Griffith Law Review最新文献

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Imposing fees for police services in Australia 对澳大利亚的警察服务征收费用
IF 1.2
Griffith Law Review Pub Date : 2021-04-03 DOI: 10.1080/10383441.2021.1895546
C. Dellora, Luke Beck
{"title":"Imposing fees for police services in Australia","authors":"C. Dellora, Luke Beck","doi":"10.1080/10383441.2021.1895546","DOIUrl":"https://doi.org/10.1080/10383441.2021.1895546","url":null,"abstract":"ABSTRACT This article presents the first comprehensive overview and analysis of the Australian law and practice of imposing fees for unrequested police services. It acts on Lippert and Walby’s recent call for scholarly analysis of user-pays policing ‘to break free of standard disciplinary confines’. One aim of this paper therefore is to start filling this gap in the literature by giving more prominence to substantive legal analyses of user-pays policing. The purpose of this article is both practical and analytical. The practical purpose of this article is to contribute to the literature by providing a detailed examination of the legal framework for imposing fees for unrequested police services in Australia. The analytical purpose of this article is two-fold: to isolate imposing fees for police services as a distinct category of user-pays policing and to critically evaluate the practice of imposing fees for police services in one Australian jurisdiction as a case study.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10383441.2021.1895546","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45760223","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
‘The machine runs itself’: law is technology and Australian embryo and human cloning law “机器自己运行”:法律就是技术,澳大利亚胚胎和人类克隆法
IF 1.2
Griffith Law Review Pub Date : 2021-04-03 DOI: 10.1080/10383441.2021.1901356
Vincent Goding, Kieran Tranter
{"title":"‘The machine runs itself’: law is technology and Australian embryo and human cloning law","authors":"Vincent Goding, Kieran Tranter","doi":"10.1080/10383441.2021.1901356","DOIUrl":"https://doi.org/10.1080/10383441.2021.1901356","url":null,"abstract":"ABSTRACT Technology law scholarship has a tendency towards the dramatic. Technology causes disruption. Law must catch-up; it must ensure potential benefits from technology and avoid potential harms. There are even concerns that law, as an organiser of human life, is itself becoming eclipsed by forms of technological management. What is often not focused on is the practical process through which concerns about technology become transmuted into legal forms within specific jurisdictions. This paper examines the 23 years of Australian law concerning embryos and human cloning. Inspired by Carl Schmitt’s criticism of modernity’s political institutions and the laws they produce, what is identified is a machine that runs itself. It is shown to be a highly automated process whereby technical experts manage competing values. Rather than law regulating technology or technology regulating law; the Australian study suggests that law and its making, is technological.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10383441.2021.1901356","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47493943","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
Researching forensic linguistics: approaches and applications 研究法律语言学:方法和应用
IF 1.2
Griffith Law Review Pub Date : 2021-01-02 DOI: 10.1080/10383441.2021.1899884
Gareth Lloyd
{"title":"Researching forensic linguistics: approaches and applications","authors":"Gareth Lloyd","doi":"10.1080/10383441.2021.1899884","DOIUrl":"https://doi.org/10.1080/10383441.2021.1899884","url":null,"abstract":"‘Law is an overwhelmingly linguistic institution’1 and forensic linguistics helps with overcoming language-based discrimination, injustice, and poor practices in the law. As a speech pathologist, I...","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10383441.2021.1899884","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59721403","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
Not Islamic enough?: Bangla, Blasphemy and the law in Pakistan 不够伊斯兰?孟加拉国,巴基斯坦的亵渎和法律
IF 1.2
Griffith Law Review Pub Date : 2021-01-02 DOI: 10.1080/10383441.2021.1996884
Imran Ahmed
{"title":"Not Islamic enough?: Bangla, Blasphemy and the law in Pakistan","authors":"Imran Ahmed","doi":"10.1080/10383441.2021.1996884","DOIUrl":"https://doi.org/10.1080/10383441.2021.1996884","url":null,"abstract":"ABSTRACT What do language policy in Pakistan and the drive to Islamise the state have in common? In the wake of independence, Pakistan emerged as a state striving to create a nation and it looked both to language and religion in search of constructing its Islamic national identity. This paper looks at the darker side of the nation-building process in the country, with a specific focus on the role of language in the struggle to purify Pakistan of its un-Islamic elements and at the shifting nature on the discourse of Islamic nationhood in the country. In particular, it spotlights how politics and law function not only to determine what constitutes an Islamic language and blasphemous speech but, in doing so, also construct the Islamic nation and its ‘Other’.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48082603","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
