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Macrocriminology and Freedom »

Authored by: John Braithwaite
Publication date: 2021
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, including freedom from crime.

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Traversing the Divide »

Honouring Deborah Cass’s Contributions to Public and International Law

Edited by: Kim Rubenstein
Publication date: March 2021
‘While devoting fine attention to the stuff of everyday life, Deborah Cass was also a brilliant scholar. Although the deep sense of loss and sadness at Deborah’s death remains, it is wonderful to have her writings as a continuing source of inspiration and consolation. In them, we continue to hear Deborah’s firm, clear voice, her appreciation of language, her seriousness, her curiosity, her sensitivity and her wry humour.’ —Professor Hilary Charlesworth This collection honours the work of Deborah Cass, 15 February 1960 – 4 June 2013, a brilliant Australian constitutional and international lawyer. Deborah studied at the University of Melbourne and Harvard Law School and taught at Melbourne Law School, The Australian National University and the London School of Economics. A member of The Australian National University’s Centre for International and Public Law from 1993 to 2000, Deborah’s work offered illuminating new perspectives in a range of fields, from the right to self-determination, critical international legal theory, and feminist legal theory to the international trade law system. The title of this edited collection draws on one of her articles, ‘Traversing the Divide: International Law and Australian Constitutional Law’ (1998) 20 Adelaide Law Review 73. This book evolves from a symposium held to draw together academics from around the globe to reflect on Deborah’s extensive scholarship and contributions to public law and international law, and to examine how her work is of value to current domestic and international law issues. The pieces selected for this volume both remind us of Deborah’s outstanding academic career and provide important insights on current public law and international law pressing issues.

Towards Human Rights Compliance in Australian Prisons »

Authored by: Anita Mackay
Publication date: November 2020
Imprisoned people have always been vulnerable and in need of human rights protections. The slow but steady growth in the protection of imprisoned people’s rights over recent decades in Australia has mostly come from incremental change to prison legislation and common law principles. A radical influence is about to disrupt this slow change. Australian prisons and other closed environments will soon be subject to international inspections by the United Nations Subcommittee on the Prevention of Torture (SPT). This is because the Australian Government ratified the Optional Protocol to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) in December 2017. Australia’s international human rights law obligations as they apply to prisons are complex and stem from multiple Treaties. This book distils these obligations into five prerequisites for compliance, consistent with the preventive focus of the OPCAT. They are: reduce reliance on imprisonment align domestic legislation with Australia’s international human rights law obligations shift the focus of imprisonment to the goal of rehabilitation and restoration support prison staff to treat imprisoned people in a human rights–consistent manner ensure decent physical conditions in all prisons. Attention to each of these five areas will help all levels of Australian government and prison managers take the steps required to move towards compliance. Human-rights led prison reform is necessary both to improve the lives of imprisoned people and for Australia to achieve compliance with the international human rights legal obligations to which it has voluntarily committed itself.

Critical Perspectives on the Scholarship of Assessment and Learning in Law »

Volume 1: England

Publication date: July 2019
The Assessment in Legal Education book series offers perspectives on assessment in legal education across a range of Common Law jurisdictions. Each volume in the series provides: Information on assessment practices and cultures within a jurisdiction. A sample of innovative assessment practices and designs in a jurisdiction. Insights into how assessment can be used effectively across different areas of law, different stages of legal education and the implications for regulation of legal education assessment. Appreciation of the multidisciplinary and interdisciplinary research bases that are emerging in the field of legal education assessment generally. Analyses and suggestions of how assessment innovations may be transferred from one jurisdiction to another. The series will be useful for those seeking a summary of the assessment issues facing academics, students, regulators, lawyers and others in the jurisdictions under analysis. The exemplars of assessment contained in each volume may also be valuable in assisting cross-jurisdictional fertilisation of ideas and practices. This first volume focuses on assessment in law schools in England. It begins with an introduction to some recent trends in the culture and practice of legal education assessment. The first chapter focuses on the general regulatory context of assessment and learning in that jurisdiction, while the remainder of the book offers useful exemplars and expert critical discussion of assessment theories and practices. The series is based in the PEARL Centre (Profession, Education and Regulation in Law), in The Australian National University’s College of Law.

