Griffith Law Review最新文献_第8页

An audit of NSW legislation and policy on the government’s public communications in languages other than English 对新南威尔士州政府以非英语语言进行公共沟通的立法和政策进行审计

IF 1.2

Griffith Law Review Pub Date : 2021-01-02 DOI: 10.1080/10383441.2021.1970873

A. Grey, Alyssa A. Severin

{"title":"An audit of NSW legislation and policy on the government’s public communications in languages other than English","authors":"A. Grey, Alyssa A. Severin","doi":"10.1080/10383441.2021.1970873","DOIUrl":"https://doi.org/10.1080/10383441.2021.1970873","url":null,"abstract":"ABSTRACT This article reports a 2019–2021 audit of the framework of the NSW government's decisions about their public communications in languages other than English (NSW is an Australian state). It found a dearth of legislation or policy about the language of public government communications, but we present a typology of ways in which NSW law seeks to regulate choice of language in other communications between individuals, non-government entities, and government staff. We then discuss the shortfalls of this decision-making framework, interrogating NSW's statutory Multicultural Principle about linguistic diversity and the haphazard ways that NSW legislation requires language of communication to be considered in relation to the likelihood that an intended audience will understand certain communications. We raise concerns about whether the lack of accountability for non-compliance and leaving the majority of public government communications reliant on informal/reactionary policy is suited to equitably fulfilling the needs of the NSW public. The article closes by arguing that consistent and clear policy to guide the NSW government's public communications would enable the government to more readily meet communicative needs. We thus propose paths for law and policy reform as well as directions for further research aimed at improving government decision-making and communicative efficiency.","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":"42436004","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

‘Common language’ and proficiency tests: a critical examination of registration requirements for Australian registered migration agents “共同语言”和能力测试：对澳大利亚注册移民代理注册要求的关键审查

IF 1.2

Griffith Law Review Pub Date : 2021-01-02 DOI: 10.1080/10383441.2021.1900031

L. Smith-Khan

{"title":"‘Common language’ and proficiency tests: a critical examination of registration requirements for Australian registered migration agents","authors":"L. Smith-Khan","doi":"10.1080/10383441.2021.1900031","DOIUrl":"https://doi.org/10.1080/10383441.2021.1900031","url":null,"abstract":"ABSTRACT Registered Migration Agents (RMAs), the practitioners who assist with Australian visa applications and appeals, play a crucial role in navigating these complex legal procedures. RMAs’ registration requirements, including those relating to English language proficiency (ELP), have thus garnered much attention, leading to government-commissioned reviews and inquiries, and amendments to regulations. The most recent changes have attracted scrutiny by the Australian Parliamentary Joint Committee on Human Rights, due to the unequal burden to prove ELP placed on different applicants based on their backgrounds. However, these new requirements ultimately came into force without the government satisfying the Committee that they were human rights-compliant. This article examines the most recent ELP rules for RMAs and the Immigration Minister’s justifications for these. Drawing on sociolinguistic scholarship, it finds that rules requiring general ELP tests, and categorically exempting certain applicants from testing, rely on problematic assumptions about the nature of language, and are therefore unnecessarily discriminatory. Given the government aims to ensure specific communicative competencies within the migration advice setting, the analysis concludes that these specific competencies should be the focus of any required assessment.","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/10.1080/10383441.2021.1900031","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48076148","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: 4

‘That’s not how we speak’: interpreting monolingual ideologies in courtrooms “我们不是这样说话的”：在法庭上解读单语意识形态

