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Survive, Thrive Die. Law in End Times.

Law and Society Association of Australia and New Zealand (LSAANZ) Conference Abstracts

Following is a list of all abstracts with summary accepted for presentation at the Law and Society Association of Australia and New Zealand  (LSAANZ) 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.

Forgive Us Our Trespasses: Truth Claims, Transparency and the Demonization of Animal Activists

Anne Schillmoller Independent Scholar An increasing political and corporate antagonism towards animal activists has resulted in a dismissive posture towards those variously characterised as 'green collared criminals', 'shameful',  'un-Australian' , 'virtue-signalling thugs' , ‘vegan vigilantes’ and ‘domestic terrorists’.  With reference to the Right to Farm Bill 2019 (NSW) and the Criminal Code Amendment (Agricultural Protection) Bill 2019  (C’th) this paper will i) identify the truth claims...

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Giving up on species in place – Geography, the EPBC Act and the Tasmanian devil

Brad Jessup The University of Melbourne The Tasmanian devil, sarcophilus harrisii, endemic to its home state, is listed as endangered in Australian law and IUCN’s Red Book. By virtue of its endangered status, adverse effects on the species and conservation goals designed to protect the species must be considered in the making of decisions about project developments by the Australian government.  There are parts of Tasmania where the devil population is thought to be in good health and numbers,...

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Historical Abuse: The New Justice Crisis

Naomi-Ellen Speechley University of Manchester Historical sexual abuse (HSA) allegations have dominated the last decade. Large-scale inquiries in Australia and England both exposed endemic institutional failures, each making extensive recommendations to ensure victims achieve justice. In England, high-profile HSA scandals triggered reactionary changes in the justice system – as so many abusers had not been brought to justice, goalposts were moved to increase HSA convictions. However, this also...

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I ain’t dead, I ain’t done – Freedom of association at work and the reinvention of law and accounting

Amanda Reilly Victoria University of Wellington Freedom of association is recognised by the International Labour Organisation 1998 Declaration on Fundamental Principles and Rights at Work as a fundamental human right. It is a particularly important work right in that it empowers workers to protect their other work rights. Global supply chains make it difficult for nation states to protect work rights and it is increasingly apparent that voluntary corporate social responsibility has...

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Images of ‘evil’ and ‘hell’: International Law and Argentina’s 1983 Truth Commission

Valeria Vázquez Guevara University of Melbourne Law School This paper examines how the literary trope of ‘evil’ and ‘hell’ have been used in the final report of Argentina’s 1983 truth commission, a memoir and legal-political history book by Carlos Nino (Argentine jurist and intellectual designer of thetruth commission and the 1984 Junta Trials), and an essay by Ronald Dworkin (the prominent US jurist and friend of Nino) revisiting and analysing Argentina’s transition to democracy. The analysis...

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Indigenous law in post-colonial Ireland and Australia

Séamus Krumrey-Quinn University of Adelaide In 1992 the Australian High Court handed down its landmark judgement recognising native title, Mabo (No 2) (1992) 175 CLR 1. Amongst the British cases cited in support of recognition was Le Case de Tanistry (1608)  Davis 28; 80 ER 516, a decision of the Court of King’s Bench sitting in Dublin. Although Le Case de Tanistry recognised for the first time that the indigenous law of a colony was capable of being recognised by and applied under English...

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Integrating climate change adaptation actions into legal and policy frameworks for achieving Sustainable Forest Management: Lessons from Australia

Caterina Guidi UNSW, Faculty of Law, Sydney Climate change has already negatively impacted on forest ecosystems, species, genetic diversity, and ecological interactions. Sustainable Development Goal 15 (SDG15) recognizes that forests have important economic, environmental, social and cultural values while acknowledging that each country should seek the appropriate balance of these values, reflecting its own goals, needs and circumstances. Central to achievement of SDG15 is the concept of...

