,"abstract":"ABSTRACT The year 2020 marked the first meeting between an Australian government – the Government of Victoria – and First Nations in a treaty-making process. Given the importance of this, it is timely to recall a moment when another opportunity to meet was missed. That moment was a foundational one for the nascent colonial state: a public festival held in 1850 to celebrate the inauguration of the Colony of Victoria. There are two aspects to this festival that are of interest here. The first is how it was a ‘constitutional’ event involving an act of jurisdiction that gave shape to the lawful authority of the colonists, to the legal subjectivity of Aboriginal peoples, and to legal relations between the Colony and First Nations. The second aspect, implicit in the first, is how the festival was also an ‘international’ meeting, which the colonists failed to attend. As the article shows, these two aspects – the festival as constitutional event and as jurisdictional encounter – are inseparable, the success of the former being integral to the failure of the latter. And it is this failure that the colonial state must still contend with as it begins treaty negotiations almost two centuries later.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46015051","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

Cashless welfare transfers and Australia’s First Nations: redemptive or repressive violence? 无现金福利转移和澳大利亚的原住民：救赎还是镇压暴力？

IF 1.2

Griffith Law Review Pub Date : 2021-10-02 DOI: 10.1080/10383441.2021.1996891

S. Bielefeld

{"title":"Cashless welfare transfers and Australia’s First Nations: redemptive or repressive violence?","authors":"S. Bielefeld","doi":"10.1080/10383441.2021.1996891","DOIUrl":"https://doi.org/10.1080/10383441.2021.1996891","url":null,"abstract":"ABSTRACT The Australian Federal Government claims that the Cashless Debit Card (CDC) is a necessary ‘support’ that generates positive outcomes. Despite contrary evidence revealed through independent research and problems with the scheme also apparent in government-commissioned research, the dominant political narrative accompanying the CDC remains intractable. The CDC has been characterised by elites as helpful ‘practical love’ for those in need of government income support. However, many of those with lived experience of the CDC report that the scheme imposes difficulties with basic bill payment, undermines sound financial management, and stigmatises cardholders. The majority of Aboriginal and Torres Strait Islander organisations who have gone on the public record strongly condemn the scheme in its compulsory iteration, as do prominent First Nations Senators. Taking these issues into consideration, this article examines whether the CDC is best characterised as ‘redemptive’ or ‘repressive violence’. In doing so, it reflects on colonial conceptions of ‘care’, which are deeply paternalistic, and contrasts this with an approach that promotes self-determination and autonomy. This analysis is situated in the context of neoliberal marketisation of welfare state practices, where heavy handed regulatory frameworks have proven lucrative for industry interests.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41906731","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

Munday v Gill revisited: rethinking the summary jurisdiction Munday诉Gill案重审：对简易管辖权的反思

IF 1.2

Griffith Law Review Pub Date : 2021-10-02 DOI: 10.1080/10383441.2021.1996890

T. Mitchell

{"title":"Munday v Gill revisited: rethinking the summary jurisdiction","authors":"T. Mitchell","doi":"10.1080/10383441.2021.1996890","DOIUrl":"https://doi.org/10.1080/10383441.2021.1996890","url":null,"abstract":"ABSTRACT Even though approximately 97% of criminal offences are finalised in the summary jurisdiction, the High Court has only considered the nature of summary jurisdiction once: in 1930 in Munday v Gill. In that case, Isaacs CJ and Dixon J provided different characterisations of the summary jurisdiction. According to Dixon J, in the majority, in the summary jurisdiction efficiency may be prioritised over strict adherence to common law protections of the accused because it deals with minor criminal matters that are between subject and subject. In dissent, Isaacs CJ characterised summary criminal matters as between the Crown and subject, arguing that common law protections are as important in the summary jurisdiction as in the higher courts. Dixon J’s judgment is still cited as an accurate characterisation of the summary jurisdiction today, and yet the summary jurisdiction has transformed in the nine decades that have elapsed since the case was decided. This is reason to think Munday v Gill should be revisited. This article offers a critical analysis of the case by placing it in its social and historical context, showing that Isaacs CJ’s characterisation is more relevant today than that of Dixon J. It makes the case that because of this transformation, it is necessary to re-think the nature of a fair trial in the summary jurisdiction.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42056983","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

Responding to anthropocentrism with anthropocentrism: the biopolitics of environmental personhood 以人类中心主义回应人类中心主义：环境人格的生物政治

