Regulating Racism

Author: Luke McNamara
Publisher: Institute of Criminology, Sydney
ISBN: 9781864874679
File Size: 56,50 MB
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In 1989 New South Wales became the first Australian state to pass legislation outlawing racial vilification. By 2001 the Commonwealth and the majority of Australian states and territories had followed suit, suggesting a broadly held view that racism was a sufficiently serious problem in Australian society to warrant the imposition of legislative restrictions and sanctions on conduct which generated ill-feeling against particular racial or ethnic groups. And yet, throughout this period the legal regulation of racial vilification has been controversial, with each new legislative reform initiative prompting heated debate. Regulating Racism provides a comprehensive examination of the history and current operation of federal, state and territorial racial vilification laws in Australia. Based on detailed analysis of relevant reports, legislation, parliamentary debates, statistical data, and judicial and quasi-judicial decisions, it reviews the range of approaches to the legal regulation of racial vilification which have been adopted in this country, including the creation of: criminal offences; statutory torts; and grounds of human rights complaint. The book addresses a number of key questions about the origins and operation of racial vilification laws. Why were different legislative models chosen? What are the implications of those choices for victims of racial vilification? What impact have free speech 'rights' and values had on the approach which Australian law-makers have adopted towards the regulation of racial vilification? How have racial vilification laws been applied and interpreted by human rights agencies, prosecuting authorities, tribunals and courts? Regulating Racism evaluates the strengths and weaknesses of the various approaches to the legal regulation of racial vilification which have been utilised to date in Australia. It makes an important contribution to our understanding of the role and limits of racial vilification laws in a democratic multicultural society.

Multicultural Jurisprudence

Author: Marie-Claire Foblets
Publisher: Bloomsbury Publishing
ISBN: 1847314813
File Size: 41,78 MB
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As individuals travel across borders, societies have become more and more pluralistic. The result of increased migration is the interaction among cultural communities and inevitably clashes between state law and customary law. These cultural conflicts have given rise to a new multicultural jurisprudence. In this volume scholars grapple with the immense challenges judges are currently experiencing everywhere. To what extent can and should courts accommodate litigants' requests by taking their cultural backgrounds into account? This collection brings together powerful examples of the cultural defense in many countries in Western Europe, North America, and elsewhere. It shows the ubiquity of this defense, contrary to the mistaken impression that it has been invoked principally in the United States. This book makes the case for undertaking studies of the use of the cultural defense in jurisdictions all over the world where this has not been previously documented. Many of the chapters concentrate on criminal cases including homicide in the context of honour crimes, provocation based on 'loss of face' or witchcraft killings. Some deal with other areas of law such as asylum jurisprudence, family law and housing policy. They show in concrete cases how cultural claims have arisen and how legal systems wrestle with these arguments. It is clear that judges have had considerable difficulty handling many of the cultural claims. The authors demonstrate persuasively the need to reconsider the proper use of cultural evidence in legal proceedings. Those interested in the ways in which expertise influences the disposition of cases will find this book compelling.

Racist Victimization

Author: Georgios Antonopoulos
Publisher: Routledge
ISBN: 1317072030
File Size: 68,52 MB
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This book investigates the phenomenon of racist victimization in a number of countries, uncovering and analyzing its historical roots, its relation to the legal system in a particular national context, its extent and the response to it. Through the international comparative approach adopted and the broad geographical range of studies presented, including national settings which have so far been largely ignored by the literature on racist victimization, the volume offers a truly international perspective on an important social, political and academic issue. As such, Racist Victimization: International Reflections and Perspectives will constitute essential reading not only for sociologists and socio-legal scholars, but for anyone working in the field of race and ethnicity, crime and justice, criminology, victimology or policing.

