Tradition And Change In Australian Law

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Tradition and Change in Australian Law

Author : Patrick Parkinson
Publisher : Lawbook Company
ISBN 13 :
Total Pages : 304 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Tradition and Change in Australian Law by : Patrick Parkinson

Download or read book Tradition and Change in Australian Law written by Patrick Parkinson and published by Lawbook Company. This book was released on 2001 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Trouble with Tradition

Author : Simon Young
Publisher : Federation Press
ISBN 13 : 9781862876477
Total Pages : 534 pages
Book Rating : 4.8/5 (764 download)

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Book Synopsis The Trouble with Tradition by : Simon Young

Download or read book The Trouble with Tradition written by Simon Young and published by Federation Press. This book was released on 2008 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Tradition and Change in Australian Labour Law

Author : Anthony Forsyth
Publisher :
ISBN 13 : 9781873271582
Total Pages : 24 pages
Book Rating : 4.2/5 (715 download)

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Book Synopsis Tradition and Change in Australian Labour Law by : Anthony Forsyth

Download or read book Tradition and Change in Australian Labour Law written by Anthony Forsyth and published by . This book was released on 1998 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Journal of the Australian Catholic Historical Society. Volume 39 (2018)

Author : ATF Press
Publisher : ATF Press
ISBN 13 : 1925872491
Total Pages : 341 pages
Book Rating : 4.9/5 (258 download)

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Book Synopsis Journal of the Australian Catholic Historical Society. Volume 39 (2018) by : ATF Press

Download or read book Journal of the Australian Catholic Historical Society. Volume 39 (2018) written by ATF Press and published by ATF Press. This book was released on 2018-12-31 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Law as Culture

Author : Kathy Laster
Publisher : Federation Press
ISBN 13 : 9781862873506
Total Pages : 436 pages
Book Rating : 4.8/5 (735 download)

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Book Synopsis Law as Culture by : Kathy Laster

Download or read book Law as Culture written by Kathy Laster and published by Federation Press. This book was released on 2001 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Real Property in Australia

Author : Michael J. Hefferan
Publisher : Routledge
ISBN 13 : 1000163539
Total Pages : 359 pages
Book Rating : 4.0/5 (1 download)

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Book Synopsis Real Property in Australia by : Michael J. Hefferan

Download or read book Real Property in Australia written by Michael J. Hefferan and published by Routledge. This book was released on 2020-08-17 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Postcolonial Justice

Author : Anke Bartels
Publisher : BRILL
ISBN 13 : 9004335196
Total Pages : 406 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Postcolonial Justice by : Anke Bartels

Download or read book Postcolonial Justice written by Anke Bartels and published by BRILL. This book was released on 2017-02-13 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Postcolonial Justice addresses a crucial issue in current postcolonial theory: the question of how to reconcile an ethics of diversity and difference with the normative, if not universal thrust that appears to energize any notion of justice.

The Impact of the Law

Author : John Witte
Publisher : Wipf and Stock Publishers
ISBN 13 : 166675062X
Total Pages : 289 pages
Book Rating : 4.6/5 (667 download)

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Book Synopsis The Impact of the Law by : John Witte

Download or read book The Impact of the Law written by John Witte and published by Wipf and Stock Publishers. This book was released on 2022-07-28 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Courts, Codes, and Custom

Author : Dana Zartner
Publisher : Oxford University Press
ISBN 13 : 0199362114
Total Pages : 336 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis Courts, Codes, and Custom by : Dana Zartner

