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
Discovery Early Career Researcher Award - Grant ID: DE180101154
Funder
Australian Research Council
Funding Amount
$363,996.00
Summary
Regulating cumulative environmental effects: Designing global best practice. This project aims to analyse and evaluate laws regulating cumulative environmental effects in the United States of America, European Union, Canada and Australia. The project will use methods combining law, ethics, and natural and spatial science to develop a framework of globally relevant best practice tools for regulating cumulative effects. The outcomes will increase the capacity of regulators, industry, and the commu ....Regulating cumulative environmental effects: Designing global best practice. This project aims to analyse and evaluate laws regulating cumulative environmental effects in the United States of America, European Union, Canada and Australia. The project will use methods combining law, ethics, and natural and spatial science to develop a framework of globally relevant best practice tools for regulating cumulative effects. The outcomes will increase the capacity of regulators, industry, and the community to better manage common challenges in managing environmental effects and reducing environmental harms.Read moreRead less
Legal and ethical issues in the inheritable genetic modification of humans. This project aims to investigate the legal and ethical implications of technologies that allow inheritable modifications of the human genome. The use of these technologies in human embryos is fast becoming an international reality, and this project aims to examine the implications for Australia. The project will clarify the legal status of inheritable genetic modification technologies in Australia, analyse the ethics of ....Legal and ethical issues in the inheritable genetic modification of humans. This project aims to investigate the legal and ethical implications of technologies that allow inheritable modifications of the human genome. The use of these technologies in human embryos is fast becoming an international reality, and this project aims to examine the implications for Australia. The project will clarify the legal status of inheritable genetic modification technologies in Australia, analyse the ethics of these new technologies, and, building on this, recommend regulatory reforms to guide Australia’s response to international scientific and legal developments. These reforms could improve the governance of these new technologies and guide their clinical adoption.Read moreRead less
A Principled Theory of Legal Interpretation. Law's practical operation depends upon the meanings of statements of law: judges, lawyers and parliamentarians all must frequently grapple with issues of legal interpretation. The development of a principled theory of legal interpretation - which will be the result of this project - is therefore crucial to the practice of law-makers and legal officials. It is also important to the broader community, whose interests are often affected by interpretive d ....A Principled Theory of Legal Interpretation. Law's practical operation depends upon the meanings of statements of law: judges, lawyers and parliamentarians all must frequently grapple with issues of legal interpretation. The development of a principled theory of legal interpretation - which will be the result of this project - is therefore crucial to the practice of law-makers and legal officials. It is also important to the broader community, whose interests are often affected by interpretive decisions made by legal officials. By bringing together a team of Australian and New Zealander philosophers of law with a leading international philosopher of language, this interdisciplinary project will also raise the international profile of Australian legal philosophy.Read moreRead less
Sharing the Wealth: Tax and Justice in The Slow Growth Era. This project aims to address fundamental problems of injustice in taxation emerging in the transition to a slow growth economy in Australia and globally. The project applies interdisciplinary approaches to generate new knowledge that aims to update frameworks for justice in taxation, refreshing out-dated 20th century ethical and legal approaches. Collaborative legal and philosophy analysis by leading scholars in Australia and the United ....Sharing the Wealth: Tax and Justice in The Slow Growth Era. This project aims to address fundamental problems of injustice in taxation emerging in the transition to a slow growth economy in Australia and globally. The project applies interdisciplinary approaches to generate new knowledge that aims to update frameworks for justice in taxation, refreshing out-dated 20th century ethical and legal approaches. Collaborative legal and philosophy analysis by leading scholars in Australia and the United States will respond to contemporary conditions of slow growth, wage stagnation, wealth inequality, population aging and longevity. Project outcomes will include tax reform proposals to benefit policy makers and enrich public debate on tax justice for 21st century economic and fiscal conditions.Read moreRead less
Governing solar radiation management research, development and deployment. This project will expand Australia’s climate response options by developing a governance framework for research, development and deployment of solar radiation management. These emerging technologies seek to reflect part of the sun’s energy from the earth to reduce climate change impacts. Through case studies of key proposals, marine cloud brightening and stratospheric aerosol injection, the project aims to develop nationa ....Governing solar radiation management research, development and deployment. This project will expand Australia’s climate response options by developing a governance framework for research, development and deployment of solar radiation management. These emerging technologies seek to reflect part of the sun’s energy from the earth to reduce climate change impacts. Through case studies of key proposals, marine cloud brightening and stratospheric aerosol injection, the project aims to develop national laws and research policies to responsibly govern research, development and deployment in Australia. This will deliver benefits for Australian governments, civil society, communities and researchers by managing risks and building public confidence in these technologies and provide a best practice model for other countries.Read moreRead less
Cosmopolitanism and the Future of International Law. Questions about the theoretical foundation and practical effect of international law are extremely timely and of direct interest to Australia. Dominant conceptions of law have proved inadequate for understanding the capacity of international law to respond to the threats and challenges of our time. This project will assist Australians to participate more actively in generating new institutions, concepts and frameworks which will shape the futu ....Cosmopolitanism and the Future of International Law. Questions about the theoretical foundation and practical effect of international law are extremely timely and of direct interest to Australia. Dominant conceptions of law have proved inadequate for understanding the capacity of international law to respond to the threats and challenges of our time. This project will assist Australians to participate more actively in generating new institutions, concepts and frameworks which will shape the future of international law. It will ensure that international law and institutions can better respond to the questions raised and the demands made on Australia by humanitarian crises, economic globalization and the movement of peoples.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE140101216
Funder
Australian Research Council
Funding Amount
$356,291.00
Summary
Revitalising Collaborative Water Governance: Lessons from Water Planning in Australia. One of Australia's greatest challenges is managing its scarce water resources. However, fundamental flaws in the design and implementation of collaborative water governance have undermined Australia's water reforms. This project will critically evaluate collaborative water governance, develop legal and policy principles enabling its mobilisation in an effective, efficient and equitable manner, and investigate ....Revitalising Collaborative Water Governance: Lessons from Water Planning in Australia. One of Australia's greatest challenges is managing its scarce water resources. However, fundamental flaws in the design and implementation of collaborative water governance have undermined Australia's water reforms. This project will critically evaluate collaborative water governance, develop legal and policy principles enabling its mobilisation in an effective, efficient and equitable manner, and investigate the challenges it poses for the theory and practice of water regulation, markets and water governance more generally. The lessons learned can then be applied to reshape water strategy, ensure meaningful collaborative community engagement and reduce the over-allocation and overuse of water in Australia.Read moreRead less
Developing a legal framework for Indonesia's participation in an internationally sanctioned scheme for reducing emissions from deforestation (and degradation). Global climate change is projected to have serious consequences for Australia. Innovative research to provide a legal framework for Reducing Emissions from Deforestation and Degradation (RED(D)) schemes in developing countries, including Indonesia, is needed. As Australia is likely to be the first country in the world to recognise 'offset ....Developing a legal framework for Indonesia's participation in an internationally sanctioned scheme for reducing emissions from deforestation (and degradation). Global climate change is projected to have serious consequences for Australia. Innovative research to provide a legal framework for Reducing Emissions from Deforestation and Degradation (RED(D)) schemes in developing countries, including Indonesia, is needed. As Australia is likely to be the first country in the world to recognise 'offset credits' from RED(D), under its proposed emissions trading scheme commencing in 2010-2011, the project will benefit Australia. The project will also support the Australian government's Global Initiative on Forests, including the Kalimantan Forests and Climate Partnership with Indonesia. It will place Australian and Indonesian legal academics at the forefront of this innovative area of legal research.Read moreRead less