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Foucault goes to law school: using Foucault to examine Australian legal education


This paper will consider the way that Foucault’s work has been utilised to examine Australian legal education, particularly in the context of understanding the construction of the legal identity. While remaining sensitive to the many potential ‘uses’ of Foucault’s tools, as well as his problematisation of the author as an organising feature of discourse, this...
Article

What force should we give to advance health statements?


There are pitfalls in giving advance statements the force of law, writes John Chesterman.
Report

The Australian consumer law: consultation on draft regulation impact statements


This is a draft consultation regulatory impact statement on reforms based on best practice in state and territory consumer protection laws, and a new national product safety regime. These reforms are being considered as part of the development of the Australian consumer law. The proposals in this report are due to be presented to the...
Report

Provocation in sentencing (second edition)


First published in February 2008, the research paper was written in response to the abolition of provocation as a partial defence to murder following the Victorian Law Reform Commission's review of defences to homicide. The Commission recommended that, rather than raising a partial defence to murder, provocation should simply be taken into account in the...
Briefing paper

Australian citizenship: a chronology of major developments in policy and law


This background note focuses on citizenship within the context of Commonwealth legislation and does not attempt an analysis of the meaning of Australian citizenship or different theories of citizenship. Image: billh18 / Flickr