The Australian Feminist Law Journal

Articles

Vol. 37, December

The Surprise of Invention: Making Fun of the Statutory
For this special issue of The Australian Feminist Law Journal we asked contributors to critically address questions about law in its relation to, and as, technology through the thematic of invention. Invention, as the late French philosopher Jacques...
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'A Plural Thing': Inventing a Feminist Brain-Based Subject of Law
Abstract.A brain-based subject of law is emerging, in which neurological processes become a primary means of defining individual choice, behaviour, capacity and responsibility. This paper considers the impact of such a shift in legal subjectivity on...
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The 'Half-Invention' of Gender Identity in International Human Rights Law: From Cedaw to the Yogyakarta Principles
Abstract:This article explores the invention of 'gender identity' in international human rights law. It examines the discursive production of the marginalized sexual subjects of human rights law in order to reveal the restrictive binaries and categories...
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Myths of Invention: Law and the Ignorance about Genetics
Abstract.This article argues that the modern legal concept of invention is based on an 'ignorance about genetics.' The ignorance about genetics refers in general to the forms of imagination about biological reproduction in western philosophy. Adriana...
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'Ce Qui Arrive'. Deconstruction, Invention and the Legal Subject of R V R
Abstract. Acknowledging Jacques Derrida's insistent claim that deconstruction 'happens' as a metaphysical occurrence, this article seeks to examine deconstruction's happening to law. Through an examination of the English criminal law case R. v R [1992]...
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An Egg Shaped Bowl: Law, Invention, Technology
Abstract.Heideggerean theory read through Foucault would situate law itself as a form of technology, a framing that subjectifies and which (for Foucault) implies an ethical response. A productive complication is added to this picture by certain new approaches...
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Vol. 36, June

Signature and Illusion: Lessons from the Baroque for 'Truth' in Law, Arts and Humanities
Abstract. Basic to contemporary problems in the disciplines of representation and interpretation is a split between a naïve acceptance of bare facts, presumed to exist in their own 'objective' world of objects, and the actions of subjects who interpret...
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Reverent Rites of Legal Theory: Unity-Diversity-Interdisciplinarity
Abstract.For more than several centuries jurists have tried to find a definition of law, and still they have not succeeded; so wrote the German philosopher Immanuel Kant in the eighteenth century. We have not made a lot of progress since, and while the...
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Ghosts of Law and Humanities (Past, Present, Future)
Abstract .This introductory essay teases out the ghosts of a Law and Humanities Past to find an unlikely candidate as an advocate for a relationship between law and the humanities: Sir William Blackstone. In contemplating what constitutes Law and Humanities...
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Law Is Not Turgid and Literature Not Soft and Fleshy: Gendering and Heteronormativity in Law and Literature Scholarship
Abstract. This essay uncovers a pattern of gendering in Law and Literature research that has contributed to limited understandings of the disciplines, taken singly, as well as to the projection of a heteronormative script on their relations to one another....
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Unintended Consequences: Representations of Rwandan Women and Their Children Born from Rape
Abstract.This article analyses an exhibition of photographs of Rwandan women and their children born from rape, as an occasion for exploring how the racialised and gendered subjects of international law are imagined and how a certain politics of humanitarianism...
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'Ditto': Law, Pop Culture and Humanities and the Impact of Intergenerational Interpretative Dissonance
Abstract.Building on Julius Stone's remark that jurisprudence is law's extroversion (or extraversion), this essay explores the consequences that flow from the loss of a shared humanities discourse by lawyers. In adapting the concept of extraversion to...
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'The Force' as Law: Mythology, Ideology and Order in George Lucas's Star Wars
Abstract.Where is the Law in Star Wars? Why in films so resonant with our current times, saturated with technology, enmeshed in political turmoil and structured by international-or, rather, intergalactic-commerce has the law been jettisoned like space...
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Towards a Feminist Aesthetic of Justice: Sarah Kane's Blasted as Theorisation of the Representation of Sexual Violence in International Law
Abstract: Aesthetic considerations are bound up with thematic questions of justice, and an interdisciplinary engagement between law and culture offers methodologies through which to interrogate and reframe legal understandings of harm. While there is...
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Vol. 35, December

