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Keywords: Jurisprudence

  • AUSTRALIA

    2015 in review: Justice in recognition for Aboriginals

    • Frank Brennan
    • 15 January 2016
    9 Comments

    It is now more than three years (and three prime ministers) since the expert panel set up by the Gillard government reported on how the Constitution might be amended to provide recognition of Aboriginal and Torres Strait Islander peoples. When I read the report, my heart sank. It had put forward a comprehensive, but unachievable and unworkable proposal for change. The lesson from 1967 is that a modest change carried overwhelmingly by the Australian people provides the impetus for change.

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  • AUSTRALIA

    A Human Rights Day tribute to the Northern Territory's Tony Fitzgerald

    • Frank Brennan
    • 10 December 2015

    I first met this Tony on my regular visits here to Darwin when he was working at the North Australian Aboriginal Legal Aid Service and then when he set up the mediation services under the auspices of Anglicare. In later years I knew him when he was your Anti-Discrimination Commissioner. He was a quiet, considered, gentle, strong and principled man. On Human Rights Day, it is only fitting that I honour Tony by offering some reflections on the architecture for human rights in Australia, on the contemporary human rights controversies, and on the way forward for better protection of the human rights of Aborigines and asylum seekers, two marginalised groups who had a special claim on Tony's sympathies.

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  • INTERNATIONAL

    Just War or just butchery in expanding Syria conflict

    • Binoy Kampmark
    • 08 December 2015
    15 Comments

    The 'Just War' doctrine has made a reappearance, in the form of an endorsement from the Archbishop of Canterbury Justin Welby. The occasion was the debate in the British House of Commons to expand the air conflict against ISIL into Syria, in what is already a horrendously crowded airspace. The endorsement was filled with doubts, however, and rightly so. For all the surmising that has taken place, it is very difficult to see how one might bring the various enemies to the prosperity of peace.

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  • RELIGION

    How do we navigate medico-legal questions without a bill of rights?

    • Frank Brennan
    • 03 December 2015

    The consideration of medico-legal problems in the public square of a pluralistic democratic society keeping pace with profound technological change is often marked by simplistic assertions, precluding considerations of comprehensive world views, whether religious or philosophical. It is now commonplace for doctors to be told to leave their consciences at the door, as their patients are consumers and they are suppliers and of course the market decides. Debates about law and policy are often resolved with simplistic assertions about individual rights and autonomy, with little consideration for the public interest, the common good, and the doctor-patient relationship. Even conscience is said to be a matter for contracting out. This evening I ask whether there are more compelling ways to resolve medico-legal dilemmas, while conceding a limited role for law in determining the range of acceptable answers.

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  • RELIGION

    Discerning the place for the churches in the great moral questions of the age

    • Frank Brennan
    • 27 November 2015
    2 Comments

    'The crisis of child sexual abuse in our societies has required that our institutional procedures be more transparent and that we learn from the ways of the world in exercising power openly and justly. This means we have to restructure some of our church arrangements so that power is exercised accountably and transparently. All of us who have positions of influence and power in institutional churches need to be attentive to the voices of those who have suffered within our institutions.' 'Discerning the place for the prophetic voice and pragmatic cooperation of the churches in the great moral questions of the age', address to the Association of Practical Theology in Oceania conference, 26 November 2015.

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  • AUSTRALIA

    Justice for Aboriginals grows out of recognition

    • Frank Brennan
    • 19 October 2015
    7 Comments

    It is now more than three years (and three prime ministers) since the expert panel set up by the Gillard government reported on how the Constitution might be amended to provide recognition of Aboriginal and Torres Strait Islander peoples. When I read the report, my heart sank. It had put forward a comprehensive, but unachievable and unworkable proposal for change. The lesson from 1967 is that a modest change carried overwhelmingly by the Australian people provides the impetus for change.

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  • AUSTRALIA

    Contours and prospects for Indigenous recognition in the Australian constitution

    • Frank Brennan
    • 16 October 2015
    2 Comments

    I acknowledge those Aborigines and Torres Strait Islanders who insist that they have never ceded their sovereignty to the rest of us. I join with those Aborigines and Torres Strait Islanders who hope for better days when they are recognised in the Australian Constitution. As an advocate for modest constitutional recognition for Indigenous Australians, I respect those Aborigines and Torres Strait Islanders who question the utility of such recognition. But I do take heart from President Obama's line in his Charleston eulogy for the late Reverend Clementa C. Pinckney: 'Justice grows out of recognition'.

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  • Reshaping the public space: Lessons for Australian refugee, Aboriginal and climate policy

    • Frank Brennan
    • 18 September 2015

    Pope Francis's concerns are not narrowly dogmatic or pedagogical but universally pastoral. He knows that millions of people, including erstwhile Catholics, are now suspicious of or not helped by notions of tradition, authority, ritual and community when it comes to their own spiritual growth which is now more individual and eclectic. He wants to step beyond the Church's perceived lack of authenticity and its moral focus on individual matters, more often than not, sexual. He thinks the world is in a mess particularly with the state of the planet — climate change, loss of biodiversity and water shortages, but also with the oppression of the poor whose life basics are not assured by the operation of the free market, and with the clutter and violence of lives which are cheated the opportunity for interior peace. He is going to great pains to demystify his office. He wants all people of good will to emulate him and to be both joyful and troubled as they wrestle with the probl

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  • The inviolable inherent dignity of Aylan Kurdi

    • Frank Brennan
    • 07 September 2015
    11 Comments

    I believe in Aylan's inviolable, inherent dignity as a human being like all of us, no matter what side of a national border we might live. I believe that a globe of 7.3 billion people with inviolable, inherent dignity confronts huge challenges and real evil when almost 60 million people are displaced. I believe that secure national borders for a country as geographically and jurisprudentially isolated as Australia confronts an enormous moral challenge, and that we are falling short, badly and selfishly.

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  • INTERNATIONAL

    An Orwellian reading of our anti-terror legislation

    • Justin Glyn
    • 22 June 2015
    13 Comments

    In George Orwell's most famous novel 1984, the white face of the Ministry of Truth bears the slogans: WAR IS PEACE, FREEDOM IS SLAVERY, IGNORANCE IS STRENGTH. Australia is not approaching dictatorship, but a quick look at Orwell's slogans in the light of the past week's news makes disturbing reading.

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  • AUSTRALIA

    Excising the Rule of Law

    • Justin Glyn
    • 21 April 2015
    15 Comments

    When the term 'Rule of Law' was coined in the 19th century, it included a reasonable conduct stipulation to ensure fairness. A bill currently working its way through Federal Parliament would give those working in detention centres a low threshold in the use of force against detainees. The criterion of reasonableness of the officer’s conduct would be replaced by what an officer believes is reasonable.  

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  • AUSTRALIA

    Why coal is not good for humanity

    • Bronwyn Lay
    • 21 October 2014
    19 Comments

    The French social scientist Bruno Latour referred to the 'uniquely Australian strategy of voluntary sleepwalking towards catastrophe'. His view conflicts with that of our prime minister, who said last week that coal is good for humanity. Abbott's thinking forgets that humanity lives within the earth's critical zone, a home that's not looking so good for humanity.

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