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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.
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.
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.
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
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.
Sixth edition of a guide to Australia's legal system, first published 1974. Discusses the role of courts, law and morality, censorship and international law and human rights. Includes chapters on the origins of the legal system, how laws are made and what the various law courts do. Written in easy to understand language, and includes case studies, cartoons and index. Chisholm is a Judge of the Family Court of Australia and Nettheim is a Professor of Law at the University of New South Wales.
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.
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.
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.
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.