Stakeholders,natural resource management and Australian rural local governments: A Q methodological study

This paper reports on a Q methodological study of stakeholder perceptions of rural local government management of natural resources. Data analysis of the Q sorts revealed that there are five distinct stakeholder perspectives relating to rural local government and natural resource management. In terms of natural resource management at the local level rural stakeholders perceive local government as an unwilling participant, an inconsequential participant, as a problematic participant, as a potential participant, and, most positively, a participatory partner. The paper describes each of these five stakeholder perspectives in detail before examining the implications of these findings for greater natural resource management at the local level in non-metropolitan Australia.     

The legal profession's beautiful myth: surveying the justifications for the lawyer's obligation to perform pro bono work

This article considers some of the substantive and normative claims underlying the performance of pro bono work by lawyers – that lawyers have always done pro bono work and that it is an essential element of what it means to be a lawyer. Following a brief survey of global pro bono activity, the article considers some of the drivers for pro bono work. It identifies three main streams of thought regarding the obligation to perform pro bono work, characterised as the historical arguments, the public service argument, and the ‘lawyer as gatekeeper’ or monopoly argument. Following an analysis of each position, the article concludes that while the historical evidence for a pro bono tradition is not strong, and that the public service and monopoly arguments are open to dispute, there is nonetheless a very strong ‘mythical’ force associated with pro bono work. Its power may thus lie as much in its ability to motivate altruism among lawyers, as it does in any historical or theoretical basis.     

Microfinance and women's empowerment: A lesson from India

This article describes an NGO project intended to empower scheduled caste women working in the silk-reeling industry in India through the provision of microfinance. It documents the impact that the project had on their economic and social status over a period of time and highlights the negative consequences of excluding male relatives from playing any meaningful role. It suggests ways in which the project might have been made more male inclusive while still empowering women. At the same time, it acknowledges that even if the men's hostility to the project had been overcome, the women's micro enterprises were unlikely to have been viable commercially. This is because the project insisted that the women operate as a group in what was a high-risk area of economic activity, with no clear strategy as to how their work could be sustained.     

“I Fought. I Screamed. I Bit”: The Assertion of Rights Within Historic Abuse Inquiry Transcripts

ABSTRACT

This article examines how treating historic abuse inquiry testimonies as retrospective assertions of rights can help to shed light on how this abuse was able to occur and how memories are recalled in an inquiry environment. It presents its approach as a possible framework for other historians seeking to analyse testimonies with sensitivity. It uses, as an example, a case study from the Australian Royal Commission into Institutional Responses to Child Sexual Abuse concerning two interrelated “homes” for girls, showing the ways in which abuse survivors can use their testimonies to assert rights denied them in the past and further the goals of public inquiries.     

The presence of feminism in the future of welfare

This article argues that the contribution of second wave feminism to new welfare practice and provision is greater than recent discussions of welfare reforms have acknowledged. Along with other new social movements and grass-roots welfare campaigns, feminist activism and its critiques provide an important moral and political case for a new welfare society. This paper proposes four principles which underpin such a case – autonomy, mutualism, inclusive diversity and voice. Aspects of these are discussed, developing, in particular, an argument for a political ethic of care.     

‘Substantial and Radical Change’: A New Dawn for Scottish Criminal Procedure?

This paper discusses the recommendations of the Carloway Review, which was established to review law and practice in criminal cases following the introduction in Scotland of a right to legal assistance during detention. A number of recommendations are made in the Review, including the introduction of stricter time limits governing the detention of suspects, the removal of the corroboration requirement, the rejection of adverse inference provisions, and a change in the manner in which the appeal court deals with cases referred to it by the Scottish Criminal Cases Review Commission. It is argued that while some of these recommendations are to be applauded, others are poorly reasoned and some may lead to a dangerous reduction in protection against wrongful conviction.