Tradition And Change In Australian Law

Author : Patrick Parkinson
Publisher : Lawbook Company
Page : 304 pages
File Size : 53,5 Mb
Release : 2001
Category : Law
ISBN : STANFORD:36105063216100

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Tradition and Change in Australian Law by Patrick Parkinson Pdf

This book examines the tradition of law in Australia & the tension between adherence to tradition & the demands of change & renewal for the legal system. The author argues that the greatest challenge the legal system faces is the challenge of inclusion -- to make the legal system one to which all Australians have access & in which all Australians are able to make their voices heard. The new edition takes account of recently published work in Australian legal history, including the Wik case & the native title debate, the debate about a Republic, changes in the Australian court system, developments in legal reasoning & statutory interpretation, & the problems of access to justice.

Author : Simon Young
Publisher : Federation Press
Page : 534 pages
File Size : 51,8 Mb
Release : 2008
Category : History
ISBN : 1862876479

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The Trouble with Tradition by Simon Young Pdf

This book is a broad and detailed examination of the native title jurisprudence in the US, Canada, New Zealand and Australia, with a specific focus on the handling of Indigenous community changes in each country's case law.

Author : Anthony Forsyth
Publisher : Unknown
Page : 24 pages
File Size : 53,5 Mb
Release : 1998
Category : Collective bargaining
ISBN : 1873271581

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Tradition and Change in Australian Labour Law by Anthony Forsyth Pdf

Author : ATF Press
Publisher : ATF Press
Page : 341 pages
File Size : 46,8 Mb
Release : 2018-12-31
Category : Religion
ISBN : 9781925872491

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Journal of the Australian Catholic Historical Society. Volume 39 (2018) by ATF Press Pdf

This volume focuses on Catholic Church history in Australia by lookimg at certain figures (Archdeacon John McEencroe, Lwesi Harding, Bishop Chalres Henry Davis, Cardonal Gilroy) as well as themes: Catholc Social Justice and parliamentary politics, humanae vitae and Tridentine clericalism, and the emergence of Catholic education offices.

Author : Kathy Laster
Publisher : Federation Press
Page : 436 pages
File Size : 48,8 Mb
Release : 2001
Category : Law
ISBN : 186287350X

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Law as Culture by Kathy Laster Pdf

Law as Culture is a beguilingly accessible, lively and engaging introduction to the law and to legal skills, complete with innovative skills exercises and even some cartoons. It gives the reader a framework for subsequent legal study and for professional life by demystifying the language and culture of the law and by building legal skills. The Extracts, Preface to the 2nd edn and Skills Inventory (below, link above), clearly outline the many strengths of this edition. The book shows how law students are socialised into professional legal culture, and encourages independent thought. It highlights the ways in which law reflects social values and priorities, the place of law as one among many systems of social organisation and problem-solving, and the rise of lawyers as a subculture. This edition has been extensively revised to take account of developments in law such as the results of the 1999 Referendum on the Republic, the debates about a Bill of Rights for Australia, and changes to legal professional practice. The jurisdictional reach has been extended to look at cases and legislation from all Australian States. Black/White relations has been introduced as a recurring theme - materials on Aboriginal Reconciliation, the Wik judgment and the legal and political debate over the Stolen Generations give continuity and perspective. Law as Culture includes clear and accessible accounts of key jurisprudential issues and an extended introduction which sets out the pedagogical assumptions. There are cases and legislation from all Australian States, thorough referencing, and an annotated list of Further Reading in each chapter.

Author : Michael J. Hefferan
Publisher : Routledge
Page : 359 pages
File Size : 52,8 Mb
Release : 2020-08-17
Category : Business & Economics
ISBN : 9781000163537

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Real Property in Australia by Michael J. Hefferan Pdf

Real property in the form of investment, ownership and use pervades almost every aspect of daily lives and represents over 40% of Australia’s wealth. Such assets do not exist in isolation – they are dynamic and forever evolving, impacted by a range of physical, economic, demographic, legal and other forces. Consequently, a true appreciation of individual assets and of the property sector as a whole demands an understanding of both the assets themselves and the context and markets in which they exist. The sector is complex and, on the face of it, confusing. It is however, not without logic and underlying themes and principles. This book provides a wider understanding of how the real property sector works. It covers topics such as the nature of real property and its functions, economic drivers, valuation principles, legal and tenure parameters, property taxation, land development and subdivision, asset and property management and sustainability – all critical components in this complex and critically important sector. It provides a wide and balanced perspective for experienced practitioners, investors, students and anyone involved in property decision-making or wishing to secure a deeper understanding of these areas. The book integrates research-based theory with practical application and first-hand insights into a sector that underpins the Australian economy, its communities and its sustainability.