IF 1.2

Griffith Law Review Pub Date : 2021-01-02 DOI: 10.1080/10383441.2021.1932234

Jinhyun Cho

{"title":"‘That’s not how we speak’: interpreting monolingual ideologies in courtrooms","authors":"Jinhyun Cho","doi":"10.1080/10383441.2021.1932234","DOIUrl":"https://doi.org/10.1080/10383441.2021.1932234","url":null,"abstract":"ABSTRACT The paper examines the operation and impact of monolingual ideologies relating to English in interpreter-mediated courtrooms in Australia. This is an issue relevant to courts in many geographical places, especially in Anglophone nations with common law systems. Using recurrent thematic analyses, the paper draws on interviews with 36 court interpreters working in Australia. From the perspective of legal interpreters, the paper explores three specific language ideologies linked to a ‘monolingual mindset’ [Michael Clyne (2005) Australia's Language Potential, UNSW Press.] of courtrooms: accent as a key marker of Australian English according to standard language ideologies; monolingual assumptions that there is only one version of each language; and negative perceptions of the bilingual abilities of court participants from minority backgrounds. The findings illustrate the ‘us-them’ distinction as both a cause and an outcome of the perpetuation of monolingual ideologies, which, in turn, feed into the conditions for the production and reproduction of existing power structures and ideological uses of language, with ramifications for the fairness and justice of legal processes. The paper concludes by highlighting the pervasiveness of monolingual ideologies in courtrooms, the need for multilingual and multicultural training of legal professionals and the relevance of collaboration between interpreters and legal professionals to addressing monolingualism in Australian courtrooms.","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/10.1080/10383441.2021.1932234","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49114781","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: 4

Extinction in the anthropocene and moving toward an ethic of responsibility 人类世的灭绝和走向责任伦理

IF 1.2

Griffith Law Review Pub Date : 2020-10-01 DOI: 10.1080/10383441.2020.1924951

Paul J. Govind

{"title":"Extinction in the anthropocene and moving toward an ethic of responsibility","authors":"Paul J. Govind","doi":"10.1080/10383441.2020.1924951","DOIUrl":"https://doi.org/10.1080/10383441.2020.1924951","url":null,"abstract":"ABSTRACT This article addresses extinction and the need for ethical change within our legal system. The article evaluates this issue in the context of law that mediates humanity's use and management of land and by extension the more-than-human species that we share the land with. Humanity frames its relationship with land through property. Whilst land, and the different species, ecosystems and formations that inhabit it represents a physical and material state of being, property exists in a dephysicalised state. Dephysicalisation does not allow humanity to recognise the ontological vulnerability that it is experiencing in concert with the more-than-human species that share the planet and is blinding our legal regimes to the reality of the extinction crisis that is upon us. This is an ethical challenge. I argue that decelerating the extinction crisis in the Anthropocene requires that the exercise of rights is tempered by responsibility. I explain the relationship between dephysical property rights, responsibility and extinction on the backdrop of the Anthropocene using the related concepts of space and place. In contrast to rights that have an abstract and disembodied quality, an ethic of responsibility necessitates that humanity adopt a position where place is mutually constructed by humanity and more-than-human species.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10383441.2020.1924951","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45956410","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

Biodiversity and species extinction: categorisation, calculation, and communication 生物多样性和物种灭绝：分类、计算和交流

IF 1.2

Griffith Law Review Pub Date : 2020-10-01 DOI: 10.1080/10383441.2020.1925204

E. Turnhout, A. Purvis

{"title":"Biodiversity and species extinction: categorisation, calculation, and communication","authors":"E. Turnhout, A. Purvis","doi":"10.1080/10383441.2020.1925204","DOIUrl":"https://doi.org/10.1080/10383441.2020.1925204","url":null,"abstract":"ABSTRACT After the launch of the Global Assessment of the Intergovernmental Platform for Biodiversity and Ecosystem Services (IPBES) in May 2019, the message that 1 million species are threatened with extinction made headlines in news and social media across the world. These headlines also resulted in critical responses that questioned the credibility of this number and – by extension – the Global Assessment report and the institution of IPBES. In this article, we – as two authors of the Global Assessment – draw lessons from the GA about how to represent biodiversity in assessments and how biodiversity knowledge can inform effective and legitimate actions that contribute to conservation as well as equity, justice, and human well-being. Specifically, we highlight the inherent multiplicity of meanings and definitions of biodiversity to reflect on the limitations of using species richness and extinction as proxies for biodiversity and biodiversity loss. It is crucial to communicate clearly and in a balanced way that biodiversity loss is broader than species extinction, and how this broader loss of biodiversity jeopardises human wellbeing irrespective of whether species die out. Consequently, the post-2020 biodiversity framework will require multiple targets around not only species extinction but also broader biodiversity loss and human well-being.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10383441.2020.1925204","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41801571","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: 14

