Australian Judicial Biography: Past,Present and Future

This article posits that biographical writing on High Court judges generates insights that may otherwise be overlooked in explorations of national history and politics. Firstly, the article addresses the relative scarcity of such biographies in Australia. It then explores themes common to the existing works and the ways in which they are evoked. The article canvasses some possibilities inherent in judicial biography, expanding briefly on the themes of national and gender identity, before surveying some of the minor controversies of the genre, including the question of who is best qualified to write it. The discussion concludes with the suggestion that the development of this genre would provide nuanced material for legal scholars, historians and political scientists alike.     

A Fine Line Between Pleasure and Pain: Would Decriminalising BDSM Permit Nonconsensual Abuse?

The increasing social visibility of Bondage/Domination, Discipline/submission and Sadism/Masochism (BDSM) within Western society has placed pressure on the criminal law to account for why consensual BDSM activities continue to be criminalised where they involve the infliction of even minor injuries on participants. With moralistic and paternalistic justifications for criminalisation falling out of favour, one key justification that is gaining traction within international commentary on BDSM is the “bogus BDSM argument”. The bogus BDSM argument contends that BDSM activities should be criminalised because otherwise false claims of BDSM will be used by defendants to excuse or minimise their criminal liability for nonconsensual abuse. This article refutes this argument by showing how it relies on premises that are unjustifiable, illogical and irrelevant. This article concludes that the decriminalisation of BDSM would not permit nonconsensual abuse so long as legal officials were equipped with sufficient knowledge about the norms and conventions of BDSM culture.

     

Pathways from Childhood Maltreatment to Unsupportive Emotion Socialization: Implications for Children’s Emotional Inhibition

Journal of Family Violence - Adults who have experienced child maltreatment report problems with emotion regulation (ER) and parenting difficulties, which have been associated with maladaptation in...     

Spotlight on research integrity: international insights on strengthening research culture in the forensic sciences and beyond

The Singapore Statement on Research Integrity, articulated during the 2nd World Conference on Research Integrity in 2010, encompasses principles that apply to all research endeavours, including the various disciplines that comprise the field of forensic science Singapore Statement on Research Integrity (2010) (https://wcrif.org/guidance/singapore-statement). Cases of research misconduct and breaches of research integrity in any field undermine the trustworthiness of research and make it difficult if not impossible for others to rely upon and replicate research results. Moreover, problems in the research environment, whether in the academic, public, or private sector, can include bullying and harassment, discrimination, abuse of power and corruption, as well as competitive pressures related to employment and status.     

Food security or commercial business? Gulf State investments in Australian agriculture

Worldwide investments in agricultural land have gained much attention in recent years, resulting in renewed awareness of land as being a scarce and finite resource. This paper investigates a case of South-to-North land deals, namely investments from the Arab Gulf targeting agricultural land in Australia. For the Arab Gulf States that highly depend on external food supplies, investment abroad is one strategy to guarantee future food security. At the same time, leading Australian political and economic representatives have been eager to attract investments from the Gulf. Increasing foreign investment in Australian land has, however, provoked a vivid public debate in Australia. Concepts of foreign direct investment and its role are currently renegotiated on the federal level with regard to Australia's own food security, the ‘national interest’ and the redefinition of ‘Australian agricultural land’. While these concerns also play out on the local level, investments have to be seen within the wider context of Australian ruralities. The paper reveals how food security and commercial and financial interests intersect and become blurred within current transformations of the global agri-food system.     

The costs of electoral fraud: establishing the link between electoral integrity,winning an election,and satisfaction with democracy

Previous research has shown that voters’ perception of electoral fairness has an impact on their attitudes and behaviors. However, less research has attempted to link objective measurements of electoral integrity on voters’ attitudes about the democratic process. Drawing on data from the Comparative Study of Electoral Systems and the Quality of Elections Data, we investigate whether cross-national differences in electoral integrity have significant influences on citizens’ level of satisfaction with democracy. We hypothesize that higher levels of observed electoral fraud will have a negative impact on evaluations of the democratic process, and that this effect will be mediated by a respondent’s status as a winner or loser of an election. The article’s main finding is that high levels of electoral fraud are indeed linked to less satisfaction with democracy. However, we show that winning only matters in elections that are conducted in an impartial way. The moment elections start to display the telltale signs of manipulation and malpractice, winning and losing no longer have different effects on voter’s levels of satisfaction with democracy.     

Der Europ?ische Gerichtshof als Motor der Integration: Eine akteursbezogene Erkl?rung

For nearly five decades, the European Court of Justice (ECJ) has developed a decisively pro-European case law and has become the ??engine of integration??. Institutional explanations shed light on the Court??s room for manoevre. They have to be complemented by actor-centered explanations that shed light on the judges?? motives of action. The explanation offered by the following paper is unfolded in two steps. In the first one, the article describes idiosyncrasies of the European law discourse that already shaped the judges before they were appointed. The analysis of the idiosyncrasies corresponds to a scepticism towards the idea of national sovereignty, a belief in the necessity of creative and idealist, law-augmenting judges and a dominance of output-oriented legitimization strategies. In a second step, the article shows that in the sociological sense the ECJ judges constitute a group. While the individual judges share an understanding of the aims and functions of European law, the group develops its own identity and grants status to those who perform successful actions with respect to the common integration agenda. This explanation is more realistic than ??rational choice?? explanations which point to the direct and personal benefits that judges derive from their pro-European case law.