The first part provides the social and political contexts for legal history in medieval and early modern England and America, explaining the English law which came to Australia in 1788. This includes:
The origins of the common law
The growth of the legal profession
The making of the Magna Carta
The English Civil Wars
The Bill of Rights
The American War of Independence.
The second part examines the development of the law in Australia to the present day, including:
The English criminal justice system and convict transportation
The role of the Privy Council in 19th century
Indigenous Australia in the colonial period
The federation movement
Constitutional Independence
The 1967 Australian referendum and the land rights movement.
The comprehensive coverage of several centuries is balanced by a dynamic writing style and tools to guide the student through each chapter including learning outcomes, chapter outlines and discussion points.
The historical analysis is brought to life by the use of primary documentary evidence such as charters, statutes, medieval source books and Coke's reports, and a series of historical cameos - focused studies of notable people and issues from King Edward I and Edward Coke to Henry Parkes and Eddie Mabo - and constitutional detours addressing topics such as the separation of powers, judicial review and federalism.
A Legal History for Australia is an engaging textbook, cogently written and imaginatively resourced."
The Australian
Journal of Law and Religion is the first journal specifically devoted
to law and religion issues in the South Pacific region. The intersection of law
and religion has not only had tremendous influence historically on the world,
but continues to pose fresh challenges, controversies, and possibilities. In
the past few years, scholarly discussion and public debate in Australia has
been devoted to law and religion concerns—the school chaplaincy debate, the
Ruddock Review, religious exemptions and discrimination in schools, the Folau
controversy, and more. The ongoing discussions regarding the proposed
Commonwealth law on religious discrimination will only spur further consideration
and scholarship. This is a scholarly
area that encompasses deep historical study, wide-ranging knowledge of
different faith traditions, political cross-currents, and ever-changing public tension.
Simply put, the connection and conflict between law and religion is only going
to grow increasingly prominent in a globalised, multicultural society. The Australian
Journal of Law and Religion is a natural home for this kind of
scholarship and will serve as the first place readers and researchers turn when
looking for new developments in the field.
It will be available in both print and online through Gold Open Access.
The editors now invite contributions to the inaugural issues of the Australian Journal of Law and Religion. There is no fee for authors.
· * Articles should be 6,000 to 8,000 words in length and will undergo peer review. Contributions that are purely theological, sociological, or political will not be considered, but interdisciplinary work involving these fields in connection with law and religion will be welcomed. Articles involving any area of law are welcomed, and for example may involve the sub-disciplines of public law (constitutional claims of freedom of religion or church-state neutrality), employment law (religious discrimination claims), private law (the corporate structures, taxation and charity law obligations, and property interests of religious entities), and international law (human rights guarantees).
· * Book review submissions should be no more than 1,000 words in length and must be on a book published in the past eighteen months.
· * Special topic forum submissions should be 800-1000 words in length. The topic for the inaugural special forum is “The Future of Law and Religion in Australia”.
Submissions for the inaugural issue are due via e-mail by 1 March 2022.
Website:
www.ausjlr.com || E-mail: editorsAJLR@gmail.com || Twitter:
@AusJLR
"Dispute management processes are becoming the norm as a precursor, or an alternative, to traditional court-based litigation. Dispute Management is a clear and concise introduction to an expansive range of dispute processes. Beginning with communication theory and practice, and the historical, philosophical and cultural considerations of dispute management, the book then addresses the traditional topics of negotiation, mediation and litigation, as well as interviewing, collaborative law and arbitration. Each topic is well-researched, offering the necessary depth, socio-legal considerations and balanced coverage of theory and practice. Chapters address relevant ethical and cultural issues and is supported by array of interesting examples that promote discussion. Case studies at the end of each chapter link theory to practice and present disputes between neighbours, conflict in the workplace and cases that make it to trial. Offering a combination of theoretical insights and practical information Dispute Management is a vital resource for students, lawyers and dispute practitioners."
Dr Jeremy Patrick, a Lecturer in the USQ School of Law and Justice, has written three invited contributions over the past year to special topic blogs for the International Center for Law and Religion Studies. The posts are part of the following series:
Freedom of Religion or Belief--Creating the Constitution Space for Fundamental Freedoms
Individualization of Religious Beliefs, Secularization and Religion-State Relations
Dignitatis Humanae 2.0: Religious Freedom for the Good of All
Professor Anthony Gray of the USQ School of Law and Justice has published a new article titled 'The Australian Government's Use of the Military in an Emergency and the Constitution'. The article appears in Volume 44(1) of the University of New South Wales Law Journal. Here is the abstract:
"Australia has recently endured a very trying bushfire season and is currently enduring a worldwide pandemic with COVID-19. These events raise very significant legal issues, including the powers of the federal government to deal with emergency situations. A particularly noteworthy feature of the federal government’s response to these crises has been the use of Defence Force personnel to implement its policy decisions. This article considers the federal government’s powers to respond to emergency situations, including the use of the military."