The Ghosts of Cemetery Road: Two Forgotten Indigenous Women and the Crisis of Analytical Jurisprudence
Abstract.Taking an example of two indigenous women from my early 19th century family, this article examines why they were forgotten after their deaths. The article connects this forgotten phenomenon with the preoccupation of analytical jurisprudence...
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Re-Framing the Rape Trial: Insights from Critical Theory about the Limitations of Legislative Reform
Abstract:Through a close reading of a rape trial, this article discusses the seemingly intractable problem of the disconnect between rape law reform and the resilience of outdated common law practices being used in the courtroom. It is argued that certain...
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The Art of Public Secrecy
Abstract.Secrets have been conventionally constructed as existing in the margins of governmental functioning, oscillating between the open and the hidden. But secrecy is in fact enfolded within everyday life: contemporary polities have expanded the boundaries...
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The Pure Subject of Torture: Or, Lynndie England Does Not Exist
Abstract:The scenes of torture in Abu Ghraib both shocked and excited the western world. While several of the perpetrators in the photos were charged and imprisoned for the acts, it was Lynndie England - the woman holding the leash with a naked man attached...
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Law, Ethics and Levinas's Concept of Anarchy
Abstract.Jurisprudential debates on the place of law within the concept of anarchy are limited. We lack thorough arguments on whether law is negated by this concept, or whether anarchy requires some kind of specific legal organisation. This article seeks...
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Modernism and the Critique of Law and Literature
Abstract.'Law and literature' suffers from two besetting weaknesses: first, a concentration on substance and plot and, second, a salvific belief in the capacity of literature to cure law or perfect its justice. The first fails to question the Platonic...
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The Concept of Harm in Actions for Wrongful Birth: Nature and Pre-Modern Views of Women
Abstract.Both judicial and academic analysis of so-called 'wrongful birth' cases, in which there is a negligence claim arising from the birth of a child that has resulted from negligent sterilisation or advice, can shed light upon prevailing attitudes...
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The Northern Territory Emergency Response - Has It Really Improved the Lives of Aboriginal Women and Children?
Abstract.In 2007 the Commonwealth imposed a series of measures under the umbrella of the Northern Territory Intervention, in response to allegations of the widespread sexual abuse of Aboriginal children and violence inflicted against Aboriginal women....
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Vol. 34, June

Where God Was, Law Will Be? Kant Avec Houellebecq
Abstract.This paper explores how modern subjects have responded to the so-called death of God and what substitute objects they have tried to put in its place; these cures, or placebos as they turn out to be, have ranged from law, to reason, to work,...
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The Reckoning of Possibles: Asylum Seekers, Justice and the Indigenisation of the Levinasian Third
Abstract.In this essay, I focus on the death of an asylum seeker, Josefa Rauluni, at Villawood immigration detention centre, in order to address a series of critical questions concerning ethics, justice and non-negotiable responsibility. I contextualise...
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Enter the Imaginarium: The Mirror, the Object and the Feminist Project
Abstract.This paper was motivated by contemporary discussions around the 'future of feminism', the pessimism expressed as to feminisim's continued relevance, and the work for the feminist project that remains undone. In this paper, I use a Lacanian analysis...
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Prostitution and Sex Trafficking: What Are the Problems Represented to Be? a Discursive Analysis of Law and Policy in Sweden and Victoria, Australia
Abstract.The issue of prostitution has engendered much division amongst feminists, frequently resulting in polemical stances in a polarised debate. A similar pattern has more latterly emerged with respect to sex trafficking. An added difficulty is that...
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A Contribution to a Western Genealogy of the Rights of Men and, Incidentally, of Women
Abstract.This paper explores the transformation of the concept of rights through the contingencies of Western cultural history. It follows the emergence of an autonomous nomos in fifth-century BCE Greece, and it surveys Roman law and its recovery in...
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Sex Discrimination, Workplace Opportunities and Law's Transformative Promise
Abstract.Starting with the recent publication of a book of essays marking the federal Sex Discrimination Act's twenty-five years, this article uses an evaluation of the book's contents and the fact of the legislation's silver anniversary to reflect upon...
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Amartya Sen's the Idea of Justice: A Jurisprudence of Generosity?
Abstract.This review of Amartya Sen's The Idea of Justice invites a reading Sen's work alongside the writings of Patricia Williams and Karin van Marie on a 'jurisprudence of generosity'. It is argued the notions of refusal and openness that underpin...
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Vol. 33, December

