In search of Chinese jurisprudence : does Chinese legal tradition have a place in China's future?

Questions the extent to which Westerrn commercial laws adopted by China, particularly in its Company Laws of 1993 and 1995, are comptaible with China's different cultural and legal traditions. Suggests that Western concepts of the rule of law and of corporate governance are alient to China. Outlines the development of the Western legal tradition. based on Judaeo-Christian beliefs and legal rationalism. Compares this with the deveopment of the Chinese legal tradtion, based on Confucianism and legalism. Proposes ways in which the two traditions could be reconciled more effectively.

Romancing the Dane : reviving (and revising) Ophelia in contemporary YA fiction

Shakespeare’s Ophelia has been circulated in recent times as a figure of the adolescent woman at risk. Mary Pipher’s best-selling and influential Reviving Ophelia (1994) argued that the “story of Ophelia […] shows the destructive forces that affect young women” (20). Without undermining Pipher’s project, this paper reads two contemporary YA romance novels—Lisa Fiedler’s Dating Hamlet (2002) and Lisa Klein’s Ophelia (2006)—in order to demonstrate that not only can Ophelia be appropriated as a figure of empowerment for young women today, but that such appropriations are, seemingly ironically, most powerfully rendered within the genre of romance; a genre long-maligned by feminists as recuperative of patriarchy.--------- These two novels stage interventions both into narratives of female adolescence as a time of being ‘at risk’ or ‘under threat’, and also into narratives of canonical literary patriarchy. Rather than a suicidal Ophelia, subject to the whims of men, these authors imagine Ophelias who take charge of their own destiny; who dictate their own romance and agency; who refuse to be subject to or subjected by, those scripts of cultural authority and heteronormative romance so often perceived as antithetical to female agency. In doing so, they force us to revise our own notions of the romance genre and the functions of canonical literary tradition in contemporary YA culture.

Literacy and religion : the textual politics and practice of Seventh-day Adventism

This book explores the interrelation of literacy and religion as practiced by Western Christians in, first, historical contexts and, second, in one contemporary church setting. Using both a case study and a Foucauldian theoretical framework, the book provides a sustained analysis of the reciprocal discursive construction of literacy, religiosity and identity in one Seventh-day Adventist Church community of Northern Australia. Critical linguistic and discourse analytic theory is used to disclose processes of theological (church), familial (home) and educational (school) normalisation of community members into regulated ways of hearing and speaking, reading and writing, being and believing. Detailed analyses of spoken and written texts taken from institutional and local community settings show how textual religion is an exemplary technology of the self, a politics constituted by canonical texts, interpretive norms, textual practices, ritualised events and sociopolitical protocols that, ultimately, are turned in upon the self. The purpose of these analyses is to show how, across denominational difference in belief (tradition) and practice, particular versions of self and society are constructed through economies of truth from text, enabling and constraining what can and cannot be spoken and enacted by believers.

The politics of literacy in David Almond and Dave McKean’s "The Savage" (2008)

Competency in language and literacy are central to contemporary debates about education in Anglophone nations around the world. This paper suggests that such debates are informing not just educational policy but children’s literature itself as can be seen in Almond and McKean’s The Savage. This hybrid text combines prose and graphic narrative and narration in order to tell the story of Blue, a young British boy negotiating his identity in the aftermath of his father's death. While foregrounding a narrative of ideal masculinity, The Savage enacts and privileges a formal and thematic ideal of literacy as index of individual agency and development. Almond and McKean produce a politicised understanding of language and literacy that simultaneously positions The Savage in a textual tradition of socio-culturally disenfranchised youth, and intervenes in that tradition to (perhaps ironically) affirm the very conditions previously critiqued by that very tradition. Where earlier authors such as Barry Hines sought to challenge normative accounts of language and literacy in order to indict educational policy and praxes, Almond and McKean work to naturalise the very logics of education and agency by which their protagonist has been disenfranchised. In doing so, The Savage exemplifies current approaches to education which claim to value social and cultural diversity while imposing national standardised testing predicated on assumptions about the legitimacy of uniform standards and definitions of literacy.

