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Author: Murray Chisholm
Publisher: ANU Press
ISBN: 1760466468
Category : Political Science
Languages : en
Pages : 282
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Book Description
This study builds on a close examination of an archive of files that advised the Australian Commonwealth Executive on Papua New Guineans found guilty of capital offences in PNG between 1954 and 1965. These files provide telling insight into conceptions held by officials at different stages of the justice process into justice, savagery and civilisation, and colonialism and Australia’s role in the world. The particular combination of idealism and self-interest, liberalism and paternalism, and justice and authoritarianism axiomatic to Australian colonialism becomes apparent and enables discussion of Australia’s administration of PNG in the lead-up to the acceptance of independence as an immediate policy goal. The files show Australia gathering the authority to grant mercy into the hands of the Commonwealth and then devolving it back to the territories. In these transitions, the capital case review files show the trajectory of Australian colonialism during a period when the administration was unsure of the duration and nature of its future relationship with PNG.
Author: Murray Chisholm
Publisher: ANU Press
ISBN: 1760466468
Category : Political Science
Languages : en
Pages : 282
Get Book Here
Book Description
This study builds on a close examination of an archive of files that advised the Australian Commonwealth Executive on Papua New Guineans found guilty of capital offences in PNG between 1954 and 1965. These files provide telling insight into conceptions held by officials at different stages of the justice process into justice, savagery and civilisation, and colonialism and Australia’s role in the world. The particular combination of idealism and self-interest, liberalism and paternalism, and justice and authoritarianism axiomatic to Australian colonialism becomes apparent and enables discussion of Australia’s administration of PNG in the lead-up to the acceptance of independence as an immediate policy goal. The files show Australia gathering the authority to grant mercy into the hands of the Commonwealth and then devolving it back to the territories. In these transitions, the capital case review files show the trajectory of Australian colonialism during a period when the administration was unsure of the duration and nature of its future relationship with PNG.
Author: Murray Chisholm
Publisher:
ISBN: 9781760466459
Category : History
Languages : en
Pages : 0
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Book Description
This study builds on a close examination of an archive of files that advised the Australian Commonwealth Executive on Papua New Guineans found guilty of capital offences in PNG between 1954 and 1965. These files provide telling insight into conceptions held by officials at different stages of the justice process into justice, savagery and civilisation, and colonialism and Australia's role in the world. The particular combination of idealism and self-interest, liberalism and paternalism, and justice and authoritarianism axiomatic to Australian colonialism becomes apparent and enables discussion of Australia's administration of PNG in the lead-up to the acceptance of independence as an immediate policy goal. The files show Australia gathering the authority to grant mercy into the hands of the Commonwealth and then devolving it back to the territories. In these transitions, the capital case review files show the trajectory of Australian colonialism during a period when the administration was unsure of the duration and nature of its future relationship with PNG.