Dog Days »

Made in China Yearbook 2018

Publication date: April 2019
According to the Chinese zodiac, 2018 was the year of the ‘earthly dog’. In the middle of the long, hot, and feverish dog days of the summer of 2018, some workers at Shenzhen Jasic Technology took their chances and attempted to form an independent union. While this action was met by the harshest repression, it also led to extraordinary demonstrations of solidarity from small groups of radical students from all over the country, which in turn were immediately and severely suppressed. China’s year of the dog was also imbued with the spirit of another canine, Cerberus—the three-headed hound of Hades—with the ravenous advance of the surveillance state and the increasing securitisation of Chinese society, starting from the northwestern region of Xinjiang. This Yearbook traces these latest developments in Chinese society through a collection of 50 original essays on labour, civil society, and human rights in China and beyond, penned by leading scholars and practitioners from around the world.

The Court as Archive »

Publication date: February 2019
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.

Making Copyright Work for the Asian Pacific »

Juxtaposing Harmonisation with Flexibility

Publication date: October 2018
This book provides a contemporary overview of developing areas of copyright law in the Asian Pacific region. While noting the tendency towards harmonisation through free trade agreements, the book takes the perspective that there is a significant amount of potential for the nations of the Asian Pacific region to work together, find common ground and shift international bargaining power. Moreover, in so doing, the region can tailor any regional agreements to suit local needs. The book addresses the development of norms in the region and the ways in which this can occur in light of the specific nature of the creator–owner–user paradigm in the region and the common interests of Indigenous peoples.

The Neoliberal State, Recognition and Indigenous Rights  »

New paternalism to new imaginings

Edited by: Deirdre Howard-Wagner, Maria Bargh, Isabel Altamirano-Jiménez
Publication date: July 2018
The impact of neoliberal governance on indigenous peoples in liberal settler states may be both enabling and constraining. This book is distinctive in drawing comparisons between three such states—Australia, Canada and New Zealand. In a series of empirically grounded, interpretive micro-studies, it draws out a shared policy coherence, but also exposes idiosyncrasies in the operational dynamics of neoliberal governance both within each state and between them. Read together as a collection, these studies broaden the debate about and the analysis of contemporary government policy. The individual studies reveal the forms of actually existing neoliberalism that are variegated by historical, geographical and legal contexts and complex state arrangements. At the same time, they present examples of a more nuanced agential, bottom-up indigenous governmentality. Focusing on intense and complex matters of social policy rather than on resource development and land rights, they demonstrate how indigenous actors engage in trying to govern various fields of activity by acting on the conduct and contexts of everyday neoliberal life, and also on the conduct of state and corporate actors.

Gilded Age »

Made in China Yearbook 2017

Publication date: April 2018
According to the Chinese zodiac, 2017 was the year of the ‘fire rooster’, an animal often associated with the mythical fenghuang, a magnificently beautiful bird whose appearance is believed to mark the beginning of a new era of peaceful flourishing. Considering the auspicious symbolism surrounding the fenghuang, it is fitting that on 18 October 2017, President Xi Jinping took to the stage of the Nineteenth Party Congress to proclaim the beginning of a ‘new era’ for Chinese socialism. However, in spite of such ecumenical proclamations, it became immediately evident that not all in China would be welcome to reap the rewards promised by the authorities. Migrant workers, for one, remain disposable. Lawyers, activists and even ordinary citizens who dare to express critical views also hardly find a place in Xi’s brave new world. This Yearbook traces the stark new ‘gilded age’ inaugurated by the Chinese Communist Party. It does so through a collection of more than 40 original essays on labour, civil society and human rights in China and beyond, penned by leading scholars and practitioners from around the world.

A Long Way to Go »

Irregular Migration Patterns, Processes, Drivers and Decision-making

Publication date: December 2017
A Long Way to Go: Irregular Migration Patterns, Processes, Drivers and Decision-making presents the findings of a unique migration research program harnessing work of some of the leading international and Australian migration researchers on the challenging and complex topic of irregular maritime migration. The book brings together selected findings of the research program, and in doing so it contributes to the ongoing academic and policy discourses by providing findings from rigorous quantitative, qualitative and mixed methods research to support a better understanding of the dynamics of irregular migration and their potential policy implications. Stemming from the 2012 Expert Panel on Asylum Seekers report, the Irregular Migration Research Program commissioned 26 international research projects involving 17 academic principal researchers, along with private sector specialist researchers, international organisations and policy think tanks. The centrepiece of the research program was a multi-year collaborative partnership between the Department of Immigration and Border Protection and The Australian National University’s Crawford School of Public Policy. Under this partnership, empirical research on international irregular migration was commissioned from migration researchers in Australia, Indonesia, Iran, the Netherlands, Sri Lanka and Switzerland.