Environmental law’s extinction problem 环境法的灭绝问题

IF 1.2

Griffith Law Review Pub Date : 2020-10-01 DOI: 10.1080/10383441.2020.1940569

Afshin Akhtar-Khavari, M. Lim, K. Woolaston

{"title":"Environmental law’s extinction problem","authors":"Afshin Akhtar-Khavari, M. Lim, K. Woolaston","doi":"10.1080/10383441.2020.1940569","DOIUrl":"https://doi.org/10.1080/10383441.2020.1940569","url":null,"abstract":"ABSTRACT The extinction of species and ecological systems is occurring more quickly than any other time in human history. Our social and cultural institutions and the concepts and framings that underpin them are key contributors to modern extinctions. In this paper we ask how engaging explicitly with extinction enables a critical and hopeful rethinking of environmental law. We explore the potential of this question by summarising and categorising the literature that discusses how extinction provides a useful frame and moral compass for interrogating environmental law rules, systems and ambitions. Through an evaluation of biodiversity-related multilateral environmental agreements we illustrate the potential of our approach. We demonstrate that if law is to effectively address mass extinction then we need to also interrogate the values and worldviews perpetuated by existing and potential future legal instruments. Drawing on the papers from this special issue we argue that there is much scope for scholarship to develop critical and hopeful approaches for environmental law to address the ecological, social and ethical challenges of extinction.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10383441.2020.1940569","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47036937","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

Rivers as living beings: rights in law, but no rights to water? 河流作为生命：法律上的权利，但没有水权？

IF 1.2

Griffith Law Review Pub Date : 2020-10-01 DOI: 10.1080/10383441.2020.1881304

E. O’Donnell

{"title":"Rivers as living beings: rights in law, but no rights to water?","authors":"E. O’Donnell","doi":"10.1080/10383441.2020.1881304","DOIUrl":"https://doi.org/10.1080/10383441.2020.1881304","url":null,"abstract":"ABSTRACT Since 2017, some of the most beloved and iconic rivers in the world have been recognised in law as legal persons and/or living entities, with a range of legal rights and protections. These profound legal changes can transform the relationship between people and rivers, and are the result of ongoing leadership from Indigenous peoples and environmental advocates. This paper uses a comparative analysis of the legal and/or living personhood of rivers and lakes in Aotearoa New Zealand, India, Bangladesh, Colombia to identify the legal status of specific rivers, and highlight the disturbing trend of recognising rivers as legal persons and/or living entities whilst also denying rivers the right to flow. Rather than empowering rivers in law to resist existential threats, the new legal status of rivers may thus make it even more difficult to manage rivers to prevent their degradation and loss. This paper highlights an ‘extinction problem’ for rivers that environmental law has exacerbated, by recognising new non-human living beings whilst simultaneously denying them some of the specific legal rights they need to remain in existence. The paper also shows how a pluralist analysis of the status of rivers can help to identify some potential ways to address this problem.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10383441.2020.1881304","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45724749","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: 21

The extinction of rights and the extantion of ghehds 权利的消亡与ghehds的扩张

IF 1.2

Griffith Law Review Pub Date : 2020-10-01 DOI: 10.1080/10383441.2020.1878596

G. Albrecht

{"title":"The extinction of rights and the extantion of ghehds","authors":"G. Albrecht","doi":"10.1080/10383441.2020.1878596","DOIUrl":"https://doi.org/10.1080/10383441.2020.1878596","url":null,"abstract":"ABSTRACT The need to move away from the grip of the Anthropocene in all of its manifestations is now urgent. As Einstein might have said, ‘you can't solve the problems of the Anthropocene by using the same anthropocentric thinking that created those problems in the first place’. In addition to scientific and technological change, there must be, in lock step, cultural, ethical and legal change. Radical change is needed in all of these domains as many of our older practices and concepts have, sadly, become redundant for all cultures (old and new) on the planet. The Anthropocene is a powerful colonising agent and it ultimately desolates all that it touches. The antidote to the dysbiosis of the Anthropocene is the Symbiocene. Here, a powerful new meme based on the mutualistic features of grand-scale symbiosis in life can inform every aspect of humanity. Rights, it is argued, have crucially served to entrench separation between human and non- human beings in a competitive and adversarial legal and political system. I offer ‘ghehds’, as a concept befitting the Symbiocene, a more life-inclusive, descriptive ethical approach to all interspecies relationships. Ghehds (from the root ghehd, to unite, with etymological connections to modern words such as: to gather, together and good) will help bring about the extinction of rights and its applications to nature. Instead of a hierarchy of competing rights, assuming autonomous individuals or entities in a contested domain, ghehds respect entitlements of coalescence, vagility, passage, movement and flow within organically and symbiotically unified wholes. Rights assume division, competition and exclusion; ghehds assume unity, cooperation and inclusion. The concept of ghehds is offered as a way of avoiding biological and other forms of extinction.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10383441.2020.1878596","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49099216","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