The after Silence of the Son/g
'Some of the taboos laid upon barbarian kings remind one vividly of the restrictions imposed upon murderers'Sigmund Freud, Totem and Taboo2'I ate someone then buried them.'Nicholas Abraham and Maria Torok, The Shell and the Kernel; Renewals of Psychoanalysis31.0...
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Reading the Northern Territory 'Intervention' from the Margins: Notes toward a Feminist Social Psychoanalytic Ethics of Governmentality
My primary intention... is to explore the promise of Lacanian theory as a critical supplement to the discipline of law.1My problem is essentially the definition of the implicit systems in which we find ourselves prisoners; what I would like to grasp...
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Giving an Account of Myself: Trans-Generational Holocaust Guilt in the Company of Bernhard Schlink and Judith Butler
It has recently come to my attention that my grandfather was a Holocaust collaborator. This paper is written in response to that discovery, and in response to other people's response to my various confessions of that discovery. Hence it is a personal...
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Rape in Conflict, Rape in Peace: Questioning the Revolutionary Potential of International Criminal Justice for Women's Human Rights
1.0 INTRODUCTIONThe starting point for this article comes from my own attempts to reconceptualise expectations I had of the international criminal justice project and its ability to deliver genuine positive change to the lives of women both during and...
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'An Essential Ghost': Indigeneity within the Legal Archive
Within the Australian legal archive, in native title jurisprudence and beyond, the Indigenous subject is paradoxically positioned as, simultaneously, the subject of European imperial conquest and classification, and as a unique and transgressive alterity....
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Willful Blindness: Law's Disregard and the Deanne Bridgland Case
Tvlany remark justice is blind; pity those in her sway, shocked to discover she is also deaf.'- David Mamet11.0 INTRODUCTIONDeanne Bridgland was convicted of conspiracy to pervert the course of justice in March 2010. The charge was laid on the basis...
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Representing the Problem of Abortion: Language and the Policy Making Process in the Abortion Law Reform Project in Victoria, 2008
1.0 INTRODUCTIONIn this article I enquire into the way that abortion was represented in the abortion law reform project in Victoria 2008. I have applied Carol Bacchi's model for policy analysis, the 'what's the problem represented to be?' approach, to...
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Legal Issues Associated with the Study of Sexual Content on the Internet in Australia
Scholarly recognition of the research potentials of the Internet has resulted in a growing interest in using computer-mediated communication to study different aspects of human sexuality. Although there is a growing literature on the ethical issues associated...
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'The Law as a Profession for Women': A Century of Progress? a Reply to Mary Jane Mossman
Mary Jane Mossman has written a fascinating account of the first women lawyers1 in which New Zealand's Ethel Benjamin merits a 30-page discussion. The year after publication of her book she gave the New Zealand Law Foundation/Otago Women Lawyers' Ethel...
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Vol. 32, June