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Law stories of wellbeing and small business: choose your own utopic, dystopic or myopic interpretations

Emma Babbage Southern Cross University Let me suspend your disbelief and tell you that you, as the intended audience of this presentation, have the power to interpret whether the stories I share with you lead to a sense of utopia, dystopia or myopia of the law’s reach to wellbeing, or lack thereof. People who work for themselves in small business are in a unique position to control the external aspects of their working lives, as well as to perceive the internal aspects of their own feelings...

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Law’s Structural Violence and the Weapons of the Accountable

Rob Laird Australian National University I argue that the ideal of the rational-legal state inflicts structural violence. By reconceptualising the state as a field-of-power in which the ideal of the rational-legal state legitimises bureaucratic authority it can be seen how the bureaucracy is incentivised to anticipate modalities of accountability that demand it conform to that ideal. However, written rules and procedures do not have objectively rational meanings. Consequently, bureaucracy can...

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Legal intersections of cumulative effects and environmental justice: A comparative analysis

Dr Rebecca Nelson Melbourne Law School, University of Melbourne Cumulative effects are noted globally to be a key problem for the environment, sustainable development, and environmental law. Many profound environmental problems are accompanied by failures effectively to regulate multitudinous small harms that aggregate to become significant—from air pollution, to over-consumption of water, to incremental damage to biodiverse forests. These types of harms fall outside the typical context of...

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Legal Transplantation within Post Emancipatory British West Indies 1830s-1870s

Justine Collins Max Planck Institute for European Legal History The plantocracy sought to turn their soon to be former slaves into what appeared as quasi serfs or villeins and henceforth the slavery system into some type of colonial serfdom with the onset of Emancipation. Worried about their property, crops and at large their continued riches, the political elite along with the planter class via the stamp of approval from Parliament attempted to stop slaves from advancing. The fallout of the...

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Love Thy Neighbour as Thyself: Human Rights of Refugees under Changing Immigration Laws

Mercy Deborah Samathanam O. P. Jindal Global University, India A striking phenomenon of our times is the closing of State borders to people seeking refuge as a result of civil wars, socio-economic stresses, and political violence in their home country. While the prerogative of each State to repatriate illegal immigrants may seem justifiable under certain conditions, however, in case of refugees and asylum seekers, it is a fundamental principle of international law that such people must not be...

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Mandating Consent: Carceral Horizons and Visions of Dangerous Sex in Contemporary Consent Discourse

Dr Tanya Serisier School of Law, Birkbeck College Reframings of consent over the last decade have provided a space for the enactment of new sexual ethics and politics. However, as these debates have increasingly been taken up by criminal justice agencies there has been a shift from an oppositional register that sees enthusiastic and affirmative consent as carrying the potential to overhaul (hetero)sexual norms to constructions of a binary of legal/illegal sex defined primarily through...

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Navigating pluralist tenure systems: uncertainty as resilience?

[icon name="home" class="" unprefixed_class=""] Panel home: Climate change, ‘natural’ disasters and law beyond the state Dr Rebecca Monson ANU College of Law, Australian National University Existing literature on climate change and displacement in the southwest Pacific often emphasises that climate change will exacerbate pre-existing vulnerabilities associated with inequalities of place, class and gender. Thus women, ethnic minorities and migrants are amongst those most likely to be exposed to...

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Navigating the laws affecting Indigenous connections to country

Dr Katie O'Bryan Monash University Australian governments, particularly in more recent times, have become increasingly aware that Indigenous Australians have a very different relationship with country than non-Indigenous Australians, a relationship involving a connection to land and waters that is more holistic in nature, involving cultural obligations to care for county. Those connections also have a spiritual  dimension, the importance of which is not often understood or respected by the...

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Necro-waste, the Corpse and its Legal Entanglements

Dr Marc Trabsky LaTrobe University Dr Jacinthe Flore LaTrobe University Necro-waste designates the by-products of different applications of work on a corpse in death-related trades. It includes an ensemble of materials – fluids, gases, tissue, bone, skin, implants, chemicals and effluence – discarded from medico-legal investigations, medical research and training, transplantation procedures, plastination techniques and technologies for the disposal of dead bodies. This paper examines how...