Hate Speech And Freedom Of Speech In Australia

Author: Katharine Gelber
Publisher: Federation Press
ISBN: 9781862876538
File Size: 45,18 MB
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Hate speech laws have existed in various forms in Australia for well over a decade. Unlike other countries, such as the United States and Canada, they have not faced constitutional hurdles to their existence. The general acceptance of hate speech laws in Australia opens intellectual space for the exploration of a range of interesting questions regarding the laws' operation, the underlying values they pursue and the context within which hate speech is occurring. How should the regulation of hate speech be balanced against Australia's political and cultural commitment to freedom of speech? Who are the hate speakers and how does their speech manifest? What types of hate speech are targeted by existing laws? How are these laws enforced? How can the laws be changed to improve governments' response to hate speech? How does the emergence of bills of rights affect the regulation of hate speech? Drawing on a broad range of academic and practical experts, this book addresses these questions. The essays in first part of this book outline the landscape within which hate speech regulation occurs. They include consideration of the legal, policy and historical context for vilification, the ways in which the language of hatred is changing, and a new look at the longstanding debate about the tension between freedom of speech and hate speech as a conflict between liberty and equality. In part two, the book considers the practice of hate speech regulation in a variety of Australian institutions and includes practical perspectives from the legal profession. In the final part the essays consider hate speech regulation within a broader human rights framework, taking into account the emergence of bills of rights in Australian states.

Speech And Harm

Author: Ishani Maitra
Publisher: Oxford University Press on Demand
ISBN: 0199236283
File Size: 73,38 MB
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Most liberal societies are deeply committed to free speech, but there is evidence that some kinds of speech can be harmful in ways that are detrimental to important liberal values, such as social inequality. This volume draws on a range of approaches in order to explore the problem and determine what ought to be done about allegedly harmful speech.

Juvenile Justice

Author: Chris Cunneen
Publisher: Oxford University Press, USA
ISBN: 9780195550504
File Size: 55,32 MB
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Juvenile Justice: Youth and Crime in Australia explores the nature of juvenile crime and the responses of the juvenile justice system to it. The book introduces the main concepts and issues in juvenile justice and provides an overview of both the dynamics of youth crime and the institutions of social control. This new book builds on the earlier successful work Juvenile Justice: An Australian Perspective and presents an analysis of youth and crime in three parts: Part 1: "History, Theory, and Institutions", has chapters on the historical development of juvenile justice, the key theoretical approaches to explaining youth crime, the nature of youth crime, and the institutional responses to juvenile offending. Part 2: "Social dynamics of Juvenile Justice", has chapters on class and community, indigenous young people, gender and juvenile justice, and ethnic minority youth. Part 3: "The State, Punishment, and Community", has chapters on police, the courts and sentencing, detentioncentres and community corrections, youth crime prevention, and restorative justice. This comprehensive and well-crafted book is an indispensable text for students in criminology, criminal justice, sociology, criminal law, social work, and justice studies. It is also an important reference source for youth and community workers, justice department officials, members of the police, social scientitsts, social workers, and young people themselves.

Australian Journal Of Human Rights

File Size: 47,94 MB
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Minority Rights In Asia

Author: Joshua Castellino
Publisher: OUP Oxford
ISBN: 9780199296057
File Size: 76,95 MB
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Minority rights law has been an important axis for the evolution of international law itself. While much has been written about minority rights regimes in Europe, there is very little information available with regards to Asian experiences. Countries in Asia, with their diverse populations, are struggling with constructing legal systems that will deliver on the promise of equal rights to all its citizens. This book evaluates these attempts in four Asian states: India, China, Malaysia and Singapore by examining the theory and practice of minority rights law in these vastly different settings.

Global Issues Women And Justice

Author: Sharon Pickering
Publisher: Institute of Criminology, Sydney
File Size: 71,34 MB
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Global Issues, Women and Justice explores the ways women seek justice through the nation-state, global process, and international criminal justice mechanisms. It draws on a diversity of academic and advocate voices in examining how women have accessed justice under conditions of globalization, militarization, and colonization. Global Issues, Women and Justice will appeal to academics and activists as a valuable resource for research. As well, it provides numerous case studies of the ways women have mobilized to achieve justice, which will be useful both in the classroom and in campaigning.

Cyber Racism And Community Resilience

Author: Andrew Jakubowicz
Publisher: Springer
ISBN: 3319643886
File Size: 54,92 MB
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This book highlights cyber racism as an ever growing contemporary phenomenon. Its scope and impact reveals how the internet has escaped national governments, while its expansion is fuelling the spread of non-state actors. In response, the authors address the central question of this topic: What is to be done? Cyber Racism and Community Resilience demonstrates how the social sciences can be marshalled to delineate, comprehend and address the issues raised by a global epidemic of hateful acts against race. Authored by an inter-disciplinary team of researchers based in Australia, this book presents original data that reflects upon the lived, complex and often painful reality of race relations on the internet. It engages with the various ways, from the regulatory to the role of social activist, which can be deployed to minimise the harm often felt. This book will be of particular interest to students and academics in the fields of cybercrime, media sociology and cyber racism.