Communication and human rights within speech pathology 语言病理学中的交流与人权
IF 1.2
Griffith Law Review Pub Date : 2021-01-02 DOI: 10.1080/10383441.2021.1932646
B. Mitchell
{"title":"Communication and human rights within speech pathology","authors":"B. Mitchell","doi":"10.1080/10383441.2021.1932646","DOIUrl":"https://doi.org/10.1080/10383441.2021.1932646","url":null,"abstract":"On 1 January 2020, the Human Rights Act 2019 (Qld) (the Act) will commence. It will bind all persons, including the State and to a lesser extent the Commonwealth. It took us 70 years after the 1948 Universal Declaration of Human Rights to legislate in Queensland. We join the ACT and Victoria as the third Australian jurisdiction to protect human rights. The Universal Declaration was born out of the atrocities of the World Wars and was the first truly global human rights document. It is a common standard of achievements and aspirations for all peoples and all nations. It set out the fundamental human rights to be universally protected. The Queensland Act draws on the Universal Declaration and other instruments for its content. It begins by noting that ‘Human rights are essential in a democratic and inclusive society that respects the rule of law.’ The Act cautions that human rights should be limited only after careful consideration, and only where justifiable in a free and democratic society based on human dignity, equality, freedom and the rule of law. Section 3 sets out three main objects, which are like strategic goals:","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10383441.2021.1932646","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48449501","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
Shallow equality and symbolic jurisprudence in multilingual legal orders 多语言法律秩序中的浅平等与象征法学
IF 1.2
Griffith Law Review Pub Date : 2021-01-02 DOI: 10.1080/10383441.2021.1899885
Ana Sofia Bruzon
{"title":"Shallow equality and symbolic jurisprudence in multilingual legal orders","authors":"Ana Sofia Bruzon","doi":"10.1080/10383441.2021.1899885","DOIUrl":"https://doi.org/10.1080/10383441.2021.1899885","url":null,"abstract":"Janny Leung is a gifted writer and an avid observer of international legal orders. She is an expert in the field of linguistic justice and has conducted substantial research on challenges in multil...","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10383441.2021.1899885","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43980618","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
Judicial reliance on the executive: tensions, discrepancies and recommendations for court interpreter service delivery models across Australian jurisdictions 司法对行政的依赖:澳大利亚司法管辖区法院口译服务交付模式的紧张、差异和建议
IF 1.2
Griffith Law Review Pub Date : 2021-01-02 DOI: 10.1080/10383441.2021.2014773
Benjamin K. Grimes
{"title":"Judicial reliance on the executive: tensions, discrepancies and recommendations for court interpreter service delivery models across Australian jurisdictions","authors":"Benjamin K. Grimes","doi":"10.1080/10383441.2021.2014773","DOIUrl":"https://doi.org/10.1080/10383441.2021.2014773","url":null,"abstract":"ABSTRACT In the past decade, there has been noticeable improvement in judicial attention and attitudes towards court interpreters, reflected in the implementation of various court interpreter protocols and the Recommended National Standards for Interpreters in Courts and Tribunals. However, this article identifies a number of discrepancies and gaps that still exist in the court interpreting framework in Australia. There are discrepancies across jurisdictions in the types of matters for which the court takes responsibility for engaging and paying for interpreters, and significantly different service delivery models for the funding, recruitment, training and coordination of interpreters. This study found a correlation between jurisdictions with centralised interpreting agencies and streamlined funding with courts who are more generous in their provision of interpreters and willingness to engage in innovative approaches such as the Northern Territory duty interpreter system. The article identifies service delivery frameworks which are more likely to enhance consistency and competence in court interpreters, concluding that centralised and government-funded agencies are more appropriate than small private for-profit agencies. The issues identified in relation to service delivery models illustrate judicial reliance on the executive branch of government to ensure a fair trial through the provision of interpreters. There are, however, immediate steps available to the judiciary such as a collection of data and implementation of small-scale duty interpreting, which are likely to precipitate more appropriate executive government policy responses to legal interpreting.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42845705","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
Expanding the law’s vocabulary – Indigenous-language legislation and multilingual treaty interpretation 扩大法律词汇——土著语言立法和多语言条约解释
IF 1.2