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Negative Mythology, or Why You Shouldn’t Let Truth Get in the Way of Good Theory

Shane Chalmers Melbourne Law School Can mythology be a form of critical theory in the service of right? From the standpoint of an Enlightenment tradition, the answer is no. In this tradition, mythology is characterised by irrationality, and works to mystify reality, whilst critical theory is set against the irrational, its entire force directed at demystifying reality. In a post-Enlightenment tradition, the answer is yes and no. "Yes" to the extent that reason, including critical reason, may...

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Normative tensions between cultural identity and self-determination in the right of Indigenous Peoples to “benefit-sharing”: a preliminary inquiry to Indigenous-Industry agreements in Chile

Professor Cristóbal Carmona Universidad Diego Portales This investigation seeks to explore, in a preliminary way, the tensions that exist between two fundamental principles of indigenous peoples’ rights, namely, on the one hand, the protection of cultural identity and, on the other, the respect for their autonomy as peoples. The thesis that will be advanced is that, while much of the legal discourse of indigenous peoples’ rights have been constructed from the paradigm of the protection of...

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Ocean Change, Global environmental interdependence and Oceania’s response

Genevieve Quirk Australian National Centre for Ocean Resources and Security The maritime space is vital to international peace and security and the functioning of the global ecosystem. Global environmental interdependence requires States to find new diplomatic solutions to balance their sovereign rights and international duties for the protection of the marine environment. The marine ecosystems of Pacific Island Countries and Territories (PICTs) are at the vanguard of adverse impacts from...

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On Just Terms!

Dr Anne Poelina Nyikina Warrwa Traditional Owner The Mardoowarra/Martuwarra Fitzroy River and its sacred living ancestral being Yoongoorookoo (Rainbow Serpent) is at a crossroads, and Traditional Owners are considering how to protect the National Heritage Listed Fitzroy River and its tributaries Right to Life. In her presentation Anne uses film as a visual and auditory performance tool through feeling and listening to country and non-human beings. The audience is transported to a globally...

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Penalizing Presence

Associate Professor Andrew Kim Syracuse University, College of Law “Illegals.” “Rapists.” “Criminals.” “Aliens.” “Animals.”  These labels have defined what it means to be an undocumented immigrant in the United States today.  Undocumented status as stigma is an over-determining identity trait that overwrites all other identity dimensions and has become entrenched in both the legal and cultural norms.  Officials at the highest levels of all three branches of the U.S. government continue to...

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Political Apologies to LGBTIQ Peoples: Justice, Pinkwashing and Inclusion

Dr Allen George University of Sydney From the mid 2010s, apologies have been offered to LGBTIQ communities for historical anti-homosexual law and associated injustices perpetrated by previous parliaments across Australia. The apologies have often been delivered in parliamentary debates and proffered at a time of relevance or commemoration, such as the NSW government apology to the participants of the inaugural Mardi Gras of 1978 in the lead-up to parade in 2016. Apologies have also been...

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Post-Provocation Sentencing in Domestic Homicides: The Role of Mental Impairment in Defence Narratives

Professor Rosemary Hunter University of Kent Dr Danielle Tyson Deakin University In 2005 the Australian State of Victoria abolished the defence of provocation. Part of the impetus for the reforms was to challenge provocation’s victim-blaming narratives and the defence’s tendency to excuse men’s violence against intimate partners. However, concerns were also expressed that these narratives and excuses would simply reappear at the sentencing stage when men who had killed intimate partners were...

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Property Systems and Climate Migration: The Non-Linearity of Institutional Change

[icon name="home" class="" unprefixed_class=""] Panel home: Climate change, ‘natural’ disasters and law beyond the state Professor Daniel Fitzpatrick Faculty of Law, Monash University How would a climate-vulnerable property system react to mass migration caused by escalating climate change? This paper applies social-ecological systems frames which seek to endogenise a complex set of variables – resource units and systems, the attributes of resource users, governance systems, and surrounding...

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