Courts, the Judiciary and Social Change. While few Australians have direct experience of courts, nearly all agree that courts are important to the community, though public confidence is low. Social changes and the ambiguous position of courts in relation to change are part of this tension. This project will undertake a concrete examination of one aspect of social change and the courts: the increasing number of women in the judiciary. The focus on how gender interacts with judicial work and th ....Courts, the Judiciary and Social Change. While few Australians have direct experience of courts, nearly all agree that courts are important to the community, though public confidence is low. Social changes and the ambiguous position of courts in relation to change are part of this tension. This project will undertake a concrete examination of one aspect of social change and the courts: the increasing number of women in the judiciary. The focus on how gender interacts with judicial work and the wider roles of courts will produce new and valuable understandings of gender and judging, gender and work, and courts and social change. Better knowledge about these complex relationships will strengthen Australian society and its legal integrity.Read moreRead less
Consent in the void: moral, legal and community values in decisions about human biological donations. This project will improve consent procedures for embryo and organ donation. This will increase the autonomy of those consenting, the quality of consent that is given, and increase public trust in the processes of embryo and organ donation. The legal and moral status of the wishes of the newly dead or embryo donors and will be clarified thereby increasing the quality of consent processes for all ....Consent in the void: moral, legal and community values in decisions about human biological donations. This project will improve consent procedures for embryo and organ donation. This will increase the autonomy of those consenting, the quality of consent that is given, and increase public trust in the processes of embryo and organ donation. The legal and moral status of the wishes of the newly dead or embryo donors and will be clarified thereby increasing the quality of consent processes for all involved. By including community values in addition to the legal and moral issues, this project will make well-founded recommendations for the development of laws, policies and guidelines in relation to decisions about frozen embryos and the newly dead.Read moreRead less
Sexual harassment in Australia: Contexts, outcomes and prevention. Sexual harassment remains a persistent workplace issue with significant social costs. The project will examine how to most effectively prevent sexual harassment and to reduce the impact of sexual harassment for individuals and organizations where it occurs. A comprehensive analysis will be undertaken, drawing on a longitudinal study of more than 100 'targets' of sexual harassment, interviews with a wide range of employers and ext ....Sexual harassment in Australia: Contexts, outcomes and prevention. Sexual harassment remains a persistent workplace issue with significant social costs. The project will examine how to most effectively prevent sexual harassment and to reduce the impact of sexual harassment for individuals and organizations where it occurs. A comprehensive analysis will be undertaken, drawing on a longitudinal study of more than 100 'targets' of sexual harassment, interviews with a wide range of employers and external complaint handling bodies, and an analysis of formal and informal reports. The project outcomes will contribute to improved policy and practice in workplaces and human rights and assist other bodies to prevent and more effectively respond to sexual harassment.Read moreRead less
Moral Panics and the Law in Eighteenth-Century England. This project will reveal the origins of a phenomenon that is ubiquitous in modern western society. By doing so it will attract international attention from academic historians and sociologists. It will also contribute to Australia's reputation for producing high-quality intellectual products, and further enhance its standing as a leading centre for the study of Britain in the eighteenth century. Because of its contemporary relevance the stu ....Moral Panics and the Law in Eighteenth-Century England. This project will reveal the origins of a phenomenon that is ubiquitous in modern western society. By doing so it will attract international attention from academic historians and sociologists. It will also contribute to Australia's reputation for producing high-quality intellectual products, and further enhance its standing as a leading centre for the study of Britain in the eighteenth century. Because of its contemporary relevance the study will provide a critical perspective on modern politics, especially the perception that governments legitimise their authority by helping to constitute popular anxiety about threats to moral and personal security.Read moreRead less
