Indigenous leaders: lawful relations from encounter to treaty. This project aims to draw together history, law and the creative arts to recover, make visible and make accessible the continuous traditions of Indigenous people’s leadership in conducting lawful relations in Victoria. The project aims to develop methods of translating these encounters and their insights. The intended outcomes should shape critical deliberations on the future of non-Indigenous Australia’s legal and social relationshi ....Indigenous leaders: lawful relations from encounter to treaty. This project aims to draw together history, law and the creative arts to recover, make visible and make accessible the continuous traditions of Indigenous people’s leadership in conducting lawful relations in Victoria. The project aims to develop methods of translating these encounters and their insights. The intended outcomes should shape critical deliberations on the future of non-Indigenous Australia’s legal and social relationships with its First Peoples, particularly regarding treaty-making.Read moreRead less
The politics of reading: Citizenship, law, and literacy in England, 1867-1960. This research addresses problems that resonate powerfully in contemporary debates: the relationship between freedom and responsibility, and the relationship between political rights, education and literacy. Knowing how people living in another age and a different society -- but one to which Australia is bound by a complex of legal, political and cultural traditions -- wrestled with questions that are still with us wil ....The politics of reading: Citizenship, law, and literacy in England, 1867-1960. This research addresses problems that resonate powerfully in contemporary debates: the relationship between freedom and responsibility, and the relationship between political rights, education and literacy. Knowing how people living in another age and a different society -- but one to which Australia is bound by a complex of legal, political and cultural traditions -- wrestled with questions that are still with us will add depth and sensitivity to our understanding of the bases and limits of a democratic culture.Read moreRead less
The High Court of Australia: A Biographical Study. The High Court of Australia has shaped the legal, political and social landscapes of Australia. Yet despite its wide-ranging importance the Court has largely been the subject of a legal inquiry focusing on its substantial case law. This project seeks to fill a significant gap in the literature with the publication of an institutional history of the Court. Central to this project is a commitment to a multi-disciplinary approach that explores the ....The High Court of Australia: A Biographical Study. The High Court of Australia has shaped the legal, political and social landscapes of Australia. Yet despite its wide-ranging importance the Court has largely been the subject of a legal inquiry focusing on its substantial case law. This project seeks to fill a significant gap in the literature with the publication of an institutional history of the Court. Central to this project is a commitment to a multi-disciplinary approach that explores the Court beyond a merely legal paradigm. The outcomes of this project will be publications that situate the law, the judiciary and Australian history within a single explanatory narrative.Read moreRead less
HISTORICAL EXPERTS AND INDIGENOUS LITIGANTS: the role of Historical Expert Evidence in Federal Court Cases. Since Mabo, historians are increasingly being called as expert witnesses in cases involving indigenous litigants. Historians perceive serious difficulties in the Court's treatment of qualitative, historical material, resulting in a possible denial of access to justice. The project investigates this treatment, pursuing issues such as expert evidence generally, the specific relationship betw ....HISTORICAL EXPERTS AND INDIGENOUS LITIGANTS: the role of Historical Expert Evidence in Federal Court Cases. Since Mabo, historians are increasingly being called as expert witnesses in cases involving indigenous litigants. Historians perceive serious difficulties in the Court's treatment of qualitative, historical material, resulting in a possible denial of access to justice. The project investigates this treatment, pursuing issues such as expert evidence generally, the specific relationship between Law and History, and the particularity of cases involving indigenous claims. The investigation asks whether historians as expert witnesses can retain both their historical professionalism and adapt to the requirements of the courts, or whether the courts? rules of evidence themselves require adaptation.
