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LLHAA Conference Abstracts

Following is a list of all abstracts with summary accepted for presentation at the Law, Literature and Humanities Association of Australasia (LLHAA) 2019 Annual Conference. Abstracts are sorted alphabetically by paper title. Click on the title or ‘read more’ link to see full information.  You can also locate papers by using the A-Z index of all abstracts by title or the A-Z index of all authors and institutions

Justice as a multisensory aesthetic experience

Associate Professor Mónica López Lerma Reed College Drawing on the works on law and the senses of Desmond Manderson and David Howes, this paper examines the “aesthetic frames” that configure the sense (i.e. the sensory perception and signification) of justice. Justice, as it is understood here, is not an abstract category or general disposition that we would all share as members of the human race; nor is it a set of procedures for reaching decisions, or a set of substantive outcomes naturally...

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Justices of the Peace and Frontiers of Colonial Criminalization

Professor George Pavlich University of Alberta Justices of the Peace played an important role in creating accusatory gateways to criminal justice as colonial law took form in various 19th century contexts. This paper analyses that role by way of an example; namely, how the Dominion of Canada authorized JPs to assert criminal jurisdiction over what is today called Alberta, in the decade following the NWMP’s arrival in 1874. Through an analysis of contemporary Handbooks and Guides for Justices...

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Kim Kardashian, Attorney: Keeping Up with the Apocalypse

Dr Diana Shahinyan Sydney University Dr Ari Mattes University of Notre Dame Australia Learning the title and theme of this year's LLHAA conference, on the same day that US Vogue, in its cover story on the indefatigable, powerhouse celebrity, Kim Kardashian, reported the star's decision to study law, felt appropriately disquieting. We live in the age of the anthropocene, but what does that mean for law? If the clarity and power of the Law is rooted in its dependence on history - on...

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La Frontera Violenta: The bBorder wall and Mexican reimaginings of ‘Western’ colonial narratives

Dr Jo Bird Southern Cross University In 2019, Mexican President Andrés Manuel López Obrador called upon Pope Francis and King Felipe VI of Spain to apologise for the colonial abuses of the Indigenous peoples of Mexico during its conquest 500 years ago.  In 1848, Mexico entered the Treaty of Guadalupe Hidalgo, ceding around half of its territory at gunpoint to the United States.  Tensions between the two nations continue to remain high, in for example, Trump’s rhetoric over the border wall and...

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Law and Embodiment in Dystopian Science Fiction: Altered Carbon and Six Wakes

Dr Heather Humann Florida Gulf Coast University Mur Lafferty’s novel Six Wakes (2017) and the Netflix television series Altered Carbon (2018-present), created by Laeta Kalogridis and based on a novel written by Richard K. Morgan, both portray futuristic societies wherein death as we conceive of it has been rendered nearly obsolete because of  technological advancements. In the case of Altered Carbon, the series imagines a twenty-fourth century dystopian society which relies on alien technology...

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Law and the Noticing Body

[icon name="home" class="" unprefixed_class=""] Law In/And/As Performance Panel Home Associate Professor Marett Leiboff School of Law, University of Wollongong The conditions and circumstances of our lives are deeply etched in our bodies - ‘it is not that the body remembers, but that the body itself is memory’, as Richard Cieślak said of Jerzy Grotowski’s theatre practice. Once embedded, the body holds within it the ability to notice or register the circumstances of law, in an instant before...

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Law In/And/As Performance (PANEL HOME)

Mr Sean Mulcahy School of Law, University of Warwick / Centre for Theatre and Performance, Monash University Associate Professor Marett Leiboff School of Law, University of Wollongong Mr Danish Sheikh Melbourne Law School, University of Melbourne Sean Mulcahy: Legal Audiences: Breaking Law’s Fourth Wall Dr Marett Leiboff: Law and the Noticing Body Danish Sheikh: Performing Contempt

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Law, protest, disruption and universities in South Africa

Professor Danie Brand University of the Free State Student protests in South Africa since 2015 confront South African public universities with the question how to enable and foster the disruptive and discomfiting contestation of ideas and positions that protest expresses and that is of the essence of the university itself, in the face of calls for the restoration of stability, continuity and ‘law and order’. In my paper I explore this question. I ask how to safeguard the essential disruptive...

