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
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
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
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
Special Research Initiatives - Grant ID: SR200200683
Funder
Australian Research Council
Funding Amount
$247,923.00
Summary
Rethinking Medico-Legal Borders: From international to internal histories . The response to coronavirus has starkly revealed the significance of internal movement and its regulation. Yet the focus of scholarship on medico-legal border control remains almost exclusively on international movement. This project addresses that major gap by researching the regulation of internal movement in past and present pandemic times, with a focus on plague, influenza, SARS and coronavirus in Australia, and in c ....Rethinking Medico-Legal Borders: From international to internal histories . The response to coronavirus has starkly revealed the significance of internal movement and its regulation. Yet the focus of scholarship on medico-legal border control remains almost exclusively on international movement. This project addresses that major gap by researching the regulation of internal movement in past and present pandemic times, with a focus on plague, influenza, SARS and coronavirus in Australia, and in comparison with Hong Kong. It will interrogate the ambiguous internal/international borders of ships in quarantine in the past and in the coronavirus present. Bringing law and history together, this project will clarify how internal movement has been, and can best be, lawfully restricted. 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
The Spectre of Velvet Revolution: Dissidents, International Civil Society and post-Communist Authoritarianism. The study of 'Velvet Revolution,' both as a theory and as historical events, has immense implications for Australian policymakers. As an approach to regime change that does not entail foreign military intervention, 'Velvet Revolution' offers a path for democratic transition that minimises nationalist resentment and post-revolutionary violence. As a radical challenge to undemocratic regi ....The Spectre of Velvet Revolution: Dissidents, International Civil Society and post-Communist Authoritarianism. The study of 'Velvet Revolution,' both as a theory and as historical events, has immense implications for Australian policymakers. As an approach to regime change that does not entail foreign military intervention, 'Velvet Revolution' offers a path for democratic transition that minimises nationalist resentment and post-revolutionary violence. As a radical challenge to undemocratic regimes, it also constitutes a potent alternative to militant Islamism. By illuminating the role of dissidents and international civil society as protagonists and purveyors of 'Velvet Revolution,' this project will help to clarify the conditions that have facilitated the successful spread of democratic revolution.Read moreRead less
The Indonesian Killings of 1965-1966. This project analyses the immediate and long-term causes of the killing of perhaps 500,000 communists and others in Indonesia between October 1965 and March 1966. The project examines newly available archival and memoir material, as well as conducting fresh interviews, to explain the respective roles of the Indonesian armed forces, military-sponsored and independent militias, and civilian viglantes in initiating and carrying out the killings. The project ....The Indonesian Killings of 1965-1966. This project analyses the immediate and long-term causes of the killing of perhaps 500,000 communists and others in Indonesia between October 1965 and March 1966. The project examines newly available archival and memoir material, as well as conducting fresh interviews, to explain the respective roles of the Indonesian armed forces, military-sponsored and independent militias, and civilian viglantes in initiating and carrying out the killings. The project sets this detailed examination in the context of the extreme political tension in Indonesia in the early 1960s and more-deeply rooted patterns of violence in Indonesian society.Read moreRead less