Causes of Action: First Findings of the LSRC Periodic Survey

In this paper we report some of the first findings of the LSRC periodic survey of justiciable problems. We confirm the prevalence of justiciable problems amongst the general population. We identify important differences in the experiences of discrete socio–demographic populations, not only in terms of the number of problems faced, but also in terms of the perception of problems and reactions to them. We show that cost is not the principal barrier to taking action or obtaining advice across most problem categories. Other concerns, such as fear or uncertainty as to what can be done are generally more prevalent. We illustrate the range of strategies employed by those who take action, and confirm the rarity of court action. Finally we show that the basic form of Felstiner, Abel, and Sarat's aetiology of lawsuits is recognizable within our findings, although we explain that the manner and form of progression through the various stages is complex and irregular.     

A ‘Discreet Dance’: technologies of menstrual management in Australian public toilets during the twentieth century

Across the twentieth century, the technologies available to Australian women for managing menstruation were transformed. Products for staunching blood flow changed from bulky, re-usable rags to ‘invisible’, disposable pads and tampons. Disposal facilities changed from the humble waste bin, through to incinerators, and eventually to specialised, antibacterial ‘sanitary disposal units’. The greatest impact of these shifts was felt in public toilets: places where women must deal with private bodily functions in semi-public, communal environments. Promotional materials for menstrual products and disposal facilities promised that use of their technologies would obviate age-old menstrual taboos, emancipating women from the anxiety and mortification long associated with menstruation. This paper draws upon oral histories to argue that by the close of the twentieth century the reverse was true. Increasingly efficacious and convenient menstrual products meant that Australian women could more convincingly maintain ‘menstrual etiquette’ by keeping their monthly bleeding almost completely concealed.     

When legal rights are not a reality: do individuals know their rights and how can we tell?

Public knowledge of rights has been the subject of a number of empirical enquiries over the last decade. In England and Wales, knowledge of rights and its relationship with an individual's capacity to ‘self-help’ and ‘self-represent’ when faced with a civil justice problem has become the subject of renewed attention following changes to legal aid which, from March 2013, will see the availability of legal advice and representation dramatically reduced. Previous studies focusing on public knowledge of rights in this (and other) jurisdictions have illustrated a lack of knowledge amongst the general population and more specifically, a widespread tendency of individuals to assume that the law aligns with their own moral, ethical or social attitudes. However, many of these studies have also suffered from methodological shortcomings. In attempting to address some of these shortcomings this study uses an open-ended format to ask individuals with one or one or more civil or social justice problems to describe their rights/legal position. We find that whilst an open-ended question approach to exploring knowledge of rights yields insight not acquired by other formats, its utility is constrained by difficulty reconciling articulation and actual knowledge of rights. We discuss the implications of these findings as they relate to the development of future research in the field of family and social welfare law, Public Legal Education (PLE) and access to justice post-March 2013.     

Ignorance in Bliss: Modeling Knowledge of Rights in Marriage and Cohabitation

We live our lives against an extensive backdrop of legal rights and responsibilities, yet a growing number of studies indicates low levels of public legal literacy. In the context of opposite‐sex cohabitation and marriage law, this study employs new survey data from the United Kingdom to explore, in detail, how many and which people are ignorant of the law, and what are the nature and origins of erroneous beliefs. We find that people's beliefs about both cohabitation and marriage law are frequently wrong. They are also strikingly similar, and reflect the divergence of social attitudes from the law. Our findings are consistent with the notion that legal literacy links to salience of issue. They are also consistent with recent public legal education initiatives that affected public understanding of cohabitation law, but we argue that social attitudes and the intransigence of erroneous beliefs generally present significant challenges to such initiatives.     

Home Is Where Mother Is: Ideals and Realities in Australian Family Houses of the 1950s

Following the austerity of war, Australians in the 1950s were keen to pursue their inter-related ambitions of building families and homes. Architectural design was heavily influenced by modernism and focused particularly on the perceived needs of mothers and children, imagined to be ever-present in the home. Architects recommended modernising and centralising the kitchen so that the mother could efficiently complete chores while supervising her children. They advised designing children’s bedrooms to provide privacy and stimulate creativity, as well as incorporating indoor and outdoor play areas. While these ideals were promoted in housing magazines, analysis of other sources reveals that the reality of 1950s housing was more complex. Many Australians lived in dwellings representing the design conventions of previous eras. For those building new houses in the 1950s, postwar shortages and personal finances often constrained aspirations. Others disliked the fact that modernism challenged traditional spatial and social precepts. Even for that minority residing in newly constructed, architecturally designed housing, families did not always inhabit domestic spaces in the manner anticipated by architects. Attention to a range of historical sources allows a fuller understanding of the broad spectrum of postwar housing and the diverse ways in which 1950s Australian families dwelt in their homes.     

The 2009 Victorian Bushfires Royal Commission: Lessons for the Conduct of Inquiries in Australia

Royal commissions with their wide powers, independence and uncertain outcomes are adopted sparingly by government. Hence, those charged with establishing such an inquiry are often left to begin anew. The 2009 Victorian Bushfires Royal Commission (VBRC) provides a means of exploring lessons for public administration in light of its inquiry approach and internal operation. Similarly, recent reports on the conduct of statutory inquiries provide the opportunity to examine good practice. This article explores the central issue of what mode of inquiry is suited for particular circumstances. It characterises three different types of inquiry and analyses their features. The author provides participant observer insights from the VBRC and reflects on lessons learned.