IF 1.2

Griffith Law Review Pub Date : 2021-07-03 DOI: 10.1080/10383441.2022.2037882

Jade-Ann Reeves, Timothy D. Peters

{"title":"Responding to anthropocentrism with anthropocentrism: the biopolitics of environmental personhood","authors":"Jade-Ann Reeves, Timothy D. Peters","doi":"10.1080/10383441.2022.2037882","DOIUrl":"https://doi.org/10.1080/10383441.2022.2037882","url":null,"abstract":"ABSTRACT This article critically analyses the novelty of the legal personhood of nature and, in particular, whether it signals cracks in the anthropocentrism of Western law. Drawing upon the work of Michel Foucault and Roberto Esposito, it contributes to the theorisation of environmental personhood by focusing on the biopolitical nature of personhood itself. It does so by engaging in a critical examination of the attribution of legal personality to the Whanganui River in Aotearoa New Zealand as the most detailed and sophisticated legislative example to date of legally personifying a natural thing. Working through three key conceptual terms in Foucault’s and Esposito’s work (population, personhood and immunisation), we demonstrate the way in which a biopolitical analysis raises questions about whether ascribing legal personhood to nature addresses anthropocentrism and its effects. We draw attention to the risk of ascribing legal personhood to nature, which is that, instead of signalling an ontological shift in the Western anthropocentric understandings of environment, it operates within and reinforces the dominant legal worldview – unless, that is, the granting of personhood to nature calls into question the dominant paradigm of personhood itself. The article concludes by suggesting alternative ways of developing human understandings of, and relationship with, nature.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41365392","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: 5

Law, language and personhood: disrupting definitions of legal capacity 法律、语言和人格:扰乱法律行为能力的定义

IF 1.2

Griffith Law Review Pub Date : 2021-07-03 DOI: 10.1080/10383441.2022.2035947

Eilionóir Flynn

{"title":"Law, language and personhood: disrupting definitions of legal capacity","authors":"Eilionóir Flynn","doi":"10.1080/10383441.2022.2035947","DOIUrl":"https://doi.org/10.1080/10383441.2022.2035947","url":null,"abstract":"ABSTRACT The negotiation of the United Nations Convention on the Rights of Persons with Disabilities and in particular Article 12 on Equal Recognition Before the Law, has given rise to new understandings, descriptions and definitions of legal personhood. Emerging international jurisprudence has focused on the point at which restrictions on the exercise of legal capacity amount to a violation of an individual’s legal personhood. With this new thinking comes a need for new terminology, but also the risk that new terms may be applied to old concepts without a full understanding of the paradigm shift required. This article will explore the symbolic power of the language governing individuals’ exercise of legal capacity, its relationship to notions of personhood and legal agency and its codification in law. In particular, it will examine the cognitive dissonance often present in domestic laws which purport to implement Article 12, which state their desire to ‘empower’ disabled people and to recognise their personhood, while simultaneously describing how individuals’ legal agency can be restricted or denied. Drawing on ideas of epistemic disruption (Yamin, 2009; Fricker, 2007), this article considers how we might reframe legislative language to better reflect the radical ideology of Article 12.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43927878","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

Active but not independent: the legal personhood of children 积极但不独立:儿童的法律人格

IF 1.2

Griffith Law Review Pub Date : 2021-07-03 DOI: 10.1080/10383441.2021.1996881

Visa A. J. Kurki

{"title":"Active but not independent: the legal personhood of children","authors":"Visa A. J. Kurki","doi":"10.1080/10383441.2021.1996881","DOIUrl":"https://doi.org/10.1080/10383441.2021.1996881","url":null,"abstract":"ABSTRACT This article seeks to contribute to a theoretical framework for understanding the status of children as legal persons in Western legal systems. Analytic legal philosophers have done much work in analysing concepts relevant for understanding the legal status of children. However, they have usually not approached childhood as a topic that warrants investigation in its own right, distinct from both infancy and adulthood. The article presents two main arguments. It will, first, argue against the occasional claim – made especially by some scholars working in the civil-law tradition – that even infants have the legal capacity to bear duties under private law. The article challenges this conception: such duties are borne by the infants’ representatives, and infants should therefore be seen as purely passive legal persons. The article then turns to legal competences held by children. Insufficient attention has been paid to the idiosyncratic features of children’s competences. A new framework is offered, which distinguishes three categories of competences: independent competences, negative competences, and dependent competences. Independent competences enable their holder to effect a legal change that, ordinarily, cannot be prevented by others. The latter two types of competences are particularly relevant in the case of children.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48361707","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