Publications

This is a searchable catalogue of the College's most recent books and working papers. Other papers and publications can be found on SSRN and the ANU Researchers database.

Et Lex Perpetua: Dying Declarations and Mozart’s Requiem

Author(s): Desmond Manderson

This essay presents a joint history of music and society in relation to legal change particularly in the law of evidence, around 1750. the paper argues that the dramatic changes in both fields reflected similar social transformations which together changed their normative structure and assumptions, their relationship to text, interpretation, and authenticity, and their affective, instrumental, and normative ambitions. The history of music and the history of law are imbricated and entwined. Mozart's Requiem and the law on Dying Declarations are both transitional moments in the birth of formalist in law and music alike; both reflect changing and powerful ideas about text, meaning, interpretation, and, ultimately, about death.

Read on SSRN

Centre: CLAH

Research theme: Legal Theory

Modes of Law: Music and Legal Theory - An Interdisciplinary Workshop Introduction

Author(s): Desmond Manderson

This essay introduces an interdisciplinary symposium held at Cardozo School of Law in New York, and argues for a new field of study on the relationship between music and legla theory - historical, social, semiotic, symbolic, and theoretical. The symposium gathered leading figures from fields of legal theory, social theory, and musicology to present their work.

Read on SSRN

Centre: CLAH

Research theme: Legal Theory

Et Lex Perpetua: Dying Declarations and Mozart’s Requiem

Author(s): Desmond Manderson

This essay presents a joint history of music and society in relation to legal change particularly in the law of evidence, around 1750. the paper argues that the dramatic changes in both fields reflected similar social transformations which together changed their normative structure and assumptions, their relationship to text, interpretation, and authenticity, and their affective, instrumental, and normative ambitions. The history of music and the history of law are imbricated and entwined. Mozart's Requiem and the law on Dying Declarations are both transitional moments in the birth of formalist in law and music alike; both reflect changing and powerful ideas about text, meaning, interpretation, and, ultimately, about death.

Read on SSRN

Centre: CLAH

Research theme: Legal Theory

Modes of Law: Music and Legal Theory - An Interdisciplinary Workshop Introduction

Author(s): Desmond Manderson

This essay introduces an interdisciplinary symposium held at Cardozo School of Law in New York, and argues for a new field of study on the relationship between music and legla theory - historical, social, semiotic, symbolic, and theoretical. The symposium gathered leading figures from fields of legal theory, social theory, and musicology to present their work.

Read on SSRN

Centre: CLAH

Research theme: Legal Theory

Authority and Corporeality: The Conundrum for Women in Law

Author(s): Margaret Thornton

Despite a significant increase in the number of women in the legal profession, women continue to be disproportionately represented in the lower echelons. It is apparent that the liberal progressivist thesis, which avers that the asymmetry will be remedied through numerosity, cannot be sustained. Structural theories of discrimination may be invoked to explain the gender differential, but it is argued that such theories are inadequate. The key to the conundrum lies in the social construction of femininity and masculinity through what are termed the ‘fictive feminine’ and the ‘imagined masculine.'

Drawing on qualitative research conducted for Dissonance and Distrust Women in the Legal Profession (Oxford University Press, 1996), the paper considers the ways in which the gender boundary is maintained so that the masculine remains the norm and the feminine the `other' for legal practice. It is argued that mechanisms emphasising the sexed body of the woman lawyer, including eroticisation, abjection, and motherhood, continue to reproduce conventional notions of the feminine and to diminish the authority of women as legal knowers in subtle ways.

Read on SSRN

Centre: CIPL, CLAH, PEARL

Research theme: Human Rights Law and Policy, Law and Gender, Legal Education, The Legal Profession

Statuta and Acts: Interpretation, Music, and Early English Legislation

Author(s): Desmond Manderson

This article compares music and law in the period 1200-1500 in order to highlight the shared social and textual history of each, looking particularly at changing ideas of normativity, authority, and textuality in each genre and arguing for the significance of music for the changing social meaning of law and law for the changing social meaning of music. Formal, textual,a nd social analysis cohere to develop an argument for music as an important field of inquiry into the cultural representation of law.

Read on SSRN

Centre: CLAH

Research theme: Legal Theory

Remedying Discriminatory Harms in the Workplace

Author(s): Margaret Thornton

This paper explores the concept of remedies in the context of Australian anti-discrimination legislation in the workplace. It highlights the paradox between the individualized nature of a complaint and the necessity for a complaint to establish membership of a class. This paradox has deterred tribunals and courts from devising class-based remedies for discriminatory harms.

Read on SSRN

Centre: CIPL, CLAH, PEARL

Research theme: Human Rights Law and Policy, Law and Gender, Legal Education, The Legal Profession

Australia's Territorial Sea: International and Federal Implications of Its Extension to 12 Miles

Author(s): Donald Rothwell

In November 1990 Australia extended its territorial sea from 3 to 12 nautical miles. This article examines the consequences of this extension under international and municipal law, and draws comparisons with the experience of the United States and Canada in relation to their territorial seas. The expansion of Australia's territorial sea has some noteworthy features under international law in its effect on Australia's territorial claims in the Antarctic, and on the maritime delimitation between Australia and Papua New Guinea in Torres Strait. The consequences of the extension under municipal law arise from the unique offshore regime agreed between the federal government and seven state and territorial governments in 1979, by which jurisdiction over the territorial sea is divided between central and regional governments. Australia's federal constitutional structure has created problems of offshore jurisdiction similar to those experienced in Canada and the United States, but the solution adopted is markedly different. The Australian settlement may prove a useful model for federations trying to reach an agreement over offshore areas.

Read on SSRN

Centre: CIPL, CLAH

Research theme: International Law, Military & Security Law

Pages

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