Download or read book Courts, Codes, and Custom written by Dana Zartner and published by Oxford University Press. This book was released on 2014-04-01 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why is it that some countries comply with international laws, while others disregard them? Courts, Codes, and Custom argues that the degree to which states accept and comply with international legal norms is rooted in a country's domestic legal tradition. Offering a novel cultural-institutional theory to explain this variation, Dana Zartner looks specifically at state policy towards international human rights and environmental law. A state's legal tradition-the cultural and institutional factors that shape attitudes about the law, appropriate standards of behavior, and the legal process-is the key mechanism by which international law becomes recognized, accepted, and internalized in the domestic legal framework. Legal tradition shapes not only perceptions about law, but also provides the lens through which policy-makers view state interests, providing both direct and indirect influence on state policy. In the book, Zartner disaggregates the concept of legal tradition and examines how the individual cultural and institutional characteristics present within a state's domestic legal tradition facilitate or hinder the internalization of international law and, subsequently, shape state policy. This provides explanation for both the differences in international law recognition across legal traditions, as well as the variance among states within legal traditions. To test this theory, she presents a series of comparative case studies. These studies fall under five of the main legal traditions in the world today: common law (U.S. and Australia), civil law (Germany and Turkey), Islamic law (Egypt and Saudi Arabia), mixed traditions (India and Kenya), and East Asian law (China and Japan). Zartner addresses a number of different themes, including the differences among legal traditions as well as between states within the same tradition; the important role that legal culture and history play in shaping contemporary attitudes about law; and similarities and differences in state policy towards human rights law versus environmental law.

The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat)

Author : James R. Silkenat
Publisher : Springer
ISBN 13 : 3319055852
Total Pages : 367 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat) by : James R. Silkenat

Download or read book The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat) written by James R. Silkenat and published by Springer. This book was released on 2014-05-28 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. It examines the philosophical and historical background of both concepts, as well as the problem of the interrelation between the two doctrines. The book brings together twenty-five leading scholars from around the world and provides both general and specific jurisdictional perspectives of the issue in both contemporary and historical settings. The Rule of Law is a legal doctrine the meaning of which can only be fully appreciated in the context of both the common law and the European civil law tradition of the Legal State (Rechtsstaat). The Rule of Law and the Legal State are fundamental safeguards of human dignity and of the legitimacy of the state and the authority of state prescriptions.

Free Hands and Minds

Author : Susan Bartie
Publisher : Bloomsbury Publishing
ISBN 13 : 1509922636
Total Pages : 288 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Free Hands and Minds by : Susan Bartie

Download or read book Free Hands and Minds written by Susan Bartie and published by Bloomsbury Publishing. This book was released on 2019-09-19 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Peter Brett (1918–1975), Alice Erh-Soon Tay (1934–2004) and Geoffrey Sawer (1910–1996) are key, yet largely overlooked, members of Australia's first community of legal scholars. This book is a critical study of how their ideas and endeavours contributed to Australia's discipline of law and the first Australian legal theories. It examines how three marginal figures – a Jewish man (Brett), a Chinese woman (Tay), and a war orphan (Sawer) – rose to prominence during a transformative period for Australian legal education and scholarship. Drawing on in-depth interviews with former colleagues and students, extensive archival research, and an appraisal of their contributions to scholarship and teaching, this book explores the three professors' international networks and broader social and historical milieux. Their pivotal leadership roles in law departments at the University of Melbourne, University of Sydney, and the Australian National University are also critically assessed. Ranging from local experiences and the concerns of a nascent Australian legal academy to the complex transnational phenomena of legal scholarship and theory, Free Hands and Minds makes a compelling case for contextualising law and legal culture within society. At a time of renewed crisis in legal education and research in the common law world, it also offers a vivid, nuanced and critical account of the enduring liberal foundations of Australia's discipline of law.

