Australia's Post World War II War Crimes Trials: A systemic and comprehensive Law Reports Series. The publication of the project's Law Reports Series will, in effect, constitute the official history of this extensive Australian war crimes trial experience - in itself, an important national benefit. However, ready access to the previously buried historical primary source material also has profound potential for contemporary application. The proliferation of new international criminal tribunals ....Australia's Post World War II War Crimes Trials: A systemic and comprehensive Law Reports Series. The publication of the project's Law Reports Series will, in effect, constitute the official history of this extensive Australian war crimes trial experience - in itself, an important national benefit. However, ready access to the previously buried historical primary source material also has profound potential for contemporary application. The proliferation of new international criminal tribunals with a concomitant explosion of case law has created a hunger for access to past judicial precedent. Reliance on the results of this project in war crimes trials around the world is guaranteed.Read moreRead less
The Helping Court: Examining the Early History of the Family Court of Australia. This project will benefit the many Australian families involved in divorce by analysing the process by which the Family Court of Australia, designed to reduce the acrimony and costs associated with fault-based adversarial processes, so quickly became a focus for criticism and violence. By identifying continuity and change in both the issues underlying disputes in the family law system and the strategies adopted to o ....The Helping Court: Examining the Early History of the Family Court of Australia. This project will benefit the many Australian families involved in divorce by analysing the process by which the Family Court of Australia, designed to reduce the acrimony and costs associated with fault-based adversarial processes, so quickly became a focus for criticism and violence. By identifying continuity and change in both the issues underlying disputes in the family law system and the strategies adopted to overcome them it will help to stabilise dispute resolution policies and reduce the need for review and adjustment in the future.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
The impact of migrants on Australian public law: An historical and cultural study. Many leading cases in constitutional and administrative law since 1901 have involved migrants and non-citizens. This project explores their role in the development of public law in Australia. Selected cases will be interpreted from historical, cultural, political and legal doctrinal perspectives, to understand how migrants have shaped the public discourse on judicial review, power of the Executive and human righ ....The impact of migrants on Australian public law: An historical and cultural study. Many leading cases in constitutional and administrative law since 1901 have involved migrants and non-citizens. This project explores their role in the development of public law in Australia. Selected cases will be interpreted from historical, cultural, political and legal doctrinal perspectives, to understand how migrants have shaped the public discourse on judicial review, power of the Executive and human rights. In mapping the impact of migrants on Australian law and society (and, ultimately, national identity), it will contribute to current debates about public law, and assist understanding of citizenship, immigration, sovereignty, and the proper scope of judicial review.
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Has Feminism Failed the Family? A History of Equality, Law and Reform. The research will examine the history of legal reform since the introduction of the Family Law Act. As such, it will provide a broader perspective to feminist and conservative criticisms of gender bias and legal unfairness in the operation of a family law system understood to be based on equality principles. The project's outcomes will be of immediate significance therefore to policy makers, as well as to the divergent groups ....Has Feminism Failed the Family? A History of Equality, Law and Reform. The research will examine the history of legal reform since the introduction of the Family Law Act. As such, it will provide a broader perspective to feminist and conservative criticisms of gender bias and legal unfairness in the operation of a family law system understood to be based on equality principles. The project's outcomes will be of immediate significance therefore to policy makers, as well as to the divergent groups who currently research legal and government regulation of families and family breakdown. Further, the project will enhance national knowledge by contributing to the historical understanding of Australia's immediate past.
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The Mission to Civilise: Colonialism, Race and Criminal Codes. This project will consider the historical relationships between ideologies of race and law enforcement, and will chart their social formation and naturalisation. This will be set within the context of colonisation in Australia, where there existed tensions between the equally dominant ideologies of overt racism, and ideals of liberal universalism that justified the Rule of Law. Archival research will scrutinise the way in which the ....The Mission to Civilise: Colonialism, Race and Criminal Codes. This project will consider the historical relationships between ideologies of race and law enforcement, and will chart their social formation and naturalisation. This will be set within the context of colonisation in Australia, where there existed tensions between the equally dominant ideologies of overt racism, and ideals of liberal universalism that justified the Rule of Law. Archival research will scrutinise the way in which the superficially racially-neutral language of criminality was constituted by notions such as property and civil order which became racialised in historically and socially specific ways, revealing underlying consistencies between apparently incompatible ideologies of colonial practices.Read moreRead less
The search for family: A history of adoption in Australia. How has Australia cared for its children? This study will fill a significant gap in the nation's self-understanding by explaining the historical factors driving the changing place, meaning and significance of adoption. Whilst participants and practitioners debate its social worth, the policy pendulum is swinging back to an acceptance of adoption. Australian society is in urgent need of an open hearing of the contesting voices, and a bala ....The search for family: A history of adoption in Australia. How has Australia cared for its children? This study will fill a significant gap in the nation's self-understanding by explaining the historical factors driving the changing place, meaning and significance of adoption. Whilst participants and practitioners debate its social worth, the policy pendulum is swinging back to an acceptance of adoption. Australian society is in urgent need of an open hearing of the contesting voices, and a balanced account of the historical impact of adoption. Our project promises both, thus 'understanding and strengthening (a) key element of Australia's social fabric' - the family.Read moreRead less
Defining and Attempting Reconciliation: A Critical Analysis of the Pursuit of Reconciliation in South Africa's Truth and Reconciliation Commission. This project challenges existing accounts of South Africa's confrontation of its apartheid past, by establishing the conceptual significance of 'reconciliation' in its Truth and Reconciliation Commission. Using a perspective informed by the international context of transitional justice, and by comparison with other postcolonial racially-divided soci ....Defining and Attempting Reconciliation: A Critical Analysis of the Pursuit of Reconciliation in South Africa's Truth and Reconciliation Commission. This project challenges existing accounts of South Africa's confrontation of its apartheid past, by establishing the conceptual significance of 'reconciliation' in its Truth and Reconciliation Commission. Using a perspective informed by the international context of transitional justice, and by comparison with other postcolonial racially-divided societies, it tests the hypothesis that restorative justice is more effective than retributive justice. Publication of the findings in a book and articles will illuminate the significance of 'reconciliation' for South Africa's recent political, legal and social history, and for its immediate future. In a larger thematic context, it also offers important applications for Australia.Read moreRead less
The Origins of Homosexual Politics in the British World: A Transnational Study. This project's findings will be of national and community benefit in three ways. Addressing the origins and early development of one of the most important social movements of modern times, it will contribute to the understanding of the ways in which social inequality has been so successfully tackled in Australia over the past fifty years. By attending to the international context of this history it will expand knowle ....The Origins of Homosexual Politics in the British World: A Transnational Study. This project's findings will be of national and community benefit in three ways. Addressing the origins and early development of one of the most important social movements of modern times, it will contribute to the understanding of the ways in which social inequality has been so successfully tackled in Australia over the past fifty years. By attending to the international context of this history it will expand knowledge of the nature, extent and longevity of Australia's connections to global political cultures. Finally, it will strengthen Australian scholarship's already well-established claim to world-class research in gay and lesbian and queer studies.Read moreRead less