Author : Nicholas Aroney,Peter Gerangelos,Sarah Murray,James Stellios
Publisher : Cambridge University Press
Page : 697 pages
File Size : 46,5 Mb
Release : 2015-09-11
Category : Law
ISBN : 9780521759182

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The Constitution of the Commonwealth of Australia by Nicholas Aroney,Peter Gerangelos,Sarah Murray,James Stellios Pdf

This book provides an engaging and distinctive treatment for anyone seeking to understand the significance and interpretation of the Constitution.

Author : Anke Bartels,Lars Eckstein,Nicole Waller,Dirk Wiemann
Publisher : BRILL
Page : 406 pages
File Size : 55,6 Mb
Release : 2017-02-13
Category : Literary Criticism
ISBN : 9789004335196

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Postcolonial Justice by Anke Bartels,Lars Eckstein,Nicole Waller,Dirk Wiemann Pdf

Postcolonial Justice addresses a crucial issue in current postcolonial theory: the question of how to reconcile an ethics of diversity and difference with the normative, if not universal thrust that appears to energize any notion of justice.

Author : John Witte,Michael Welker
Publisher : Wipf and Stock Publishers
Page : 289 pages
File Size : 54,8 Mb
Release : 2022-07-28
Category : Religion
ISBN : 9781666750621

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The Impact of the Law by John Witte,Michael Welker Pdf

This volume addresses whether, how, and where laws (variously defined) teach values and shape moral character in late modern liberal societies. Each author recognizes the essential value of state law in fostering peace, security, health, education, charity, trade, democracy, constitutionalism, justice, and human rights, among many other moral goods. Each author also recognizes, however, the grave betrayals of law in supporting fascism, slavery, apartheid, genocide, persecution, violence, racism, and other forms of immorality and injustice. They thus call for state laws that set a basic civil morality of duty for society and for robust freedoms that protect private individuals and private groups to cultivate a higher morality of aspiration. With contributions by Rüdiger Bittner, Brian Bix, Frank Brennan, Allen Calhoun, Robert F. Cochran, Jr., Kenneth John Crispin, Jean Bethke Elshtain, E. Allan Farnsworth, James E. Fleming, M. Cathleen Kaveny, Ute Mager, Linda C. McClain, Reid Mortensen, Patrick Parkinson, Thomas Pfeiffer, Robert Vosloo, Michael Welker, and John Witte, Jr.

Author : Dana Zartner
Publisher : Oxford University Press
Page : 336 pages
File Size : 43,9 Mb
Release : 2014-04-01
Category : Political Science
ISBN : 9780199362110

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Courts, Codes, and Custom by Dana Zartner Pdf

Why is it that some countries comply with international laws, while others disregard them? Courts, Codes, and Custom argues that the degree to which states accept and comply with international legal norms is rooted in a country's domestic legal tradition. Offering a novel cultural-institutional theory to explain this variation, Dana Zartner looks specifically at state policy towards international human rights and environmental law. A state's legal tradition-the cultural and institutional factors that shape attitudes about the law, appropriate standards of behavior, and the legal process-is the key mechanism by which international law becomes recognized, accepted, and internalized in the domestic legal framework. Legal tradition shapes not only perceptions about law, but also provides the lens through which policy-makers view state interests, providing both direct and indirect influence on state policy. In the book, Zartner disaggregates the concept of legal tradition and examines how the individual cultural and institutional characteristics present within a state's domestic legal tradition facilitate or hinder the internalization of international law and, subsequently, shape state policy. This provides explanation for both the differences in international law recognition across legal traditions, as well as the variance among states within legal traditions. To test this theory, she presents a series of comparative case studies. These studies fall under five of the main legal traditions in the world today: common law (U.S. and Australia), civil law (Germany and Turkey), Islamic law (Egypt and Saudi Arabia), mixed traditions (India and Kenya), and East Asian law (China and Japan). Zartner addresses a number of different themes, including the differences among legal traditions as well as between states within the same tradition; the important role that legal culture and history play in shaping contemporary attitudes about law; and similarities and differences in state policy towards human rights law versus environmental law.

Author : Elfriede Hermann
Publisher : University of Hawaii Press
Page : 386 pages
File Size : 46,6 Mb
Release : 2011-09-30
Category : Social Science
ISBN : 9780824860141

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Changing Contexts, Shifting Meanings by Elfriede Hermann Pdf

This book sheds new light on processes of cultural transformation at work in Oceania and analyzes them as products of interrelationships between culturally created meanings and specific contexts. In a series of inspiring essays, noted scholars of the region examine these interrelationships for insight into how cultural traditions are shaped on an ongoing basis. The collection marks a turning point in the debate on the conceptualization of tradition. Following a critique of how tradition has been viewed in terms of dichotomies like authenticity vs. inauthenticity, contributors stake out a novel perspective in which tradition figures as context-bound articulation. This makes it possible to view cultural traditions as resulting from interactions between people—their ideas, actions, and objects—and the ambient contexts. Such interactions are analyzed from the past down to the Oceanian present—with indigenous agency being highlighted. The work focuses first on early encounters, initially between Pacific Islanders themselves and later with the European navigators of the late eighteenth and early nineteenth centuries, to clarify how meaningful actions and contexts interrelated in the past. The present-day memories of Pacific Islanders are examined to ask how such memories represent encounters that occurred long ago and how they influenced the social, political, economic, and religious changes that ensued. Next, contributors address ongoing social and structural interactions that social actors enlist to shape their traditions within the context of globalization and then the repercussions that these intersections and intercultural exchanges of discourses and practices are having on active identity formation as practiced by Pacific Islanders. Finally, two authorities on Oceania—who themselves move in the intersecting space between anthropology and history—discuss the essays and add their own valuable reflections. With its wealth of illuminating analyses and illustrations, Changing Contexts, Shifting Meanings will appeal to students and scholars in the fields of cultural and social anthropology, history, art history, museology, Pacific studies, gender studies, cultural studies, and literary criticism. Contributors: Aletta Biersack, Françoise Douaire-Marsaudon, Bronwen Douglas, David Hanlon, Brigitta Hauser-Schäublin, Peter Hempenstall, Margaret Jolly, Miriam Kahn, Martha Kaplan, John D. Kelly, Wolfgang Kempf, Gundolf Krüger, Jacquelyn Lewis-Harris, Lamont Lindstrom, Karen Nero, Ton Otto, Anne Salmond, Serge Tcherkézoff, Paul van der Grijp, Toon van Meijl.

Author : James R. Silkenat,James E. Hickey Jr.,Peter D. Barenboim
Publisher : Springer
Page : 367 pages
File Size : 50,6 Mb
Release : 2014-05-28
Category : Law
ISBN : 9783319055855

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The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat) by James R. Silkenat,James E. Hickey Jr.,Peter D. Barenboim Pdf

This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. It examines the philosophical and historical background of both concepts, as well as the problem of the interrelation between the two doctrines. The book brings together twenty-five leading scholars from around the world and provides both general and specific jurisdictional perspectives of the issue in both contemporary and historical settings. The Rule of Law is a legal doctrine the meaning of which can only be fully appreciated in the context of both the common law and the European civil law tradition of the Legal State (Rechtsstaat). The Rule of Law and the Legal State are fundamental safeguards of human dignity and of the legitimacy of the state and the authority of state prescriptions.

Author : Susan Bartie
Publisher : Bloomsbury Publishing
Page : 288 pages
File Size : 45,6 Mb
Release : 2019-09-19
Category : Law
ISBN : 9781509922635

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Free Hands and Minds by Susan Bartie Pdf

Peter Brett (1918–1975), Alice Erh-Soon Tay (1934–2004) and Geoffrey Sawer (1910–1996) are key, yet largely overlooked, members of Australia's first community of legal scholars. This book is a critical study of how their ideas and endeavours contributed to Australia's discipline of law and the first Australian legal theories. It examines how three marginal figures – a Jewish man (Brett), a Chinese woman (Tay), and a war orphan (Sawer) – rose to prominence during a transformative period for Australian legal education and scholarship. Drawing on in-depth interviews with former colleagues and students, extensive archival research, and an appraisal of their contributions to scholarship and teaching, this book explores the three professors' international networks and broader social and historical milieux. Their pivotal leadership roles in law departments at the University of Melbourne, University of Sydney, and the Australian National University are also critically assessed. Ranging from local experiences and the concerns of a nascent Australian legal academy to the complex transnational phenomena of legal scholarship and theory, Free Hands and Minds makes a compelling case for contextualising law and legal culture within society. At a time of renewed crisis in legal education and research in the common law world, it also offers a vivid, nuanced and critical account of the enduring liberal foundations of Australia's discipline of law.

Author : Australia. Law Reform Commission
Publisher : Australian Government Publishing Service
Page : 556 pages
File Size : 46,9 Mb
Release : 1986
Category : Aboriginal Australians
ISBN : UCBK:C063319983

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The Recognition of Aboriginal Customary Laws by Australia. Law Reform Commission Pdf

Detailed examination of the scope for recognition of customary laws through existing common law rules; human rights and problems of relativity of standards; contact experience; constitutional aspects; marriage and family structures; recognition of traditional marriage; protection and distribution of property; child custody, fostering and adoption; the criminal justice system; customary law offences; police investigation and interrogation; issues of evidence and procedure including unsworn statements, juries and interpreters; proof of customary law including scope of expert evidence; taking of evidence including group evidence, secrecy and privileged communications; customary methods of dispute settlement; special Aboriginal courts and justice schemes; relations with police; traditional hunting, fishing and gathering practices; relevant case law and legislation considered throughout.

Author : Paul Schiff Berman
Publisher : Oxford University Press, USA
Page : 1133 pages
File Size : 53,9 Mb
Release : 2020-09-24
Category : Law
ISBN : 9780197516744

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The Oxford Handbook of Global Legal Pluralism by Paul Schiff Berman Pdf

"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--