Feminist Internationalisms
The papers in this special issue of the Australian Feminist Law Journal International Law and International Relations' were first presented at a workshop called 'Feminist Internationalisms: Celebrating feminist engagements with international law and...
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You May Never Understand: Prospects for Feminist Futures in International Relations
1.0 FEMINIST ORIGINS IN IRWhile my focus in this article is on International Relations (IR) because it is the discipline I know best, I am struck by how much feminist IR scholarship overlaps with feminist International Law in terms of subject matter,...
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Connecting the Dots: Feminist International Relations and Feminist International Law in Australia
1.0 INTRODUCTIONIn a recent special edition of the Australian Journal of Politics and History designed to review the state of the Australian academic discipline of International Relations (IR), the editors Alex Bellamy and Sara Davie s, two of Australia's...
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'Just like Your Mother?' the Politics of Feminism and Maternity in the Pacific Islands
1.0 INTRODUCTIONAlthough research into Pacific Islands feminisms is sparse, commentary on this subject frequently underscores the important place that maternal imagery occupies in activities undertaken by Pacific women to improve their status. Yet questions...
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Power and Danger: Feminist Engagement with International Law through the Un Security Council
1.0 INTRODUCTIONThe claim that feminist 'achievements' are now so substantial and 'sufficiently institutionalised' as to wield significant power in international law2 has ignited debates among feminist academics and activists. Janet Halley, the chief...
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The Political Economy of Violence against Women: A Feminist International Relations Perspective
1.0 INTRODUCTIONWhat has poverty or wealth got to do with persistent and egregious violence against women globally? Violence against women includes rape and sexual abuse, forced trafficking, intimate partner violence, female genital mutilation, maternal...
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War, Law, Terror, Nothing New for Women
1.0 INTRODUCTIONThe feminist voice in International Humanitarian Law (IHL), that part of international law that regulates the conduct of armed conflict, has always been relatively muted. This contrasts with the vigorous contribution of feminist scholars...
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Sexing the Subject of Transitional Justice
Our argument is . . . that international law does not provide even momentary distance from subjectivity. It is intertwined with a sexed and gendered subjectivity, and reinforces a system of male power. Until international law focuses on all people and...
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Vol. 31, December

Law, Crisis, Revolution
Crisis, it seems, is the order of things. Today, reading a newspaper involves ingesting a steady stream of crises. Most prominently, the 'Global Financial Crisis' has occupied the media sphere for the past two years, since the collapse of the US subprime...
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Had We but World Enough and Time (Reconsidering 'Emergency')
The financial meltdown has made it impossible to ignore the blatant irrationality of global capitalism. In the fight against AIDS, hunger, lack of water or global warming, we may recognise the urgency of the problem, but there is always time to reflect,...
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Strategy, Rupture, Rights: Reflections on Law and Resistance in Immigration Detention
On 22 October 1999 Ali Bakhtiyari arrived in Australia.1 He had fled from religious and ethnic persecution at the hands of the Taliban in Afghanistan to Pakistan with his wife Roqia and their five children. Ali then left his family in Pakistan while...
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Naked Labour: Putting Agamben to Work
1.0 INTRODUCTIONEstimates produced by the International Labour Office indicate that 2.2 million people die as a result of work-related injuries or diseases every year. Those (conservative) estimates also indicate around 270 million victims of occupational...
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Beyond the Desire for Law: Sex and Crisis in Australian Feminist and Queer Politics
On 22 May 2008, police raided the Roslyn Oxley9 art gallery in Sydney. A number of photographic works by renowned Australian photographer Bill Henson were removed on what was to be the opening night of his latest exhibition. The works featured photographs...
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Criminalising 'Camera Fiends': Photography Restrictions in the Age of Digital Reproduction
In late 2006, Rex Dupain had his camera confiscated and was questioned by police while trying to re-create his father Max Dupain's iconic photographs of Bondi Beach. Dupain's experience, selected from a raft of similar ones, points to contemporary anxieties...
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The Remains of Authority and the Trial of Saddam Hussein
Judge: Afraid of Whom? Ghosts?Al-Tikriti: Afraid of the terrifying court.Judge: You're terrifying!Al-Tikriti: No, you're terrifying.Judge: Why do you always have to be the hero? Get him out of here.1A courtroom is not an arena in which dissension, particularly...
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Crisis, Modernity, Authority: Carl Schmitt on Order and the State
The past decade has seen an explosion of interest in the political problem of the emergency, and legal powers that are appropriate to deal with such situations. This is in no small part due to the persistent sense of crisis that plagues the politics...
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Endgame: Feminist Lawyers and the Revolutionary Body
1.0 INTRODUCTIONIf the basis of a popular government in peacetime is virtue, its basis in a time of revolution is virtue and terror - virtue, without which terror would be barbaric; and terror, without which virtue would be impotent.1Over two hundred...
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Vol. 30, June