Griffith Law Review Pub Date : 2021-01-02 DOI: 10.1080/10383441.2021.1895469
J. Murphy
{"title":"Expanding the law’s vocabulary – Indigenous-language legislation and multilingual treaty interpretation","authors":"J. Murphy","doi":"10.1080/10383441.2021.1895469","DOIUrl":"https://doi.org/10.1080/10383441.2021.1895469","url":null,"abstract":"ABSTRACT Although not widely publicized or studied, Australian parliaments are increasingly breaking new ground in enacting statutory text in Indigenous languages. There are important public discussions to be had about the symbolic significance of this process and the practical benefits it may reap for language preservation. This article looks at a more technical, but no less important, issue: how Indigenous language statutory text is to be interpreted by English-speaking courts. This issue demands urgent resolution so that interpretative anxieties do not deter continued progress in this field. The potential resolution suggested by this article is that Indigenous language statutory text be interpreted using the same principles applied to non-English treaties. A worked example illustrates how this interpretative approach might work in practice.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10383441.2021.1895469","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47728250","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
Explaining the right to silence under Anunga: 40 years of a policy about language 解释阿农加统治下的沉默权:40年的语言政策
IF 1.2
Griffith Law Review Pub Date : 2021-01-02 DOI: 10.1080/10383441.2021.2003938
A. Bowen
{"title":"Explaining the right to silence under Anunga: 40 years of a policy about language","authors":"A. Bowen","doi":"10.1080/10383441.2021.2003938","DOIUrl":"https://doi.org/10.1080/10383441.2021.2003938","url":null,"abstract":"ABSTRACT It has long been recognised that the right to silence ‘caution’ is difficult to communicate, particularly with some Aboriginal suspects. In a landmark 1976 decision Anunga, the Northern Territory Supreme Court provided guidelines about how police should explain the caution to Aboriginal suspects. As a result, cautions often develop into conversations where police explain the right and test understanding of it. The caution has also been translated into Aboriginal languages, revealing further understandings of its meaning. However, despite strenuous attempts to communicate the caution, it remains confusing for some people. This article reports on linguistic analysis of actual language used to talk about the caution, identifying several ways that communication fails, and revealing more questions than answers about what the caution means. It then argues that policies underlying the caution, and the history of the caution text, are not clear enough to resolve questions about what the caution is supposed to mean and achieve. The caution policy unfortunately creates the appearance of fairness while systematically disadvantaging some Aboriginal (and other) suspects who are partial speakers of standard English and/or not familiar with settler Australian legal culture.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47919898","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
Linguistic diversity as a challenge and an opportunity for improved legal policy 语言多样性是改进法律政策的挑战和机遇
IF 1.2
Griffith Law Review Pub Date : 2021-01-02 DOI: 10.1080/10383441.2021.1996883
A. Grey, L. Smith-Khan
{"title":"Linguistic diversity as a challenge and an opportunity for improved legal policy","authors":"A. Grey, L. Smith-Khan","doi":"10.1080/10383441.2021.1996883","DOIUrl":"https://doi.org/10.1080/10383441.2021.1996883","url":null,"abstract":"ABSTRACT This article introduces this Themed Issue, Linguistic Diversity as a Challenge to Legal Policy, and reports a small, peer-reviewed study of the integration of research about language issues in legal contexts in Australian legal education. The article explains that interdisciplinary law and linguistics research has emerged to better understand potential inequalities and injustices. This research speaks to concerns shared across many legal systems because both multilingualism and inter-lingual prejudice are common phenomena across nations. The Themed Issue's eleven contributions draw scholarly attention to specific, current problems in legal contexts which relate to language practices and/or policies about language, arranged around the familiar three branches of the state (legislature, executive, judiciary). The Themed Issue is aimed at endowing readers with motivation and basic knowledge to tread new, language-aware routes towards solutions based on collaborative research and policy reform. In regards to integrating such research into legal education, our NSW and ACT study found few course offerings which focus on an intersection of linguistic and legal scholarship. We therefore suggest the development of electives or the inclusion of such material in core subjects (timely given the ‘Priestly 11’ compulsory subjects are under review at the time of writing).","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44267791","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
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