Discovery Early Career Researcher Award - Grant ID: DE180100577
Funder
Australian Research Council
Funding Amount
$321,983.00
Summary
Rethinking institutional culpability: criminal law, philosophy and horror. This project aims to reconceptualise institutional culpability, examining what systemic failure occurs when public enquiries that detail harms inflicted rarely result in criminal prosecutions or sanctions. It addresses the pressing need to provide practical insight into legislative responses (or the lack thereof) to corporate harms. This project is expected to have national and international benefits in terms of both prac ....Rethinking institutional culpability: criminal law, philosophy and horror. This project aims to reconceptualise institutional culpability, examining what systemic failure occurs when public enquiries that detail harms inflicted rarely result in criminal prosecutions or sanctions. It addresses the pressing need to provide practical insight into legislative responses (or the lack thereof) to corporate harms. This project is expected to have national and international benefits in terms of both practical law reform and theoretical constructions of culpability.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE130100418
Funder
Australian Research Council
Funding Amount
$374,906.00
Summary
Responsibility in criminal law. The principle of criminal responsibility lies at the heart of our criminal justice systems. This project provides a systematic analysis of criminal responsibility in the context of the NSW criminal law. It engages Australian scholarship in, and enhances Australia's contribution to, an important and growing field.
Open justice and open secrets: the cultural afterlife of criminal evidence. This project explores the consequences of using criminal evidence in the cultural field, after the conclusion of the trial. It investigates whether an appropriate regulatory or ethical framework can be developed in response to challenging or controversial re-deployments of this material by artists, curators, journalists, scholars and others.
Interpreters in court: witness credibility with interpreted testimony. The study will improve access to justice for non-English speaking witnesses, testifying in court through an interpreter. It achieves this by taking advantage of new wireless technologies to transform the social and technological environment of the courtroom.
Mode, accuracy and credibility in court interpreting. This project aims to examine factors affecting the accuracy of interpreting and the effect of interpreters on witness credibility. Judicial cases rely on oral evidence. Witness credibility is assessed based on the content of the testimony and the speaker’s demeanour. When witnesses do not speak English, their credibility is evaluated through an interpreter. Inaccurate interpretations can result in miscarriages of justice, making accuracy of i ....Mode, accuracy and credibility in court interpreting. This project aims to examine factors affecting the accuracy of interpreting and the effect of interpreters on witness credibility. Judicial cases rely on oral evidence. Witness credibility is assessed based on the content of the testimony and the speaker’s demeanour. When witnesses do not speak English, their credibility is evaluated through an interpreter. Inaccurate interpretations can result in miscarriages of justice, making accuracy of interpretation essential. This project aims to provide empirical evidence to support best practice and a basis for policy recommendations to courts to enhance the fairness of the justice system for all members of the community, regardless of language and background.Read moreRead less
Construing Statutes: The Interaction between a Statute’s Linguistic Content and Principles of Statutory Interpretation. This project aims to identify the factors that determine what legal effect a statutory provision has; what effect it has on the content of the law; in cases where its legal effect is modified by another legal rule or principle. Such cases are commonplace, but the way in which statutory provisions interact with other legal rules or principles is poorly understood. The outcome of ....Construing Statutes: The Interaction between a Statute’s Linguistic Content and Principles of Statutory Interpretation. This project aims to identify the factors that determine what legal effect a statutory provision has; what effect it has on the content of the law; in cases where its legal effect is modified by another legal rule or principle. Such cases are commonplace, but the way in which statutory provisions interact with other legal rules or principles is poorly understood. The outcome of this project will be a general methodology for construing Australian statutes which can resolve problems that existing methodologies cannot. This will provide much-needed guidance to judges, and will advance our understanding of important legal and political issues concerning the effect that statutory provisions have on the content of the law.Read moreRead less
A relational theory of procedural justice. This project aims to develop a relational theory of procedural justice, based on the quality of interactions between individuals and legal authorities. Just procedures maintain the public's trust in the legal system, but lawyers and philosophers have not studied what makes legal procedures morally justifiable. The project will use empirical studies about the public's understanding of procedural justice to enrich the normative analysis and demonstrate th ....A relational theory of procedural justice. This project aims to develop a relational theory of procedural justice, based on the quality of interactions between individuals and legal authorities. Just procedures maintain the public's trust in the legal system, but lawyers and philosophers have not studied what makes legal procedures morally justifiable. The project will use empirical studies about the public's understanding of procedural justice to enrich the normative analysis and demonstrate the value of the theory in the practical setting of tribunal proceedings. This research is expected to contribute to theoretical and practical debates about how to improve legal procedures.Read moreRead less
Participation in the administration of justice: deaf citizens as jurors. This project will pioneer international research on legal signed language interpreting and jury service; the results are likely to innovate law reform. The expected outcome will be to overturn previously held common law that deaf people cannot serve as jurors due to having an interpreter as the 13th person in the jury room as well as confidentiality issues.
Gender related harms in forced migration: a comparative international study. The recognition of gender-based persecution has been the single most important development in refugee law over the past 20 years. Through comparative analysis of cases and processes we aim to make refugee decision-making more sensitive to gender related harms and assist in developing consistent, coherent and transparent refugee law.
A Cross-National and Cross-Cultural Study of Global Translation Industry. This project aims to tackle the pressing issue of the social invisibility of the translation profession, a persistent social problem that threatens to hinder the development of a critical knowledge-based industry in Australia within a rapidly changing international social, economic and cultural context. The project is expected to offer insights into the emerging international translation system and inform policy makers an ....A Cross-National and Cross-Cultural Study of Global Translation Industry. This project aims to tackle the pressing issue of the social invisibility of the translation profession, a persistent social problem that threatens to hinder the development of a critical knowledge-based industry in Australia within a rapidly changing international social, economic and cultural context. The project is expected to offer insights into the emerging international translation system and inform policy makers and the general public about the challenges and opportunities of developing this profitable and resilient service industry.Read moreRead less