Where Lawlessness Is Law: The Settler-Colonial Frontier as a Legal Space of Violence
. . . Vitoria's scheme massively implies that it is the colonial domination which effects the relation between sovereign states. The ius gentium, the law of all peoples, relies on the already existent gentes. It says nothing of the quality positively...
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Frontier Space and the Reification of the Rule of Law: Colonial Negotiations in the Western Pacific, 1870-74
1.0 INTRODUCTIONIn the early 1870s the Pacific, west of Fiji, had been transformed into a colonial frontier on the edge of expanding European empires. Trade in this region had intensified throughout the nineteenth century, leading to an expansion of...
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Addressing Child Sexual Assault in Australian Aboriginal Communities - the Politics of White Voice
1.0 INTRODUCTIONMuch has now been written about, and mostly against, the 2007 Northern Territory Emergency Intervention.2 It has been widely condemned as a land grab, as a breach of the Racial Discrimination Act 1975 (Cth), as a cynical bid for votes...
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Queering Foetal Life: Between Butler and Berlant
1.0 THE UNBURIED AND UNBURIABLEIn the 2007 Romanian film, 4 months, 3 weeks, 2 days,1 the depiction of an illegal abortion under the communist regime makes as vivid as possible a case for the need for women to have access to safe and legal abortions....
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Negotiating Insecurity: Law, Psychoanalytic Social Theory and the Dilemmas of the World Risk Society
- ...Yet in these societies surrounded and traversed by forms of protection, preoccupations over security remain omnipresent. It is impossible to evade the troubling character of this fact by pretending that the sense of insecurity is only a delusion...
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Playing Defence in Sexual Assault 'Trial by Media': The Male Footballer's Imaginary Body
To my dad, John Neil Watson, 3/06/1940-3/04/2009For rugby league, principal football code of the north-eastern states of Australia, the 2009 season opened with a sexual assault charge against one of its highest profile players: Manly Sea Eagle Brett...
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'The Law as a Profession for Women': A Century of Progress?
Grata Matilda Flos GreigVictoria, Australia 1905The inspiration for this paper was a short comment in the Commonwealth Law Review, entitled 'The Law as a Profession for Women,' published in March 1909.1 The author of the comment was Grata Matilda Flos...
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'I Have Seen Violence towards Women Every Day of My Life': Australia, 2009
I want to thank Minister Jenny Macklin for giving me this opportunity to attend this forum . I am delighted to be here, to share our views as we try to understand the culture of domestic violence and the affect it has on our society.In any community,...
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No Justice without Healing: Australian Aboriginal People and Family Violence
To have justice without healing is not possible, it is just short changing people. To heal, a person must be able to come to a place that is safe and allows them to deal with the pain of the past, process this and begin their healing journey. If people...
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R V Wunungmurra: 'Culture' as Usual in the Courts
In September 2008, Dennis Wunungmurra, a Yolngu man, stabbed his wife Wendy Manamawuy Garrawarra multiple times with a steak knife at Galiwinku in the Northern Territory. He was charged with two counts; first, that he intended to cause serious harm and...
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Australian Legal Geography and the Search for Postcolonial Space in Chloe Hooper's the Tall Man: Death and Life on Palm Island
This essay reviews Chloe Hooper's non-fiction novel The Tall Man: Death and Life on Palm Island, a book about the 2004 death in custody of Cameron (who will hereafter be referred to as Mulrunji)1 Doomadgee on Palm Island in far north Queensland. After...
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Vol. 29, December