Extinction: hidden in plain sight – can stories of ‘the last’ unearth environmental law’s unspeakable truth? 灭绝：隐藏在众目睽睽之下——“最后”的故事能揭示环境法难以言说的真相吗？

IF 1.2

Griffith Law Review Pub Date : 2020-10-01 DOI: 10.1080/10383441.2020.1940570

M. Lim

{"title":"Extinction: hidden in plain sight – can stories of ‘the last’ unearth environmental law’s unspeakable truth?","authors":"M. Lim","doi":"10.1080/10383441.2020.1940570","DOIUrl":"https://doi.org/10.1080/10383441.2020.1940570","url":null,"abstract":"ABSTRACT Extinction. It is almost as though we dare not speak its name. Instead, words such as ‘threatened’ and ‘endangered’ are entrenched in conservation law and management as markers of risk. These terms are so entrenched that the nature of the risk is easily forgotten. On reflection, classifications of conservation status denote, of course, how close species are from disappearing forever. However, our familiarity with categories of biodiversity decline, the lack of explicit objectives to prevent avoidable extinctions within law and the failure of laws to directly tackle the drivers of biodiversity loss mean that the reality of extinction is ultimately buried in plain sight of the law. We need to change how extinction is seen and more importantly how it is felt within environmental law. An endling is the last of a kind. The final remaining individual of a plant or animal species. The paper explores the power and potential of endlings to illuminate the reality of extinction and our responsibilities to the more-than-human. Through stories of endlings past, recent and yet to come, the paper urges humans, and the legal instruments that encapsulate human values, to see and feel extinction and ultimately shift current extinction trajectories.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10383441.2020.1940570","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46171308","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

Facing mass extinction, it is prudent to decolonise lands & laws: a philosophical essay on respecting jurisdiction 面对大规模灭绝，谨慎的做法是将土地和法律去殖民化:一篇关于尊重管辖权的哲学论文

IF 1.2

Griffith Law Review Pub Date : 2020-10-01 DOI: 10.1080/10383441.2020.1878595

J. Bendik-Keymer

{"title":"Facing mass extinction, it is prudent to decolonise lands & laws: a philosophical essay on respecting jurisdiction","authors":"J. Bendik-Keymer","doi":"10.1080/10383441.2020.1878595","DOIUrl":"https://doi.org/10.1080/10383441.2020.1878595","url":null,"abstract":"ABSTRACT The drivers of mass extinction today are societal processes (including economic and legal systems) inherited from European imperialism and embedded in the international state system. Their path dependencies demand that we engage in decolonial work. This work centrally involves countering land abstraction – the rendering instrumental of lands, waters, and skies for the sake of national territory, capitalist profit, or industrial resource use. Much Indigenous law is centred on moral relations with lands, internalising ‘ecological reflexivity’ within Indigenous society in highly articulated ways not present in the social memory of nation states. Prudential reasons thus support decolonising Indigenous lands, making room for the sovereignty and jurisdiction of Indigenous law. Such reasons are not exclusive but rather add to already evident reasons of justice in support of Indigenous decolonisation which have for some time been urgent calls for concern. This paper provides new reasoning for decolonisation concerning the practical relations between the disestablishment of our inherited colonial order and the curtailment of now alarming rates of extinction threatening the current order of life on this Earth.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10383441.2020.1878595","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43345846","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