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Understanding forms of violence and their regulation in Australian history. In contemporary Australia inter-personal violence (such as domestic violence, the abuse of children, Aboriginal deaths in custody, the Cronulla riots) occupies intense media and public interest. Governmental responses to violence (through policing or the courts) themselves rest on the exercise of authorised and regulated control which itself may be considered a form of violence. In examining the historical changes in vio ....Understanding forms of violence and their regulation in Australian history. In contemporary Australia inter-personal violence (such as domestic violence, the abuse of children, Aboriginal deaths in custody, the Cronulla riots) occupies intense media and public interest. Governmental responses to violence (through policing or the courts) themselves rest on the exercise of authorised and regulated control which itself may be considered a form of violence. In examining the historical changes in violence, its social impact and media resonances, and the public policy responses to it, this research seeks to contribute to contemporary understanding of these important questions on the basis of a greater appreciation of the specifically Australian history of these phenomena.Read moreRead less
Sacred Rules, Secular Revelations: The Conceptions of Rights in Pre-Modern Europe. This project provides a deeper understanding of the origins of and background to contemporary debates on the role of religion in law, and vice-versa. This is particularly relevant at a time when law and human rights face questions about their moral and normative qualities. It will contribute to debates about the origins of the humanities in higher learning by reminding us that such studies had their origins in re ....Sacred Rules, Secular Revelations: The Conceptions of Rights in Pre-Modern Europe. This project provides a deeper understanding of the origins of and background to contemporary debates on the role of religion in law, and vice-versa. This is particularly relevant at a time when law and human rights face questions about their moral and normative qualities. It will contribute to debates about the origins of the humanities in higher learning by reminding us that such studies had their origins in resolving practical problems and conflicts, rather than esoteric ends. This project will further reinforce Australia's reputation for integrating sound scholarship with innovative methodology and inter-disciplinarity in pre-modern European studies. Read moreRead less
Juries, justice and citizenship. This project aims to expose the history of cultural and legal processes that for most of the twentieth century denied enfranchised Australian women the equal right to sit on juries. The project expects to provide new legal and historical understandings of structural gender and racial inequalities that persist today. The project will advance national and international knowledge by reconstructing the gender dynamics of historical court processes and documenting wom ....Juries, justice and citizenship. This project aims to expose the history of cultural and legal processes that for most of the twentieth century denied enfranchised Australian women the equal right to sit on juries. The project expects to provide new legal and historical understandings of structural gender and racial inequalities that persist today. The project will advance national and international knowledge by reconstructing the gender dynamics of historical court processes and documenting women’s struggles to overcome their exclusion. It will recover a previously unexamined aspect of legal history, and provide an important corrective to current understandings of the representativeness of Australian juries.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE200101236
Funder
Australian Research Council
Funding Amount
$389,201.00
Summary
Protected entry for asylum seekers in history and international refugee law. This project aims to investigate how States have permitted asylum seekers to safely cross international borders and access protection as refugees. Using rigorous qualitative historical research methods, and a refugee law-based analysis, the project intends to examine the history of protected entry procedures used by governments in Australia, the United States, Canada and Italy, with a view to clarifying the operations a ....Protected entry for asylum seekers in history and international refugee law. This project aims to investigate how States have permitted asylum seekers to safely cross international borders and access protection as refugees. Using rigorous qualitative historical research methods, and a refugee law-based analysis, the project intends to examine the history of protected entry procedures used by governments in Australia, the United States, Canada and Italy, with a view to clarifying the operations and outcomes of these procedures in relation to international refugee law obligations. In an era of record forced migration, this timely and original comparative history of safe access to asylum will advance scholarly knowledge about refugee law and policy.Read moreRead less
A new history of law in eighteenth-century England. The century after 1689 witnessed momentous changes in English traditions of law and governance. This project will result in a new history of English law during the period, centred upon prestigious publications that will become standards and starting-points for future study by historians, lawyers, other scholars, and legal professionals.
Convicts, empire and order, 1783-1857. This project shows how convicts changed and challenged ideas about law and authority in British Empire between 1783 and 1857. It uses detailed study of everyday conflict over convict legal status and rights in Bermuda and New South Wales to demonstrate the importance of convict transportation to the constitution of empire in the colonies.