Lawyers,law schools and social change – defining the challenges of academic legal education in the late modernity

This article argues that due to their position and task in society, legal professionals are confronted with specific difficulties connected to contemporary circumstances. To outline these circumstances, this article draws on the work of Ulrich Beck and Zygmunt Bauman and places both theories within the late modernity. Lawyers need to be able to deal with the difficulties late modernity poses and are therefore in need of appropriate knowledge and skills. Law schools should offer relevant schooling so that their students are equipped to deal with the difficulties confronting them in late modernity’s society. This article offers a first inquiry into the challenges that lawyers currently face, alongside anticipating alteration of academic law school programs by clarifying the challenges caused by two societal processes in late modernity, namely (1) the increase of technological possibilities and, simultaneously, the demystification of science; and (2) globalization. These processes lead to a complex society ruled by uncertainty that faces the challenge of allocating responsibility. In addition, some initial suggestions are presented regarding the conceivable adjustments to academic legal education in late modernity.     

The impact of international human rights norms—a “law undergoing evolution”

Abstract

In this paper, the author outlines the history of, and reasons for, the growing impact of international human rights jurisprudence upon the work of judges in New Zealand, Australia, England and elsewhere in the Commonwealth of Nations. Formerly, international and domestic law were virtually entirely separate. But now, there is increasing legal authority to support the use of international human rights jurisprudence in domestic judicial decision‐making. It can be done in the application of constitutional or statutory provisions reflecting universal principles stated in international treaties. But, according to the Bangalore Principles, it can also be done where there is a gap in the common law or where a local statute is ambiguous. The judge may then fill the gap or resolve the ambiguity by reference to international human rights jurisprudence which will ensure that domestic law conforms, as far as possible, to such principles.

In its decision in Tavita, the New Zealand Court of Appeal declared this to be “a law … undergoing evolution”. The author outlines some of the impediments and problems for the evolution. But he also collects the reasons why it is a natural and inevitable phase of the common law in the current age. He suggests that judges should be aware of the developments. In appropriate cases, they should inform their decisions with relevant international human rights jurisprudence. That will at least ensure that they develop domestic human rights law in a principled way, consistently with international law, and not in an idiosyncratic fashion “discovering” new fundamental rights which may otherwise be criticised as mere judicial invention.     

Agents’ response to inefficient judiciary: social norms and the law in transition

The paper questions the impact of rule-based governance in an environment with poor legal enforcement and general mistrust in the law-setting institutions. We conduct a quasi-experiment and a survey to prove that ??law on books?? can still play a role by triggering the social norm of ??obeying the law??. We furthermore expose and empirically confirm the role of the Corporate Governance Code as a signaling tool, and discuss why in a weak institutional environment the Code??s potential may be even stronger than in the developed market economies.     

The Carhart case and late-term abortions -- what's next in Australia?

A recent case in the United States Supreme Court has indicated a change in course on the issue of abortion rights. In Gonzales v Carhart 127 S Ct 1610 (2007), the Supreme Court, in April 2007, upheld federal legislation banning a particular late-term abortion procedure with no exceptions (even to preserve the mother's life). This column examines the case in the context of recent Australian cases involving abortion issues. It extrapolates from Carhart to consider the potential for the Australian High Court to disrupt access to safe, medically supervised and performed abortion.     

Does context matter in academic entrepreneurship? The role of barriers and drivers in the regional and national context

With pressure on universities to better contribute to society, academic entrepreneurship is an increasingly recognised source of new knowledge and technologies as well as being a driver of the movement to a knowledge society. However, whilst growing, the level of academic entrepreneurship in Europe is still relatively low. Two reasons that are factors influencing this are inhibitors (barriers) and facilitators (drivers), however the understanding of how their interplay influences academic entrepreneurship, particularly across different context is lacking. For this reason, this study focussed on two environmental settings, European regions and countries, seeking to understand if it is the hurdle (barrier) or (and/or) tail-wind (drivers) that most impacts academic entrepreneurship and how does the regional or national context influence this. An online survey was translated into 22 languages and undertaken in 33 countries in Europe and the European Economic Area. From the original data set, 12 countries in four European regions provided a sample of 2925 responses, with a second step to focus on four ‘lead’ countries within those regions. The results show that there is a significant difference in the university-business cooperation barriers and drivers that effect academic entrepreneurship in the European regions. Furthermore, different barriers and drivers were found to significantly affect the four lead countries with barriers and drivers being able to provide a good explanation of the extent of academic entrepreneurship in the UK and Germany, and a limited explanation of entrepreneurial activity by Spanish and Polish academics. Overall the article contributes to the literature of resource-based theory and also the understanding of factors influencing European academic entrepreneurship.     

Prosecuting in paradise – race,politics and the rule of law in Fiji

This article looks at the violent coup in Fiji in 2000 led by George Speight in which the multiracial Government of Mahendra Chaudhary was overthrown. The article gives an insider's account of a subsequent criminal trial of some senior political figures who had supported Speight, including the Vice-President of Fiji. They were charged with taking treasonous oaths of office to serve in a rebel Government under Speight at a time when the legitimate Head of State, President Ratu Sir Kamasisi Mara, was struggling to prevent the nation from descending into total chaos and anarchy. The article considers how the trial had important ramifications for the rule of law in this developing south Pacific nation.     

Fighting impunity in hate crime — history,ethics, and the law: An interview with Harsh Mander

Jindal Global Law Review - This interview with writer and activist Harsh Mander was conducted on 21 and 23 April 2020 while numerous instances of hate crime, during the severe COVID-19 lockdown,...