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A 14-year-old boy in a country town has his first gulp of beer in a street. A passing police officer charges him. How is it that the first resort in many cases in Australia is to immerse the child in the criminal justice system?
If Singapore's courts convict ABC journalist Peter Lloyd of drug charges, his sentence may include 15 lashes. In a better world, 'restorative justice' would allow him to do something positive to counter the social ills that led to his actions.
It seems the AFL has a double standard when it comes to its treatment of players and club executives. While the AFL was announcing its charge against Ben Cousins, Carlton Football Club was saying the price-fixing conviction of its executive Richard Pratt was not a relevant concern.
The power of the State can be exercised capriciously and unaccountably when the “Don’t ask; don’t tell” approach to government is immune from parliamentary, judicial or public scrutiny. It is the task of lawyers to make it more difficult for politicians to take this approach.
We think it is wrong for foreign states to impose the death penalty on Aussie drug traffickers and drug mules. But we apply different reasoning to non-Australians facing death at the hands of the state. The practical, hands on, Aussie approach often plays fast and loose with moral reasoning about what is right and wrong.
In this edited extract from the 2006 Manning Clark Lecture, ‘5 R’s for the Enlargers: Race, Religion, Respect, Rights and the Republic’, Frank Brennan focuses on respect.
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