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Legal Audiences: Breaking Law’s Fourth Wall

[icon name="home" class="" unprefixed_class=""] Law In/And/As Performance Panel Home Sean Mulcahy School of Law, University of Warwick / Centre for Theatre and Performance, Monash University Just as justice must be seen to be done, a performance cannot exist without an audience. Observers are crucial to the system of justice, but are often overlooked in legal scholarship. The audience to a court performance is made up of a number of different groups who have an interest in it: whether that...

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Like Tears in the Rain: examining the legal implications of love and humanity in dystopic film

Hugh Cullimore Australian National University This paper explores the dehumanisation of the people in dystopic societies through a study of law enforcing protagonists in the seminal science-fiction films Blade Runner (1982) and Soylent Green (1973). This paper will argue that it is this dehumanisation which ultimately leads to the protagonists’ downfalls and this process of dehumanisation is illustrative of a broader social phenomenon, such as those seen in 20th century communism. This paper...

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Listening beyond crisis: attention, duration and endurance in how are you today

[icon name="home" class="" unprefixed_class=""] how are you today: What can we hear beyond crisis, sound, and the carceral on Manus? Panel Home Dr Poppy de Souza University of Melbourne From the ‘stop the boats’ rhetoric of Operation Sovereign Borders to #KidsoffNauru and #BringThemHere to the 2018 Migration Amendment Bill (or ‘Medivac’ bill)—legal, discursive and spatiotemporal logics of crisis are used to both defend Australia’s offshore detention regimes in the name of state securitization,...

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Living with Media

Benjamin Goh London School of Economics and Political Science (LSE) 'The pervasive use of a medium of communication in a civilisation renders life and flexibility increasingly difficult to maintain.' Arising in the late communications work of Harold A. Innis, this suggestion from the mid-twentieth century seems to ring true in the digital present where the hegemony of social media shows few signs of weakening. Consider the second episode of the latest instalment of the Netflix series 'Black...

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Material violence: Foundations of law and state?

 Still Lives: Mining Myopia Panel Home Dr Bronwyn Lay RMIT Bronwyn Lay proposes that law and the nation state are underpinned not only by social, but also material violence. She will explore the possibilities of material violence being normatively and legally recognised and discuss the legal configurations and prohibitions that may occur. Would current mining practices survive such a reform? Dr. Bronwyn Lay is the Ecological Justice Coordinator for Jesuit Social Services and Coordinator of the...

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Memorialisation after Catastrophe: On Law, Loss and Collective Reckoning (PANEL HOME)

Professor Alison Young The University of Melbourne Associate Professor Juliet Rogers The University of Melbourne Dr Dave McDonald The University of Melbourne Alison Young: On Memory after Disaster: For a hauntological approach to crime Dr Juliet Rogers: Remnants of Voice: Understanding the role of voice in managing politically heightened trauma Dave McDonald: The Work of Acknowledgment: Loud Fence, Ballarat and the Aftermath of Institutional Child Sexual Abuse

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Mining Meaning When Matter & Meaning Emerge Together

 Still Lives: Mining Myopia Panel Home Dr Jana Norman University of Adelaide I invite into the conversation about mining a construct of non-dualised human identity developed out of insights emerging from various new materialisms and posthuman critical theory. What happens to the way we think about, go about and relate to mining when the foundational, dualising assumptions that underpin Western culture are challenged by the new ethico-onto-epistemology of intra-activity? What is mining – and...

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Multiple Identities? Real world, replicants and representations

Elizabeth Englezos Griffith University It is now possible to make a physical replica of a person from their digital data and images – a  signifier that can exist in the same material space as the signified. From digital data and images, 3-D printing and other technologies allow increasingly accurate reproductions of a real person. This person may not wish to be reproduced. However, the law offers minimal remedies unless this signifier is 'published' or applied for commercial benefit. The essay...