Associate Professor Andrew Hemming of the USQ School of Law and Justice has co-written (along with Brianna Chesser) the new 9th edition of Evidence: Commentary and Materials (ThomsonReuters, 2021). Here is the publisher's description and the table of contents:
"Evidence: Commentary and Materials 9th Edition introduces general principles and theoretical perpsectives of the law of evidence, covering all Australian jurisdictions and explaining State by State variations.
Professor Simon Young of the USQ School of Law and Justice has co-written (with Tina Cockburn, Lindy Wilmott, and Ben White) a new article titled 'Legal Challenges to ICU Triage Decisions in the Covid-19 Pandemic: How Effectively does the Law Regulate Bedside Rationing Decisions in Australia?' The article appears in Volume 44(1) of the University of New South Wales Law Journal. Here is the abstract:
"The COVID-19 pandemic has raised the difficult question of how to ration scarce intensive care resources when a health system is overwhelmed. Despite substantial ethical scholarship addressing these rationing decisions, little is known about the legal position in Australia. This article considers various legal challenges in response to a clinical scenario denying intensive care admission and a ventilator to a critically ill patient with COVID-19. The article considers key challenges in negligence, criminal law, administrative law, human rights law, and under the parens patriae jurisdiction and guardianship legislation, and how they would apply to this scenario. The article concludes that while there are many obstacles to a successful legal challenge, the law can provide important scrutiny and guidance in the design of decision-making processes and triage policies. To adequately protect individual interests, the article supports calls in the ethical literature to make these policies transparent for public scrutiny."
Professor Anthony Gray of the USQ School of Law and Justice has published an important new book titled The Evolution from Strict Liability to Fault in the Law of Torts (Hart Publishing, 2021). Here is the publisher's summary:
"Gradually, the law of tort has shifted away from a strict-liability approach to one where fault predominates. This book charts important case law documenting this shift. It seeks to understand how and why it occurred. Given that the Rylands v Fletcher decision is typically seen as a prime exemplar of strict liability, it focusses particularly on that case, as part of the historical development of tort law. It considers the intellectual arguments made in favour of strict liability, and for fault-based liability. Having done so, it then focusses on particular areas of the law of tort, including nuisance, defamation and trespass. It is somewhat anomalous that though most would view these as examples of torts of strict liability, fault considerations have become prominent in their application. This presents an uneasy compromise, where torts that are notionally strict in nature are infused with fault considerations, often through exceptions or defences. This book advocates for further development in the law of tort to better reflect a primarily fault-based approach to liability, at least in the common law. This would make the law of tort more coherent."
The Colloquium:
The Law, Religion, and Heritage Research Program Team at the University of
Southern Queensland is hosting a colloquium titled Arbiters of Justice: Historical Studies of Southern Queensland
Lawgivers.
Date: 26 November 2021
Venue:
USQ Ipswich Campus, Room I-109
Note:
Physical attendance is warmly encouraged, but a Zoom option will be available.
Invitation: Academics,
members of the legal community, local historians, and anyone with an interest
in the topic are invited to participate.
The colloquium’s reference to “lawgivers” is intended broadly to
encompass a wide range of people responsible for making and administering the
law, including Aboriginal and Torres Strait Islander elders, colonial governors,
and notable jurists. The link these
individuals have to southern Queensland can take different forms, and will also
be interpreted flexibly. Contributions
may include biographical studies, analyses of important decisions, reflections
on the role that religion or spirituality played in the lawgiver’s life, and
more.
What is required to participate? Presentations should be 15-20 minutes to
duration, with time for questions to follow after. Presentations should be supported by a
completed paper or work-in-progress suitable for distribution to other
participants. Should sufficient numbers
of quality papers be received, the opportunity to contribute to an edited
collection may become available after the colloquium.
Are you interested in contributing? Please register
your interest in presenting at the colloquium by contacting Dr. Jeremy Patrick
<jeremy.patrick@usq.edu.au>, Convenor of the Law, Religion, and Heritage
Research Program Team. You are asked to submit a short (100-250 word) precis of
your planned presentation by 1 October
2021.
Are you interested in
attending? Please RSVP with Dr
Jeremy Patrick <jeremy.patrick@usq.edu.au> by 1 October 2021. There is no cost to attend.
"This paper considers United Kingdom and United States high court developments in relation to refusal of service to a same-sex individual and same sex couple, based on religious grounds. It considers how similar issues would likely be resolved under current anti-discrimination legislation in Australia."