Author: Aletta Biersack
Publisher: ANU Press
ISBN: 1760460710
Category : Social Science
Languages : en
Pages : 398
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Book Description
The postcolonial states of Fiji, Papua New Guinea and Vanuatu operate today in a global arena in which human rights are widely accepted. As ratifiers of UN treaties such as the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child, these Pacific Island countries have committed to promoting women’s and girls’ rights, including the right to a life free of violence. Yet local, national and regional gender values are not always consistent with the principles of gender equality and women’s rights that undergird these globalising conventions. This volume critically interrogates the relation between gender violence and human rights as these three countries and their communities and citizens engage with, appropriate, modify and at times resist human rights principles and their implications for gender violence. Grounded in extensive anthropological, historical and legal research, the volume should prove a crucial resource for the many scholars, policymakers and activists who are concerned about the urgent and ubiquitous problem of gender violence in the western Pacific. ‘This is an important and timely collection that is central to the major and contentious issues in the contemporary Pacific of gender violence and human rights. It builds upon existing literature … but the contributors to this volume interrogate the connection between these two areas deeply and more critically … This book should and must reach a broad audience.’ — Jacqui Leckie, Associate Professor, Anthropology and Archaeology, University of Otago ‘The volume addresses the tensions between human and cultural, individual and collective rights, as played out in the domain of gender … Gender is a perfect lens for exploring these tensions because cultural rights are often claimed in defence of gender oppression and because women often have imposed upon them the burden of representing cultural traditions in attire, comportment, restraint or putatively cultural conservatism. And Melanesia is a perfect place to consider these gendered issues because of the long history of ethnocentric representations of the region, because of the extent to which these are played out between states and local cultures and because of the efforts of the vibrant women’s movements in the region to develop locally workable responses to the problems of gender violence in these communities.’ — Christine Dureau, Senior Lecturer, Anthropology, University of Auckland
Author: John Braithwaite
Publisher: ANU Press
ISBN: 1760464813
Category : Social Science
Languages : en
Pages : 814
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Book Description
How can power over others be transformed to ‘power with’? It is possible to transform many institutions to build societies with less predation and more freedom. These stretch from families and institutions of gender to the United Nations. Some societies, times and places have crime rates a hundred times higher than others. Some police forces kill at a hundred times the rate of others. Some criminal corporations kill thousands more than others. Micro variables fail to explain these patterns. Prevention principles for that challenge are macrocriminological. Freedom is conceived in a republican way as non-domination. Tempering domination prevents crime; crime prevention reduces domination. Many believe a high crime rate is a price of freedom. Not Braithwaite. His principles of crime control are to build freedom, temper power, lift people from poverty and reduce all forms of domination. Freedom requires a more just normative order. It requires cascading of peace by social movements for non-violence and non-domination. Periods of war, domination and anomie cascade with long lags to elevated crime, violence, inter-generational self-violence and ecocide. Cybercrime today poses risks of anomic nuclear wars. Braithwaite’s proposals refine some of criminology’s central theories and sharpen their relevance to all varieties of freedom. They can be reduced to one sentence. Strengthen freedom to prevent crime, prevent crime to strengthen freedom. ‘A true magnum opus, Macrocriminology and Freedom is a thought provoking and generative book from one of criminology’s intellectual giants. John Braithwaite reaches far and wide across societies, time, and disciplines to advance no less than a theory of how to build a society that simultaneously reduces both domination and crime. His ambitious ideas on cascades of non-dominating collective efficacy and crime prevention, for example, and their connections to social movements and political freedom, go well beyond usual criminological discourse. Chock full of theoretical propositions and bold insights, this a book that will keep criminologists busy for years. Macrocriminology and Freedom should not just be read, but better yet, savoured.’ – Robert J. Sampson, Henry Ford II Professor of the Social Sciences, Harvard University ‘In this majestic theorisation of the relationship between crime and freedom John Braithwaite isolates the unique power of macrocriminology as a lens through which to comprehend and challenge many of the fundamental crises facing our planet. Very few scholars have the breadth and overview to succeed in a mission of this order … Braithwaite does. This extraordinary book is an object lesson for all who seek to understand and resist domination and the crimes of power that flow from it.’ – Penny Green, Professor of Law and Globalisation, Queen Mary University of London ‘For over 40 years, John Braithwaite has been a voice of wisdom, hope and humanity in criminology. This dazzling new book weaves together all the main themes of his influential work, reanimating many of the core concepts of the discipline, as well as incorporating interdisciplinary resources from south and north, east and west, to produce an elegant and ambitious explanatory and normative account of crime as freedom-threatening domination. Decentring criminal justice as the solution to crime, Braithwaite shows that, on a global scale, the aspiration to tackle crimes, ranging from interpersonal violence through corporate crimes to ecocide, lies in the development of freedom-enhancing, power-tempering institutions in the political, economic and social spheres.’ – Nicola Lacey, Professor of Law, Gender and Social Policy, London School of Economics ‘Macrocriminology and Freedom is a criminological epic, an expansive and erudite story that sweeps across history and contexts. The book is frightening in showing how cascading events can produce catastrophes from crime to environmental destruction. But in the end, its message is hopeful, identifying pathways—or “normative rivers”—for guiding freedom from domination and crime. Drawing on his distinguished career, John Braithwaite has bestowed an extraordinary gift—a book, like other masterpieces, that will yield special insights each time we take an excursion through its pages.’ – Francis T. Cullen, Distinguished Research Professor Emeritus, University of Cincinnati ‘In this engaging book John Braithwaite reinvigorates discussions about crime and its control. While advocating a macro approach, the book is punctuated not only with insights and data from smaller-scale studies conducted in a range of jurisdictions, but also with auto-biographical vignettes. The effect creates a deeply personal account of the perils of state, non-state and market violence and authoritarianism and the potential and indeed duty, of criminologists to work towards their reduction, by refocusing their efforts on explaining and tackling crime in its myriad of forms.’ – Mary Bosworth, Professor of Criminology, University of Oxford and Monash University ‘John Braithwaite has had a unique influence on criminology globally. In this encyclopaedic text he synthesises a wealth of criminological knowledge, particularly in the sphere of anomie theory, into broader debates about the nature of domination and freedom in contemporary society. He defends the relevance of criminological theory, while urging criminology to be activist rather than reactive and technocratic, counter-hegemonic rather than neutral. Not for the first time, John Braithwaite has challenged criminologists to construct theories that cut across micro and macro structures. This book will stir debate. It deserves a broad readership.’ – Harry Blagg, Professor of Criminology, University of Western Australia
Author: Diane Kirkby
Publisher: ANU E Press
ISBN: 1922144037
Category : Social Science
Languages : en
Pages : 236
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Book Description
This collection brings methods and questions from humanities, law and social sciences disciplines to examine different instances of lawmaking. Contributors explore the problematic of past law in present historical analysis across indigenous Australia and New Zealand, from post-Franco Spain to current international law and maritime regulation, from settler colonial humanitarian debates to efforts to end cruelty to children and animals. They highlight problems both national and international in their implication. From different disciplines and theoretical positions, they illustrate the diverse and complex study of law’s history.
Author: Ann Genovese
Publisher: ANU Press
ISBN: 1760462713
Category : Law
Languages : en
Pages : 305
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Book Description
Until the late 20th century, ‘an archive’ generally meant a repository for documents, as well as the generic name for the wide range of documents the repository might hold. An archive could be visited, and then also searched, to discover past actions or lives that had meaning for the present. While historians and historiographers have long understood the contests that archives contain and represent, the very idea of ‘the archive’ has, over the last 40 years, become the subject and object of widening and intensified consideration. This consideration has been intellectual (from scholars in a wide range of disciplines) and public (from communities and individuals whose stories are held captive, or sometimes hidden or excluded from official archives), as well as institutional. It has involved scrutiny and critique of official archives’ limitations and practices, as well as symbolic, affective and theoretical expansion and heightened expectation of what ‘the archive’ is or should be. The very language of ‘the archive’ now carries freight as administrative practice, normative value, metaphor, description and aspiration in different ways than it did in the 20th century. This collection offers a unique contribution to these reinvigorated and sometimes new conversations about what an archive might be, what it can do as a consequence, and to whom it bears custodial responsibilities. In particular, this collection addresses what it means for contemporary Australian superior courts of record to not only have constitutional and procedural duties to documents as a matter of law, but also to acknowledge obligations to care for those materials in a way that understands their public meaning and public value for the Australian people, in the past, in the present and for the future.
