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Bargaining in the Shadow of the Law?
This book is a first-ever study of the role of law in family mediation. Written by two well-known Australian researchers in family dispute resolution, it uses real family mediation cases to explain what kind of protection from exploitation the law offers negotiators in informal processes. It helps us to better understand how private negotiations in family law work.In the current Australian and international family law environment, there is an almost universal emphasis upon separating families taking responsibility for resolving disputes themselves in a non-adversarial manner. In the context of such a sustained policy focus, the question of whether separating families use and are protected by the law in private settlement remains central to understanding the fairness of the system. Ultimately the book questions the success of recent family law reforms.This book will be of interest to policy makers, the legal profession, family dispute resolution practitioners, mediators, community organisations involved in family service provision, family law service providers as well as academics interested in family law, dispute resolution and the interrelationship between law and society.
The Feminist Legislation Project
In this book, leading law academics along with lawyers, activists and others demonstrate what legislation could look like if its concern was to create justice for women. Each chapter contains a short piece of legislation - proposed in order to address a contemporary legal problem from a feminist perspective. These range across criminal law (sexual offences, Indigenous women's experiences of criminal law, laws in relation to forced marriage, modern slavery, childcare and sentencing), civil law (aged care and housing rights, regulating the gig economy; surrogacy, gender equity in the construction industry) and constitutional law (human rights legislation, reimagining parliaments where laws are...
The Palgrave Handbook of Australian and New Zealand Criminology, Crime and Justice
This handbook engages key debates in Australian and New Zealand criminology over the last 50 years. In six sections, containing 56 original chapters, leading researchers and practitioners investigate topics such as the history of criminology; crime and justice data; law reform; gangs; youth crime; violent, white collar and rural crime; cybercrime; terrorism; sentencing; Indigenous courts; child witnesses and children of prisoners; police complaints processes; gun laws; alcohol policies; and criminal profiling. Key sections highlight criminological theory and, crucially, Indigenous issues and perspectives on criminal justice. Contributors examine the implications of past and current trends in official data collection, crime policy, and academic investigation to build up an understanding of under-researched and emerging problem areas for future research. An authoritative and comprehensive text, this handbook constitutes a long-awaited and necessary resource for dedicated academics, public policy analysts, and university students.
Sexual Orientation and Gender Identity Discrimination
In Sexual Orientation and Gender Identity Discrimination Holning Lau offers an incisive review of the conceptual questions that arise as legal systems around the world grapple with whether and how to protect people against sexual orientation and gender identity discrimination.
Natural Law and the Nature of Law
Presents a systematic, contemporary defence of the natural law outlook in ethics, politics and jurisprudence.
Judges, Judging and Humour
This book examines social aspects of humour relating to the judiciary, judicial behaviour, and judicial work across different cultures and eras, identifying how traditionally recorded wit and humorous portrayals of judges reflect social attitudes to the judiciary over time. It contributes to cultural studies and social science/socio-legal studies of both humour and the role of emotions in the judiciary and in judging. It explores the surprisingly varied intersections between humour and the judiciary in several legal systems: judges as the target of humour; legal decisions regulating humour; the use of humour to manage aspects of judicial work and courtroom procedure; and judicial/legal figures and customs featuring in comic and satiric entertainment through the ages. Delving into the multi-layered connections between the seriousness of the work of the judiciary on the one hand, and the lightness of humour on the other hand, this fascinating collection will be of particular interest to scholars of the legal system, the criminal justice system, humour studies, and cultural studies.
Talking Up a Legacy
“When you change the government, you change the country,” Paul Keating declared. It reminds us that the outlook and actions of the government of the day have widespread ramifications in the lives of people “on the ground.” Within the extraordinary complexity that a government must be, the leading indication of its values and of the strategic thrust of its actions is the behaviour of its leading official, the prime minister. He or she is the clearest and most observed example of what a government can or cannot, will or will not do. Its particular interest is in speeches. These set pieces of talk have conventionally been regarded as each prime minister’s opportunity to entrench a leg...
Inside Lawyers' Ethics
Inside Lawyers' Ethics offers a practical examination of the moral and ethical dilemmas that legal professionals may encounter in the professional environment. The text provides comprehensive coverage and analysis of general philosophical approaches to morality as well as the legal frameworks which govern ethical decision-making and practice.
Legal Education
The importance of simulation in education, specifically in legal subjects, is here discussed and explored within this innovative collection. Demonstrating how simulation can be constructed and developed for learning, teaching and assessment, the text argues that simulation is a pedagogically valuable and practical tool in teaching the modern law curriculum. With contributions from law teachers within the UK, Australia, Hong Kong, South Africa and the USA, the authors draw on their experiences in teaching law in the areas of clinical legal education, legal process, evidence, criminal law, family law and employment law as well as teaching law to non-law students. They claim that simulation, as a form of experiential and problem-based learning, enables students to integrate the ’classroom’ experience with the real world experiences they will encounter in their professional lives. This book will be of relevance not only to law teachers but university teachers generally, as well as those interested in legal education and the theory of law.
Mediation Ethics
Traditional ideas of mediator neutrality and impartiality have come under increasing attack in recent decades. There is, however, a lack of consensus on what should replace them. Mediation Ethics offers a response to this question, developing a new theory of mediation that emphasises its nature as a relational process.