"This article considers the hazards posed by marine stingers (notably Irukandjis) to recreational divers and snorkelers through the lens of Queensland’s unique workplace health and safety regulatory regime. The sustainability of diving and snorkelling tourism is highly dependent on the quality and safety of the services provided. The regime already contemplates the role of operators, the impact of sting-protective swimwear and other matters. An independent review of the State’s workplace laws in 2017 influenced changes to the law to improve its clarity, enforcement and prosecutions. However, this article argues that in relation to the management of marine stinger risks, with further slight adjustments to enhance clarity and consistency, the regulatory framework could achieve greater effectiveness in terms of compliance. This is important in a harmonised regulatory system. Other jurisdictions in Australia facing dangerous jellyfish hazards can refer to Queensland’s laws as a model of industry standards for the provision of safer recreational water activities. The article concludes with practical recommendations."
"University administered Student Evaluation of Teaching surveys, while used primarily by educators and their managers to review and improve the quality of courses and teaching, can also be used by universities’ marketing campaigns and websites as a means of stressing their institution’s student friendliness and responsiveness to students’ needs. Changes in assessment practices is one way that tertiary institutions are responding to students’ preferences. However, there is a lack of understanding of the underlying factors that moderate decisions about assessment changes. The purpose of this paper is to examine whether or not a meaningful body of research concerning student ‘choice’ in higher education assessment exists, and how the extent of student ‘choice’ may change in the future. Emphasis has been placed on the assessment methods adopted in law and professional degrees in Australia. However, a broad review of international research from other relevant higher education discipline areas has also been undertaken in this paper."
Professor Pauline Collins of the USQ School of Law and Justice has published a new article titled 'Taking an action reflective assessment approach when teaching dispute management'. The article appears in Volume 18(1) of the Journal of University Teaching & Learning Practice. Here is the abstract:
Dr Kerstin Braun, a Senior Lecturer at the University of Southern Queensland School of Law and Justice, has published a new article titled 'A Close Look at the German and Australian Anti-FGM Framework: Concerns About Equal Protection and Equal Application'. The article is co-written with Martin Brose and appears in Volume 15(12) of the Review of International Criminal Law Doctrine. Here is the abstract:
"Estimates suggest that on a global scale more than 200 million females are living with Female Genital Mutilation (‘FGM’). During FGM, female genital organs are altered or injured to varying degrees without a medical purpose. While the practice mostly affects girls and women in some African, Asian and Middle-Eastern countries, cases of FGM have also been reported in Western states, including Germany and Australia. Both are states which have recently seen an increase in immigration, including from countries where FGM is traditionally practiced. In the international context, the issue is consistently discussed as a human rights violation and states are called upon to ensure that the relevant practices are criminalised. Over past decades, an increasing number of Western and African countries, including Germany and Australia, have responded to this phenomenon by enacting additional criminal laws specifically addressing the act of FGM.
This article first provides a brief introduction to the issue including how the World Health Organisation (‘WHO’) defines FGM and how the debate on FGM is framed in the international context. It subsequently analyses the anti FGM laws introduced in Germany and Australia identifying similarities and differences. The analysis informs subsequent debate on whether the laws could be discriminatory in nature or applied arbitrarily based on two considerations. Firstly, the laws aim to protect migrant girls from harmful traditional practices and therefore exclusively focus on female genitals. This could be discrimination based on sex if male circumcision of infants and boys is a comparable practice and male and female procedures are treated differently without legitimate justification. Secondly, while the wording of the criminal laws suggests that they apply to all alterations of female genitals without a medical purpose, in practice, in both countries, they have been interpreted to only relate to traditional procedures excluding female genital cosmetic surgeries and genital piercings, performed with increasing popularity in the West. The article concludes that the legitimacy of the anti-FGM framework is doubtful in Germany and Australia based on these considerations and analyses avenues suggested to overcome these inconsistencies. It concludes that while some of the suggested approaches result in less protection for children too young to consent and are therefore undesirable, others are unlikely to find support in practice in Germany and Australia due to ‘pragmatic’ and political reasons as well as international pressure. This creates the problematic situation that the current anti-FGM framework will continue to operate in the two countries. The article closes by questioning whether governments can expect compliance with arbitrary criminal laws and relatedly whether these laws can have the desired impact on those who they are trying to protect in practice – girls with migrant backgrounds."
Professor Anthony Gray of the USQ School of Law and Justice has published a new article titled 'Corporations and their Contributions to Public Debates'. The article appears in Volume 36(1) of the Australian Journal of Corporate Law. Here is the abstract:
Professor Anthony Gray of the USQ School of Law and Justice has published an important new article titled 'Executive Detention in the Time of a Pandemic'. The article appears in Volume 27(4) of the Australian Journal of Administrative Law. Here is the abstract:
