Gender,Indigeneity, and the Criminal Courts: A Narrative Exploration of Women's Sentencing in Western Australia

Ethel Rosenberg's prison letters illustrate women's prison writing at a transitional point. Preceding her work are prison writings that focus on self-justification and autobiography; afterward come texts that assert the writer's pride and challenge the penal system and society. Rosenberg's correspondence includes elements of both traditional and contemporary women's prison literature. Along traditional lines, her letters focus on family matters and her own mental state as she attempts to adapt to imprisonment. In their outright assertions of pride in self and anger at perceived injustice, Rosenberg's letters point ahead to the writing of women inmates today.     

民法编纂背景下侵犯公民个人信息罪的保护法益：信息自决权——以刑民一体化及《民法总则》第111条为视角

为避免法益概念的抽象化并充分发挥法益限制处罚的机能，在已确定侵犯公民个人信息罪保护法益为个人信息权的前提下还应将之具体化。在民法编纂背景下，基于刑民一体化视角与法秩序统一性原理，并结合《民法总则》第111条的规定，侵犯公民个人信息罪的保护法益是个人信息权中的信息自决权。分析欧美两大模式个人信息保护的理论源头，个人信息的使用体现出信息主体的意志力，具有赋权效果，以信息自决权作为该罪法益可突出个人信息权在理论源头上与人的尊严和自由密切相关性。基于民法要扩张刑法要谦抑的理念，侵犯公民个人信息罪所保护的也不是等同于民事权利的个人信息权，而是其中最重要的权利即个人信息自决权；以信息自决权作为侵犯公民个人信息罪的保护法益，正是对刑法一般性的自我决定权的丰富和发展，并能充分发挥刑法保护公民自由等个人法益之机能。信息自决权司法实践中具有甄别值得处罚的侵犯公民个人信息行为的机能。     

This Word is (Not?) Very Exciting: Considering Intersectionality in Indigenous Studies

Gender and intersectional approaches can provide important insights and reflections for indigenous studies. Issues related to indigenous people and communities are broad and complex. Doing research within indigenous studies has to consist of more than simply discussing indigenous identity. I argue that intersectional approaches of varying kinds provide an opportunity to understand several aspects of identity and a diverse set of issues relevant to indigenous communities. Using intersectional approaches enables one to maintain a critical focus on power. In this article, I describe indigenous studies and intersectionality separately, then move on to a discussion of how intersectionality and gender perspectives can be used within indigenous studies. The starting point for intersectional approaches as well as for indigenous studies is the margins rather than the centre. The focus of the article is on methodology, which is based on the reading of literature from indigenous methodologies, gender studies, and intersectionality. A key concept is the cultural interface, which points towards the existence of plural subject positions both for individuals and within a community.     

The Shifting Tides of Pacific Regionalism

Abstract

The current state of Pacific regionalism is faced with a range of external and internal factors that are acting to reshape the region and which call for a rethinking of Pacific regionalism. Within this context a range of new and in some cases reinvigorated groupings of political actors have emerged, seeking to influence and shape the region. Interpretations of this plurality of political groupings differ, with some authors seeing it as a direct challenge to the previously existing regional order, while others argue it signals a return to a foundational Pacific voice in regional politics. This article suggests that the present plurality is more than resituating a ‘Pacific voice’ and is not necessarily a challenge to the existing order. Rather, the Pacific’s experience mirrors global trends in the evolution of regionalism as a practice, in which network diplomacy or coalition-building across the plethora of actors will become a predominant feature of new regionalism. Further, the authors argue that the Framework for Pacific Regionalism provides the platform for effectively navigating this new context through facilitating the politics of networks and coalitions to drive the shared interests of the region, and presents a shared platform to test paradigm-shifting ideas.     

“对话”的本土心理学

本土心理学的内涵已经不仅仅是将心理学研究植根于本土文化当中,而且还要考虑本土文化内涵意义的显现途径以及在文化显现中主体与文化、研究者与被研究者的关系。应当在本土心理学研究中确立一种对话的关系,这种对话的关系表现为文化与文化的对话、主体与文化的对话以及研究者与被研究者的对话。只有在对话中,本土心理学研究才可能具有现实性。     

构建文学经典在《综合英语》课程教学中的辅助作用

《综合英语》课程的教学过程中师生关注的重点侧重于教材中节选自各种题材或体裁的文本内容,较少涉及英美文学作品本身。而文学经典因其涵盖的丰富内容,在学生语言技能的构建和人文素养的培养过程中应当发挥重要的辅助作用。结合应用学习者自我决定论和合作学习策略,阐释了教师可以在《综合英语》课程的教学过程中取得重构文学经典的助学地位和提高英语专业学生人文素养的双赢效果。     

The Pinjarra Massacre Site Project

SUMMARY

The work described in this article came about as a result of the author's doctoral studies. What began as a program of action research developed into concrete social action dealing with issues of social justice and reconciliation between Indigenous and non-Indigenous groups in a town in Australia's Southwest. The strong collaborative partnerships that developed during the research process led to employment on a project concerned with promoting the recognition of a massacre of local Indigenous people in the early days of European invasion. While a community psychologist was not necessarily the obvious person for the job, the article demonstrates how key principles of community psychology guided the project, and were in fact vital for its success.     

The contradictions of democratization by force: the case of Iraq

The article uses the Iraq example to show that the project of imposing democracy from outside by force is inherently contradictory and likely to fail, for reasons that go beyond the particular circumstances of the country or the Middle East. The paper then reviews a number of historical cases that have been supposed to show that democracy can result from armed invasion, and concludes that this was only so because in no case was imposing democracy the prime purpose of an invasion. Finally, it draws attention to the consequences for the quality of democracy at home in the countries most responsible for seeking to export democracy by force of arms.     

The Rehabilitation of Indigenous Prisoners

Abstract

The massive problems experienced by Indigenous Australians in their encounters with the criminal justice system have been well documented and widely discussed. This paper applies the Risk, Needs and Responsivity Model of rehabilitation to Indigenous offenders. While much of the review is devoted to a discussion of Australian Indigenous offenders, the issues raised are likely to be relevant to Indigenous groups from other countries and, possibly, ethnic minority offenders more generally. We concluded that whilst the model clearly has value, rehabilitation programs would benefit from a careful consideration of issues relating specifically to the Risk, Needs and Responsivity of Indigenous offenders.     

Changing Agendas in Australian Indigenous Policy: Federalism,Competing Principles and Generational Dynamics

This paper identifies two periods of punctuated change in the content and style of Australian Indigenous policy in the last fifty years. It also identifies a third period in which attention to Indigenous policy was heightened through the nationalisation of land issues already well‐established on the agendas of sub‐national jurisdictions. The paper relates all three periods to the changing federal institutions of Australian Indigenous policy, with the Commonwealth slowly exploring its post‐1967 role as a national government in Indigenous affairs. In later sections, the paper identifies some more conceptual bases of changing policy agendas, through ideas of the competing principles of equality, choice and guardianship and the generational moral dynamics of Indigenous affairs.