Re-Imagining Equality: Meaning and Movement
1.0 INTRODUCTION: THINKING AND DOINGMost of everyday law is conducted performatively and not in writing. Our daily life interactions are embodied. They do not need to be recorded on paper to be effective.1In July 2006 we were invited to participate in...
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Ineffaceable Memories: The Truth of Testimony
Nanna Nungala Fejo, as she prefers to be called, was born in the late 1920s. She remembers her earliest childhood days living with her family and her community in a bush camp just outside Tennant Creek. She remembers the love and the warmth and the kinship...
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Critical Law, Critical Love
1.0 MUSICAnd he sent flowers and wine to my room,And we both got happily drunk,Yes, we both got perfectly drunk.Something like that anyway, but I'm probably mixing up the words a bit - it's been a long long time since I heard that song. Joan Baez and...
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Recovering Memories: Versions of a Misremembered Australian Body
1.0 INTRODUCTION: POSITIONING REMEMBERING BODIESBut why would you tell the previous jury N was lying face down on the bed if diat was theI don't remember. If I said face down diat's just words I used. I never meant she was actually face down.I suggest...
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Flesh, Bones and Other Matters
Hi,Writing-begins, without you, without I, without law, without knowing, without light, without hope, without bonds, without anyone close to you, for if world history goes on, you are not in it, you are 'in' 'hell' , and hell is where I am not but where...
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The Lady Vanishes: Gender, Law and the (Virtual) Body
We were in a vortex of swirling in/out, appear/disappear, recover/lose, viewer/viewed.1Censor die body and you sensor breadi and speech at die same time. Write your self. Your body must be heard.21.0 INTRODUCTION: DIS/APPEARANCE - A ZENITHIt is an oscillating...
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Flesh and the Person
1.0 METHODSThis is an inquiry into the relationship between flesh and the legal person. Flesh is the most material aspect of human existence, while the legal person is one of its most abstract manifestations. The comprehension and reconciliation of these...
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On Pain and the Sense of Human Rights
1.0 INTRODUCTION: HUMAN RIGHTS AND SUFFERINGHuman rights pose a deep and intensely affective relation between the political and suffering. At their heart they propose that pain is a fact of the world which cannot be ignored. This corresponds to a certain...
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Voicing Embodiment, Relating Difference: Towards a Relational Legal Subjectivity
Do we really want to switch from the marginality of our official quasi non-existence to being citizens equal to men? Or do we want to use this marginality as a starting point for changing our condition and all of society with it?1What is, or should be,...
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Judicial Bodies as Sexual Bodies: A Tale of Two Portraits
1.0 A TALE OF TWO PORTRAITSThe first impression is one of bodies swathed in scarlet. 'It looks like a procession of Santa Clauses' said the artist Ralph Heimans1 as he discussed his painting 'Radical Restraint',2 with staff from the National Portrait...
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Vol. 28, June

'Our' Shame: International Responsibility for the Rwandan Genocide
"By the time the genocide was over, I was so angry, at America, America the beautiful, America the brave"2In 1994, countries around the world failed to respond to the genocide of the Rwandan Tutsis. As the Tutsis were systematically persecuted and murdered...
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The Body Figural and Material in the Work of Judith Butler
In the moment in which I say "I", I am not only citing the pronominal place of the "I" in language, but I am at once attesting to, and taking distance from, a primary impingement, a primary way in which I am, prior to acquiring an "I", a being which...
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Of Mimicry and Madness: Speculations on the State
1.0 INTRODUCTIONContinental European international law since the 16th century, the jus publicum Europaeum, originally and essentially was a law among states - among European sovereigns. This European core determined the nomos of the rest of the earth.1The...
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Revisiting the Human Right to Water
1.0 INTRODUCTIONPlachimada is a small village in the Palakkad district of Kerala in south India. It is a place where people, primarily dalit and adivasi1 landless agricultural labourers, depend on groundwater for domestic and agricultural purposes. In...
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Embodiments of the English Constitution in the Romanticised Narratives of the Funeral of Diana, Princess of Wales and Four Weddings and a Funeral
In this article I explore the traces of a popular English constitutional jurisprudence as it appears in two examples of widely consumed English popular culture, the successful film Four Weddings and a Funeral (1994), I and the extensively consumed BBC...
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Gay Male Resistance in 'Beat' Spaces in Australia: A Study of Outlaw Desire
This article engages in a discussion of a particular aspect of homosexuality that, due its taboo, sub-cultural nature, is under-theorised in socio-legal and criminological discourse both in Australia and abroad - the phenomenon of men meeting in public...
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Sex with Children 'A Foolish Lapse': What's the Story?
1.0 INTRODUCTIONDavid Indermaur has observed that '[w]here the judgments of the court appear to disregard public sensitivities there is good copy for the media.'1 So it was not entirely surprising that Australian newspapers and websites jumped on the...
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Getting "Women" on Butcher's Paper at the Australia 2020 Summit: "Social Inclusion" and Women's Place in the 21st Century
1.0 INTRODUCTIONJust over a month after the Australia 2020 Summit an extraordinary 'first' was reported in the Australian media. Two Australian women, Cheryl and Nikki Bart, became the first mother and daughter team to scale the summit of Mt Everest,...
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Scarlet Alliance Brings Sex Worker Migration to Canberra
Sex work is work.... Travel is dream of sex workers. I think it not only dream of sex workers.... It is a dream, it means it is like, they can make money to support their family, but they can't money to go to holiday, because there is no money to go...
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Critical Reflections on 2020 and Beyond
What do you consider were the aim/s stated, unstated and implied of the 2020 Summit?The 2020 Summit held in Parliament House over the weekend of 19th and 20th of April was a watershed moment in Australian politics. The Summit, its lead up and the immediate...
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Vol. 27, December