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Native Dignity

Dr Shane Chalmers Melbourne Law School The article presents a reading of the painting Native Dignity (1860) by the Anglo-Australian artist, S T Gill. By treating the painting as both artefact and artwork, as both historically produced and histrionically productive, the reading shows how it registers the violence of British colonialism in Australia while tweaking at the nerves of its European audiences. In treating the painting first as an artefact, the article shows how a European discourse of...

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On Memory after Disaster: For a hauntological approach to crime

[icon name="home" class="" unprefixed_class=""] Memorialisation after Catastrophe: On Law, Loss and Collective Reckoning Panel Home Professor Alison Young The University of Melbourne The landscape of a city is a cartography of violence. Whether carried out by agents of the state, arising in interpersonal disputes, or merely the result of accident or chance, violence threads through urban spaces, sometimes rendered visible by official markers such as plaques and statues, but more likely...

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On Unintended Consequences: why there is no such thing, and why it matters

Dr Richard Mohr Affiliation: Social Research, Policy & Planning The end of life on Earth as we’ve known it can be seen as the result of unintended consequences. We’ve burnt fossil fuels, invented plastics and cleared land. We never meant to destroy life on Earth. Oops! Intention assumes we form the idea of a project, and then execute it. This paper questions that formula. I will show that the arrow of time does not shoot clean from project, through intention, to product. I consider how...

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Pathogeographies: Resituating the legal temporalities of climate crisis

Dr Starla Hargita Australian Catholic University Drawing on the artist collective Feel Tank's project on the urban experience of political affect, Pathogeographies, this paper investigates the affect of temporality found in the climate crisis and how this affective urgency has already presented in Gloucester Resources Limited v Minister for Planning [2019] NSWLEC 7.  Mapping the political affect of Pathogeographies and its historical moment in the politics of parties, regimes, and legislative...

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Performing Contempt

[icon name="home" class="" unprefixed_class=""] Law In/And/As Performance Panel Home Mr Danish Sheikh Melbourne Law School, University of Melbourne In 2017, I wrote a play titled Contempt that edited exchanges from the transcripts of the Indian Supreme Court’s hearings in the Suresh Kumar Kaushal v. Naz Foundation case and juxtaposed those alongside a series of accounts from the lives of queer Indians. Those hearings would eventually lead to a widely criticised decision in 2013 that upheld the...

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Players, Gamers and Fans: The Occupiers of the Legal Persona

Dr Ashley Pearson University of Sunshine Coast / Griffith University This article interrogates the distinctions between identities of ‘players’, ‘gamers’ and ‘fans’, a difference that goes beyond a squabble over semantics but instead posits that each iteration of player, gamer, and fan is a different occupier of the legal persona. The 'player' avatar is the empty mask as first envisioned by positive law, the persona is a device for citizens to play their intended role on the legal stage and an...

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Post human justice after the plague: Scalzi’s Lock In universe

Ms Joanne Stagg Griffith University John Scalzi’s science-fictional Lock In universe features a world altered by plague.  In this world, a highly contagious virus swept the globe, leaving 1% of its victims locked in to their bodies, but fully awake and aware.  25 years after this plague swept the globe, locked in sufferers of “Haden’s Syndrome” access the world through 3 methods: using “threeps,” cyborg bodies into which they upload their consciousness, using human “integrators” who act as...

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Post-apocalypse in Ernst Junger’s Eumeswil

Dr. Camelia Raghinaru Concordia University Irvine This paper seeks to engage Carl Schmitt’s political theology his use of the two figures of Prometheus and Epimetheus in developing his counter-modernity and eschatological theories. In the conflict between political theology and myth, Schmitt’s counter-mythical employment of the figures of Epimetheus and the katechon are also a way of countering the mythicization of technology in modernity, which is also an attempt to replace politics and the...

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