The rule of law in history and memory: Australian and Canadian settler frontiers. This study is inspired by current 'History Wars' debates in Australia and Canada, which in raising questions about 'what happened' in the colonial past have demonstrated that the shape of the nation's historical memory is of vital present day importance. These debates have shown that more detailed historical research is required into how the frontiers of European settlement evolved in practice, and how Indigenous p ....The rule of law in history and memory: Australian and Canadian settler frontiers. This study is inspired by current 'History Wars' debates in Australia and Canada, which in raising questions about 'what happened' in the colonial past have demonstrated that the shape of the nation's historical memory is of vital present day importance. These debates have shown that more detailed historical research is required into how the frontiers of European settlement evolved in practice, and how Indigenous populations were made subject to colonial legal authority. As a project of comparative history, the study is of international as well as national significance. It has the potential to generate improved understanding of current conditions by highlighting differences and similarities between Australian and Canadian experiences.Read moreRead less
Who is Law For? An Analysis of the Nature of the Legal Being. The project will provide the first contemporary comprehensive scholarly treatise on "the legal person" as this legal concept applies to natural beings and objects: from rational humans, to human foetuses to animals to trees. It will have a direct bearing on legal decision-making in some of the most sensitive and controversial areas of law and therefore will have a highly practical legal application. For example, the project critically ....Who is Law For? An Analysis of the Nature of the Legal Being. The project will provide the first contemporary comprehensive scholarly treatise on "the legal person" as this legal concept applies to natural beings and objects: from rational humans, to human foetuses to animals to trees. It will have a direct bearing on legal decision-making in some of the most sensitive and controversial areas of law and therefore will have a highly practical legal application. For example, the project critically evaluates the legal status of the embryo and so will be of immediate interest to national and international law reformers considering the legality of the new reproductive technologies, cloning and embryonic stem cell research.Read moreRead less
New Concepts in Legal Pluralism: A Theoretical and Practical Analysis. The central objective of this project is to make a substantial and original contribution to legal knowledge by developing a new concept of legal pluralism, and demonstrating its practical significance in the modern legal context. The traditional centralist model of law fails to recognise the co-existance of law with "quasi-legal" and informal normative systems, it deals inadequately with social and cultural difference, and it ....New Concepts in Legal Pluralism: A Theoretical and Practical Analysis. The central objective of this project is to make a substantial and original contribution to legal knowledge by developing a new concept of legal pluralism, and demonstrating its practical significance in the modern legal context. The traditional centralist model of law fails to recognise the co-existance of law with "quasi-legal" and informal normative systems, it deals inadequately with social and cultural difference, and it fails to recognise that state-based law is neither closed nor autonomous. This project will develop an innovative approach to legal pluralism, and strengthen pluralist thought within Australian law.Read moreRead less
The Australian Judiciary: A National Socio-Legal Analysis. Courts and judges constitute a key social and legal institution, with a distinctive obligation to maintain the rule of law. The knowledge produced by this research will benefit the judiciary, the courts, government and the public they serve. Research findings will be used by courts and government to shape policy in recruitment, selection and professional development. It will assist individual judicial officers to manage their workload ....The Australian Judiciary: A National Socio-Legal Analysis. Courts and judges constitute a key social and legal institution, with a distinctive obligation to maintain the rule of law. The knowledge produced by this research will benefit the judiciary, the courts, government and the public they serve. Research findings will be used by courts and government to shape policy in recruitment, selection and professional development. It will assist individual judicial officers to manage their workloads and provide valuable information for courts in managing independent professionals. This research will improve public and scholarly understanding of Australia's courts and will help sustain an institution essential for safeguarding Australia.
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Legitimacy, Deservingness, and Entitlement: Studies in Social Justice. This research program aims to clarify the variables that affect whether authorities are seen to be legitimate or otherwise, and the conditions under which people are perceived to be entitled to benefits or to deserve either positive or negative treatment. We will also examine how personal and social values affect these kinds of judgments, and how judgments of legitimacy, deservingness and entitlement are related. The resear ....Legitimacy, Deservingness, and Entitlement: Studies in Social Justice. This research program aims to clarify the variables that affect whether authorities are seen to be legitimate or otherwise, and the conditions under which people are perceived to be entitled to benefits or to deserve either positive or negative treatment. We will also examine how personal and social values affect these kinds of judgments, and how judgments of legitimacy, deservingness and entitlement are related. The research program will advance theoretical understanding about social justice in a variety of contexts (eg., organizations, law, government, family). It will also have practical outcomes by suggesting ways of exercising authority that are seen as both effective and fair.Read moreRead less