Law Institute Journal

Author :
Publisher :
ISBN 13 :
Total Pages : 1244 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Law Institute Journal by :

Download or read book Law Institute Journal written by and published by . This book was released on 2001 with total page 1244 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Recognition of Aboriginal Customary Laws

Author : Australia. Law Reform Commission
Publisher : Australian Government Publishing Service
ISBN 13 :
Total Pages : 556 pages
Book Rating : 4.:/5 (6 download)

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Book Synopsis The Recognition of Aboriginal Customary Laws by : Australia. Law Reform Commission

Download or read book The Recognition of Aboriginal Customary Laws written by Australia. Law Reform Commission and published by Australian Government Publishing Service. This book was released on 1986 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Legal Traditions of the World

Author : H. Patrick Glenn
Publisher : Oxford University Press, USA
ISBN 13 : 019966983X
Total Pages : 451 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Legal Traditions of the World by : H. Patrick Glenn

Download or read book Legal Traditions of the World written by H. Patrick Glenn and published by Oxford University Press, USA. This book was released on 2014 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Traditions of the World places national laws in the broader context of major legal traditions, those of chthonic (or indigenous) law, talmudic law, civil law, Islamic law, common law, Hindu law and Confucian law. Each tradition is examined in terms of its institutions and substantive law, its founding concepts and methods, its attitude towards the concept of change and its teaching on relations with other traditions and peoples. The concept of legal tradition is explained as non-conflict in character and compatible with new and inclusive forms of logic.

Routledge Handbook of International Law and the Humanities

Author : Shane Chalmers
Publisher : Routledge
ISBN 13 : 1000385760
Total Pages : 653 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Routledge Handbook of International Law and the Humanities by : Shane Chalmers

Download or read book Routledge Handbook of International Law and the Humanities written by Shane Chalmers and published by Routledge. This book was released on 2021-05-19 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook brings together 40 of the world’s leading scholars and rising stars who study international law from disciplines in the humanities – from history to literature, philosophy to the visual arts – to showcase the distinctive contributions that this field has made to the study of international law over the past two decades. Including authors from Australia, Canada, Europe, India, South Africa, the UK and the USA, all the contributors engage the question of what is distinctive, and critical, about the work that has been done and that continues to be done in the field of ‘international law and the humanities’. For many of these authors, answering this question involves reflecting on the work they themselves have been contributing to this path-breaking field since its inception at the end of the twentieth century. For others, it involves offering models of the new work they are carrying out, or else reflecting on the future directions of a field that has now taken its place as one of the most important sites for the study of international legal practice and theory. Each of the book’s six parts foregrounds a different element, or cluster of elements, of international law and the humanities, from an attention to the office, conduct and training of the jurist and jurisprudent (Part 1); to scholarly craft and technique (Part 2); to questions of authority and responsibility (Part 3); history and historiography (Part 4); plurality and community (Part 5); as well as the challenge of thinking, and rethinking, international legal concepts for our times (Part 6). Outlining new ways of imagining, and doing, international law at a moment in time when original, critical thought and practice is more necessary than ever, this Handbook will be essential for scholars, students and practitioners in international law, international relations, as well as in law and the humanities more generally.

Australian Indigenous Law Reporter

Author :
Publisher :
ISBN 13 :
Total Pages : 556 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Australian Indigenous Law Reporter by :

Download or read book Australian Indigenous Law Reporter written by and published by . This book was released on 2003 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law and Legal Culture in Comparative Perspective

Author : Günther Doeker-Mach
Publisher : Franz Steiner Verlag
ISBN 13 : 9783515085601
Total Pages : 448 pages
Book Rating : 4.0/5 (856 download)

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Book Synopsis Law and Legal Culture in Comparative Perspective by : Günther Doeker-Mach

Download or read book Law and Legal Culture in Comparative Perspective written by Günther Doeker-Mach and published by Franz Steiner Verlag. This book was released on 2004 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative legal studies are at last commanding the thoughts of contemporary jurists� Alice ES Tay. Drawing on an impressive ancestry in comparative law, the 22 contributions in this volume by authors from Asia, Australia and Europe go further in their complex conception of law and culture. They look at the new principles and concepts of a transnational, global law in new, multiple contexts and in diverse juxtapositions with new institutions and authorities. In an unplanned but cohesive pattern the individual contributions together open a fresh vision of the use and value of comparative legal studies for the assessment of the function and limitations of the law of a global society.