Cave Jurisdictionem – Recent Cases on Family Law and Conflicts in Australia

This article examines some recent decisions of the Family Court of Australia as they relate to matters of private international law in family law matters. Although the notion of forum non conveniens is considered, a major focus remains on the approach of the jurisdiction to the Hague Convention on Civil Aspects of International Child Abduction. In the various issues which have appeared before it, the Family Court of Australia has demonstrated a degree of confusion which suggests that other jurisdictions should be cautious in their dealings with Australia in the areas which the article discusses.Professor of Law, University of Newcastle (NSW).     

Feminist Reflections on Researching So-called ‘Honour’ Killings

Drawing on 2 years of field research conducted between 2008 and 2010 in London’s Kurdish community, I discuss the practical and ethical challenges that confront researchers dealing with violence against women committed in the name of ‘honour’. In examining how feminist methodologies and principles inform my research, I address issues of researcher positioning and the importance of speaking with, rather than for, marginalised groups. I then explore the difficulties of operationalising this position when dealing with honour-based violence. Using the interview data from the 2008–2010 study and a case study of the trial of Mehmet Goren (who was convicted in 2009 of murdering his daughter Tulay for supposedly dishonouring their family), I discuss the socio-cultural norms and values underlying honour codes, examining both the position of men and women in relation to the maintenance of family honour and the regulation of women’s sexuality and conduct. In particular, I explore the difficulties inherent in obtaining and understanding victims’ own personal narratives, especially in legal settings, while simultaneously showing how it is only through empowering women to speak for themselves that we will be able to bring about the deep societal changes needed to eradicate honour-based violence.     

Democratic babies? Françoise Dolto,Benjamin Spock and the ideology of post-war parenting advice

ABSTRACT

This article looks at the political implications of a subject not always thought of as directly political, but which has an important ideological component: child-rearing advice. The period after 1945 offers an important example of how this topic can interact with developments in political ideology. This article takes the example of France, with substantial comparative reference to the US and Britain. It argues that the mid-twentieth century was characterized by a move from a hygienist and behaviourist approach to child rearing to a more liberal, humanist approach informed by Freudian psychoanalysis. This occurred significantly later in France – in the 1970s – than in Britain or the US, where it is associated with the years immediately after World War II. Through a comparison of two celebrated childcare experts who epitomized the change – Françoise Dolto in France, Benjamin Spock in the US – the paper explores the reasons for this temporal discrepancy. It shows that Anglo-American experts believed that the widespread application of psychoanalytic theory would help produce democratic citizens and ward off the dangers of authoritarian personalities. In France, psychoanalytic approaches became allied with conservative Catholic views of the family and women’s roles, with implications for family policy into the twenty-first century.     

Frontier expansion and settlement in lowland Bolivia

This article examines the expansion of cash crop production into the lowland Bolivian frontier and explores the dynamics of class formation that shaped peasant political consciousness. It discusses the factors that moulded local‐level response to the conditions created by capitalist development: the process of social differentiation that affected settlers and the relationship between subsistence agriculture and wage labour; the tensions between settlers and large‐scale entrepreneurs; and changing state policies and economic conditions. It concludes that rigid analytic distinctions between peasants and proletarians ignore the historical development of production relations in Bolivia.     

Same-Sex Marriages,Conflict of Laws and Public Policy -- a Modern Commentary

The article is concerned with the policy implications of the legal recognition of same-sex relationships. It is represented by an extrapolation from the decision of Chang J. of the Hawaii Circuit Court in Baehr and Others v. Miike as well as a consideration of the reaction to that case in the United States and of the literature surrounding the policy issues generated by the issue at large in Australia and elsewhere.     

Public Intellectuals as Media Critics

In the 1940s, leading public intellectuals established a commission to reform the American press. Many of them initially favored heavy regulation of newspapers and other media. Though the men failed to change the press, their report lives on in schools of journalism.