8,259 research outputs found
Preventative detention: Asking the fundamental questions
No full textIf a person poses a risk to society, why not lock them up before they do something bad? If they haven't been rehabilitated in prison, why let them out? These questions have vexed governments throughout the world. 'Preventive detention' is now widely used for the management of'dangerous people', particularly terror suspects and sex offenders. The chapters of this volume examine preventive detention jurisprudence in Australia, Germany, New Zealand, the United Kingdom and the United States and address the fundamental questions that need to be asked and answered when governments consider whether to introduce these regimes:*Can preventive detention regimes be consistent with human rights? *Are our risk assessment methodologies sufficiently reliable to justify preventive detention orders? *Are there policy alternatives to preventive detention?In their important chapter in this volume, Arlie Loughnan and Sabine Selchow have challenged preventive detention scholars to go further: to go 'beyond traditional legal concerns and a concern for effectiveness, to ask what preventive detention does to society' (emphasis added). I briefly address that question at the end of this chapter, which defines key concepts and themes used in this collection.<br/
Art, Biography, Sexuality: Patrick Procktor and Keith Vaughan
No full textThis critical review forms a reflection on the research published within the following publications:
Patrick Procktor: Art and Life (Unicorn Press, 2010)
Keith Vaughan: The Mature Oils 1946-1977, (Sansom & Co., 2012)
The research is on two artists, Patrick Procktor (1936-2003), and Keith Vaughan (1912-1977). The monograph on Procktor – previously one of the least documented of the generation of artists who came to prominence in London in the Sixties – positions him in a history of art from which he had been notably absent. The research on Vaughan asserts a new reading of his work, one that is both deeper and more nuanced in its analysis of the ways in which personal experience and sexuality are encoded autobiographically within his work. Crucially, in both artists biography and work are symbiotically linked; the research therefore examines the links between life and art.
Revisionary in intent, the work examines trajectories of experience of gay British (or rather, English) artists in the twentieth century, artists who sought to express themselves and forge careers within the constraints of a heteronormative society, albeit one in which attitudes to sexuality were undergoing change. As gay men, both were constrained by the social mores of their times, and each used painting as a means to affirm personal and sexual identities. A key research interest is in the ways in which sexuality and persona are reflected in critical responses to the artist’s work: in Vaughan, Procktor and other gay male artists of the period. The writing on both Procktor and Vaughan examines the relationship between their personal and professional/artistic lives, framed within a broader socio-political and art historical context. It asserts the place of biography as a means to understand and form new readings of the work. The work adds substantially to the literature and wider discourse on post-war British painting and social history
Who should speak for the courts and how? The courts and the media today
No full textIn late 1996, the High Court handed down its judgement in the Wik native title case. A majority of the High Court held that native title could persist in pastoral leaseholds. The Howard government castigated the High Court, saying that the decision would create legal uncertainty and threaten investment. Alarmist and inaccurate blogs sprung up throughout cyberspace, claiming that successful native title claims could be successfully made anywhere in Australia
Patrick Chamoiseau Recovering Memory
No full textThis timely new book skillfully examines the work of the award-winning writer Patrick Chamoiseau. Considered by many as one of the most innovative writers to hit the French literary scene in over 40 years, Chamoiseau made his name with his book Texaco (published in 1992 and winner of the highest literary prize in France, the Prix Goncourt). His books have gone on to sell millions and his work has been translated by a number of academic presses. McCusker sets the author in context, providing a valuable contribution to 'memory studies' by looking at literary representation of memory in Martinique, a society founded on slavery but now politically assimilated to the metropolitan centre, France.Title Page -- Contents -- Introduction -- 1: Beginnings: The Enigma of Origin -- 2: 'Une tracée de survie': Autobiographical Memory -- 3: Memory Re-collected: Witnesses and Words -- 4: Memory Materialized: Traces of the Past -- 5: Flesh Made Word: Traumatic Memory in Biblique des derniers gestes -- Afterword -- Notes -- Bibliography -- IndexThis timely new book skillfully examines the work of the award-winning writer Patrick Chamoiseau. Considered by many as one of the most innovative writers to hit the French literary scene in over 40 years, Chamoiseau made his name with his book Texaco (published in 1992 and winner of the highest literary prize in France, the Prix Goncourt). His books have gone on to sell millions and his work has been translated by a number of academic presses. McCusker sets the author in context, providing a valuable contribution to 'memory studies' by looking at literary representation of memory in Martinique, a society founded on slavery but now politically assimilated to the metropolitan centre, France.Description based on publisher supplied metadata and other sources.Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, YYYY. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries
The rehabilitation of preventive detention
No full textThe right to liberty is a fundamental human right, entrenched as a customary right and enshrined in numerous international right covenants through the protection of the individual against arbitrary interface by the State. Nevertheless, the right to personanl liberty is not absolute, with the state also having the legitimate right to ensure public safety. Over the last few decades, however, legislatures around the world have increasingly implemented preventive detention regimes, and in a wider variety of circumstances. This chapter begins with an overview of the right of liberty and its particular application to indefinite and preventive detention measures. It provides short histories of the indefinite and preventive detention regimes in Germany and Australia and the recent findings of both ECHR and the UNHRC that the use of preventive detention in both countries was incompatible with human right covenants. It concludes with an outline of how indefinite detention measures can continue to be implemented in a manner that is also compatible with human rights
Replication Data for: Endogenous Price Commitment, Sticky and Leadership Pricing: Evidence from the Italian Petrol Market
No full textThe do-file contains the code to replicate "Endogenous Price Commitment, Sticky and Leadership Pricing: Evidence from the Italian Petrol Market", published in the International Journal of Industrial Organization, vol. 40(C), pages 32-48, by Patrick Andreoli-Versbach and Jens-Uwe Franck.
Contact author is Patrick Andreoli-Versbach. E-Mail: [email protected]
Replication Data for: Endogenous Price Commitment, Sticky and Leadership Pricing: Evidence from the Italian Petrol Market
No full textThe do-file contains the code to replicate "Endogenous Price Commitment, Sticky and Leadership Pricing: Evidence from the Italian Petrol Market", published in the International Journal of Industrial Organization, vol. 40(C), pages 32-48, by Patrick Andreoli-Versbach and Jens-Uwe Franck.
Contact author is Patrick Andreoli-Versbach. E-Mail: [email protected]
The investigation in "Dora Bruder" of Patrick Modiano
No full textreservedIl presente lavoro si propone di affrontare il tema dell’indagine, dell’inchiesta investigativa nel romanzo “Dora Bruder” dello scrittore francese Patrick Modiano, pubblicato nel 1997. Si tratta del più noto successo editoriale dell’autore, il quale, in una narrazione al contempo biografica ed autobiografica, si mette sulle tracce di Dora Bruder, una giovane ragazza ebrea scomparsa nel 1941, di cui si sono perse definitivamente le tracce. La presente tesi si compone di tre capitoli. Nel primo, si analizzeranno i motivi che spingono l’autore ad occuparsi della vicenda della giovane ragazza scomparsa proprio durante la seconda guerra mondiale. Successivamente, nel secondo capitolo, si passerà ad affrontare come l’autore compie la propria indagine per comprendere che cosa le sia accaduto, diventando una sorta di investigatore su un vecchio caso di scomparsa. Ed infine, nell’ultimo capitolo, si analizzerà quale sarà l’esito della sua indagine.This work proposes to deal with the subject of investigation in the novel "Dora Bruder" by French writer Patrick Modiano, published in 1997. It’s the most known publishing success of the author, which, in a narrative in the meantime biographical and autobiographical, goes on the trail of Dora Bruder, a young Jewish girl disappeared in 1941, of whom all traces have been definitively lost. This thesis is composed by three chapters. In the first, we will analyse the reasons why the author deal with the story of the young girl vanished during the Second World War. Then, in the second chapter, we will approach how the author does his own investigation to understand what happened to her, becoming sort of a detective on an old case of disappearence. Finally, in the last chapter, we focus on which it’ll be the outcome of his investigation
Open constitutional courts
No full textSometimes a group is rich enough and philanthropic enough to fund a constitutional challenge to a piece of legislation. GetUp's victory in the High Court of Australia in August 2010 is an example - and as a result nearly 60,000 Australians were enfranchised to vote in the general election later that month.Often, however, a challenger doesn't have a wealthy backer and takes a huge risk in mounting the action. Would the Commonwealth cede standing? Would it waive its costs if the challenger lost?Patrick Keyzer's book is a powerful argument the constitututional justice requires the removal of this political, lottery element from a legitimate constitutional challenge. The private law paradigm of litigation, he says, is inappropriate in constitutional cases.Keyzer argues that an application for the judicial review of legislative action should be characterised as an exercise of political free speech, and that the rules governing standing and costs are incompatible with that freedom and should be abolished in constitutional cases.He demonstrates that the constitutional guarantee of judicial review gives rise to a right to know whether a law is constitutionally valid, providing a further rationale for open access. Such open access would supply our constitutional courts with a wider normative horizon, and lend legitimacy to judicial review and its outcomes.A comprehensive discussion of a complex and esoteric subject which is lively and entertaining. The author makes some constructive suggestions for the improvement of access to constitutional justice which are worthy of close attention. - Sir Anthony Mason AC KB
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