How just is our criminal justice system? Crime reduction, retribution and their impact on substantive criminal law. The aims of punishment impact dramatically on the substantive criminal law. Although there have been various attempts to develop general theories of criminal responsibility, this is the first study to apply integrated theories of punishment to specific offences, and the analytical structure of the criminal law.
By exploring the tensions between crime reduction and retribution, t ....How just is our criminal justice system? Crime reduction, retribution and their impact on substantive criminal law. The aims of punishment impact dramatically on the substantive criminal law. Although there have been various attempts to develop general theories of criminal responsibility, this is the first study to apply integrated theories of punishment to specific offences, and the analytical structure of the criminal law.
By exploring the tensions between crime reduction and retribution, the project develops a theory of criminalisation; concrete proposals for the reform of core offences, a criminal code and systematic sentencing principles; thereby improving the efficiency, fairness and accountability of the criminal justice system.Read moreRead less
Fairness and equity for victims of crime: what do victims want, and why don't they get it? The goal of the research is to assist justice and crime victims services agencies to understand their role in relation to crime victims and to develop more effective and responsive ways to meet this important social and justice challenge. The research will contribute to a better understanding how traditional legal and justice processes can be made consistent with victims' needs for procedural fairness and ....Fairness and equity for victims of crime: what do victims want, and why don't they get it? The goal of the research is to assist justice and crime victims services agencies to understand their role in relation to crime victims and to develop more effective and responsive ways to meet this important social and justice challenge. The research will contribute to a better understanding how traditional legal and justice processes can be made consistent with victims' needs for procedural fairness and equity of outcomes. The project will establish a strong theoretical and policy framework for a principled, fair and responsive justice system that is informed by the diverse interests of its constituents and consumers. This research has the support of Victims Support Australasia and in-principle agreement from four member services.Read moreRead less
EEO in a Culture of Uncertainty. Australia appears to be losing its commitment to equal opportunity as work becomes increasingly insecure. Deference to employers, including transnational corporations, is already exercising a disproportionate effect on women, racial minorities and people with disabilities. The impact of the market, globalisation and free trade agreements is resulting in the increasing marginalisation of EEO and anti-discrimination measures. As a turning away from social justice i ....EEO in a Culture of Uncertainty. Australia appears to be losing its commitment to equal opportunity as work becomes increasingly insecure. Deference to employers, including transnational corporations, is already exercising a disproportionate effect on women, racial minorities and people with disabilities. The impact of the market, globalisation and free trade agreements is resulting in the increasing marginalisation of EEO and anti-discrimination measures. As a turning away from social justice in favour of the market and profit-making can only impoverish a democratic society, this timely study will examine the nature of the retreat in the hope that something might be done about it. Read moreRead less
Controversies of legal interpretation: a philosophical investigation of reasoning and adjudication in some recent contentious cases. A series of High Court decisions in Australia since the 1980's generated a public controversy about the role of moral and political values in adjudication. It has been charged that judges are engaged, not in an exercise of technical legal interpretation, but rather in illegitimate and politically partisan ?judicial activism.? The project investigates the theoretica ....Controversies of legal interpretation: a philosophical investigation of reasoning and adjudication in some recent contentious cases. A series of High Court decisions in Australia since the 1980's generated a public controversy about the role of moral and political values in adjudication. It has been charged that judges are engaged, not in an exercise of technical legal interpretation, but rather in illegitimate and politically partisan ?judicial activism.? The project investigates the theoretical and applied questions of legal interpretation implicit in this argument. It rejects the charge of judicial activism. It proposes a ?value-maximizing? theory of reasoning and interpretation that characterizes adjudication in contentious cases as precisely a process of theorizing about relevant moral and political values.Read moreRead less
The Asylum Seeker in the Legal System: A Comparative and Theoretical Study. Issues about asylum seekers and the legal system in Australia will be brought more prominently before an international audience of lawyers and political scientists. This should generate further collaborative work between scholars in Australia and overseas. The nation will benefit from the publication of a more fully developed theory about the 'rule of law' which tackles fundamental questions of political morality, and ....The Asylum Seeker in the Legal System: A Comparative and Theoretical Study. Issues about asylum seekers and the legal system in Australia will be brought more prominently before an international audience of lawyers and political scientists. This should generate further collaborative work between scholars in Australia and overseas. The nation will benefit from the publication of a more fully developed theory about the 'rule of law' which tackles fundamental questions of political morality, and the importance of judicial decision-making. It will clarify the important issues, and stimulate discussion of further and better solutions to the issue.Read moreRead less
Fragility and Security: Human Rights, State Wrongs and Democratic Solidarity. This project will contribute to understanding our region and the world by providing a normative framework from which to judge the democratic value of security and human rights. In doing so, it will inform contemporary debates about border protection and clarify the role that Australian citizens should play in determining the nation's security interests and defending human rights. Moreover, an account of democratic soli ....Fragility and Security: Human Rights, State Wrongs and Democratic Solidarity. This project will contribute to understanding our region and the world by providing a normative framework from which to judge the democratic value of security and human rights. In doing so, it will inform contemporary debates about border protection and clarify the role that Australian citizens should play in determining the nation's security interests and defending human rights. Moreover, an account of democratic solidarity will be developed, which would strengthen the bonds between citizens and non-citizens from different cultures thereby enhancing Australia's reputation as a tolerant, multicultural society. The implications of the findings for contemporary debates about the treatment of asylum seekers in Australia will be considered.Read moreRead less
Beyond the pale: Sovereignty, Law and Indigenous peoples. The project contributes to understanding inequality in law and practice. It expands knowledge of the colonial dimensions of sovereignty, demonstrating how excluding Indigenous peoples from the ordinary operations of both international and domestic law helped constitute and transform sovereignty and produce racialised identities in settler societies. The research provides a new, more comprehensive conceptual framework for analysing front ....Beyond the pale: Sovereignty, Law and Indigenous peoples. The project contributes to understanding inequality in law and practice. It expands knowledge of the colonial dimensions of sovereignty, demonstrating how excluding Indigenous peoples from the ordinary operations of both international and domestic law helped constitute and transform sovereignty and produce racialised identities in settler societies. The research provides a new, more comprehensive conceptual framework for analysing frontier practices, ameliorating the polarising effects of recent debates surrounding this historiography. As the war on terrorism has again seen the suspension of the law in certain circumstances, investigations into the strengths and limits of the rule of law are opportune and timely.Read moreRead less