Author: Glenn Patmore
Publisher: ANU Press
ISBN: 1925022064
Category : Law
Languages : en
Pages : 183
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Book Description
Law and Democracy: Contemporary Questions provides a fresh understanding of law’s regulation of Australian democracy. The book enriches public law scholarship, deepening and challenging the current conceptions of law’s regulation of popular participation and legal representation. The book raises and addresses a number of contemporary questions about legal institutions, principles and practices: How should the meaning of ‘the people’ in the Australian Constitution be defined by the High Court of Australia?How do developing judicial conceptions of democracy define citizenship?What is the legal right to participate in the political community?Should political advisors to Ministers be subject to legal accountability mechanisms?What challenges do applied law schemes pose to notions of responsible government and how can they be best addressed?How can the study of the ritual of electoral politics in Australia and other common law countries supplement the standard account of democracy?How might the ritual of the pledge of Australian citizenship limit or enhance democratic participation?What is the conflict between legal restrictions of freedom of expression and democracy, and the role of social media? Examining the regulation of democracy, this book scrutinises the assumptions and scope of constitutional democracy and enhances our understanding of the frontiers of accountability and responsible government. In addition, key issues of law, culture and democracy are revealed in their socio-legal context. The book brings together emerging and established scholars and practitioners with expertise in public law. It will be of interest to those studying law, politics, cultural studies and contemporary history.
Author: Rebecca Giblin
Publisher: ANU Press
ISBN: 1760460818
Category : Law
Languages : en
Pages : 344
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Book Description
What if we could start with a blank slate, and write ourselves a brand new copyright system? What if we could design a law, from scratch, unconstrained by existing treaty obligations, business models and questions of political feasibility? Would we opt for radical overhaul, or would we keep our current fundamentals? Which parts of the system would we jettison? Which would we keep? In short, what might a copyright system designed to further the public interest in the current legal and sociological environment actually look like? Taking this thought experiment as their starting point, the leading international thinkers represented in this collection reconsider copyright’s fundamental questions: the subject matter that should be protected, the ideal scope and duration of those rights, and how it should be enforced. Tackling the biggest challenges affecting the current law, their essays provocatively explore how the law could better secure to creators the fruits of their labours, ensure better outcomes for the world’s more marginalised populations and solve orphan works. And while the result is a collection of impossible ideas, it also tells us much about what copyright could be – and what prescriptive treaty obligations currently force us to give up. The book shows that, reimagined, copyright could serve creators and the broader public far better than it currently does – and exposes intriguing new directions for achievable reform.
Author: John Braithwaite
Publisher: ANU E Press
ISBN: 192166679X
Category : Political Science
Languages : en
Pages : 213
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Book Description
This volume of the Peacebuilding Compared Project examines the sources of the armed conflict and coup in the Solomon Islands before and after the turn of the millennium. The Regional Assistance Mission to Solomon Islands (RAMSI) has been an intensive peacekeeping operation, concentrating on building 'core pillars' of the modern state. It did not take adequate notice of a variety of shadow sources of power in the Solomon Islands, for example logging and business interests, that continue to undermine the state's democratic foundations. At first RAMSI's statebuilding was neither very responsive to local voices nor to root causes of the conflict, but it slowly changed tack to a more responsive form of peacebuilding. The craft of peace as learned in the Solomon Islands is about enabling spaces for dialogue that define where the mission should pull back to allow local actors to expand the horizons of their peacebuilding ambition.
Author: Ron Levy
Publisher: ANU Press
ISBN: 1760461423
Category : Law
Languages : en
Pages : 677
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Book Description
For reasons of effectiveness, efficiency and equity, Australian law reform should be planned carefully. Academics can and should take the lead in this process. This book collects over 50 discrete law reform recommendations, encapsulated in short, digestible essays written by leading Australian scholars. It emerges from a major conference held at The Australian National University in 2016, which featured intensive discussion among participants from government, practice and the academy. The book is intended to serve as a national focal point for Australian legal innovation. It is divided into six main parts: commercial and corporate law, criminal law and evidence, environmental law, private law, public law, and legal practice and legal education. In addition, Indigenous perspectives on law reform are embedded throughout each part. This collective work—the first of its kind—will be of value to policy makers, media, law reform agencies, academics, practitioners and the judiciary. It provides a bird’s eye view of the current state and the future of law reform in Australia.