Imagine There Are No Lesbians1: Psychoanalysis, Queer Theory and the Legal Recognition of Same-Sex Parenting2
Law reform in the area of homosexual rights usually proceeds as if heterosexuality is outside its scope and interests. What remains unthought, therefore, is the way in which heterosexuality functions not simply as a paradigm of the rights to be enjoyed...
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Law's Empiricism of the Object: How Law Recreates Cultural Objects in Its Own Image
1.0 INTRODUCTION: FINDING LEGAL CERTAINTY?Things, called objects for a good reason, appear to be the most 'pure' form of objectivity.'1Watch an antique or collectables show on television, and more often than not, one segment is devoted to testing the...
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Protecting 'Innocence'? Deconstructing Legal Regulation of Child Sexuality
1.0 INTRODUCTIONWhat is emergng is a new penal system, a new legislative system, whose function is not so much to punish offences against these general laws concerning decency, as to protect populations and parts of populations regarded as particularly...
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(This Is Not a) Story: Using Court Records to Explore Judicial Narratives in R V Kathleen Folbigg
1.0 INTRODUCTIONKathleen Folbigg was convicted on 21 May 2003 of three counts of murder and one of manslaughter. Her trial was conducted before a judge and jury in the New South Wales Supreme Court. The charges related to allegations that Folbigg had...
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The Construction of Rationality in Australian Family Dispute Resolution: A Feminist Analysis
Mediation has long played an important role in resolving family law matters. Recent amendments to the Family Law Act 1975 (Cth) take this one step further: attendance at family dispute resolution is now effectively a compulsory pre-filing requirement...
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Re-Covering the Limits of Recognition: The Politics of Difference and Decolonisation in John Borrows' Recovering Canada: The Resurgence of Indigenous Law
RE-COVERING THE LIMITS OF RECOGNITION: THE POLITICS OF DIFFERENCE AND DECOLONISATION IN JOHN BORROWS' RECOVERING CANADA: THE RESURGENCE OF INDIGENOUS LAWFor us, the ownership of the territory is a marriage of the Chief and the land. Each chief has an...
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Legitimising Rainbow Families Using Partnerships for Change#
1.0 INTRODUCTIONLesbian and gay parents and their children are becoming more visible in claiming their right to exist openly in Australian society. These families are also gathering increasing support from many sectors including law, health and education....
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Lack of Conviction: A Proposal to Make Rape Illegal in South Australia
1.0 INTRODUCTIONAnti-rape activism is replete with dilemmas. Let me begin with just one: conviction statistics for rape vividly summarise the lack of justice available to people who have experienced rape, and thus present a potential asset in achieving...
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All Women Are Sluts: Australian Rules Football and Representations of the Feminine
In the Australian Football League, West Australian teams Fremantle and West Coast have long been bitter rivals, and any meeting of the two teams on the field is heated, spiteful and frequently violent. Their clash during the April 2007 'rivalry round'...
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Human Trafficking and Sexual Slavery: Australia's Response
1.0 INTRODUCTIONOn 26 September 2001 Ms Puangthong Simaplee died in Vilkwood Detention Centre after being discovered by immigration officials during a raid on a Surry Hills brothel. She told the immigration officials that at a young age she had been...
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