Theory-of-Mind Continuum Model: Why Mind Matters in Philosophy, Psychology and Education

Theory-of-Mind has been defined as the ability to explain and predict human behaviour by imputing mental states, such as attention, intention, desire, emotion, perception and belief, to the self and others (Astington & Barriault, 2001). Theory-of-Mind study began with Piaget and continued through a tradition of meta-cognitive research projects (Flavell, 2004). A study by Baron-Cohen, Leslie and Frith (1985) of Theory-of-Mind abilities in atypically developing children reported major difficulties experienced by children with autism spectrum disorder (ASD) in imputing mental states to others. Since then, a wide range of follow-up research has been conducted to confirm these results. Traditional Theory-of-Mind research on ASD has been based on an either-or assumption that Theory-of-Mind is something one either possesses or does not. However, this approach fails to take account of how the ASD population themselves experience Theory-of-Mind. This paper suggests an alternative approach, Theory-of-Mind continuum model, to understand the Theory-of-Mind experience of people with ASD. The Theory-of-Mind continuum model will be developed through a comparison of subjective and objective aspects of mind, and phenomenal and psychological concepts of mind. This paper will demonstrate the importance of balancing qualitative and quantitative research methods in investigating the minds of people with ASD. It will enrich our theoretical understanding of Theory-of-Mind, as well as contain methodological implications for further studies in Theory-of-Mind

Max Dupain and the photography of Australian architecture

This thesis considers Max Dupain (1911-1992) and his contribution to the development of architectural photography in Australia. Through his continuous and prolific output over six decades of professional photography Dupain greatly stimulated awareness of and interest in Australian architecture. Before Dupain began specialising in the field, little consistent professional architectural photography had been practised in Australia. He and some of his close associates subsequently developed architectural photography as both a specialised branch of photography and - perhaps more significantly - as a necessary adjunct to architectural practice. In achieving these dual accomplishments, Dupain and like-minded practitioners succeeded in elevating architectural photography to the status of a discipline in its own right. They also gave Australians generally a deeper understanding of the heritage represented by the nation's built environment. At the same time, some of the photographic images he created became firmly fixed in the public imagination as historical icons within the development of a distinctive Australian tradition in the visual arts. Within his chosen field Dupain was the dominant Australian figure of his time. He was instrumental in breaking the link with Pictorialism by bringing Modernist and Documentary perspectives to Australian architectural photography. He was an innovator in the earlier decades of his professional career, however, his photographic techniques and practice did not develop beyond that. By the end of the 1980s he had largely lost touch with the technology and techniques of contemporary practice. Dupain's reputation, which has continued growing since his death in 1992, therefore arises from reasons other than his photographic images alone. It reflects his accomplishment in raising his fellow citizens' awareness of a worthwhile home-grown artistic tradition.

Anthony Browne and the cultural capital of classic fairy tales

Prolific British author/illustrator Anthony Browne both participates in the classic fairy-tale tradition and appropriates its cultural capital, ultimately undertaking a process of self-canonisation alongside the dissemination of fairy tales. In reading Browne’s Hansel and Gretel (1981), The Tunnel (1989) and Into the Forest (2004), a trajectory emerges that moves from broadly intertextual to more exclusively self-referential modes of representation which reward readers of “Anthony Browne”, rather than readers of “fairy tales”. All three books depict ‘babes in the woods’ stories wherein child characters must negotiate some form of threat outside the home in order to return home safely. Thus, they represent childhood agency. However, these visions of agency are ultimately subordinated to logics of capital, which means that child readers of Browne’s fairy-tale books are overtly invited to identify with children who act, but are interpellated as privileged if they ‘know’. Bourdieu’s model of ‘cultural capital’ offers a lens for considering Browne’s production of ‘value’ for his own works within a broader cultural landscape which privileges literary fairy tales as a register of juvenile cultural competency. If cultural capital can be formulated most simply as the symbolic exchange value of approved modes of knowing and being, it is clearly helpful when trying to unpack logics of meaning within heavily intertextual or citational texts. It is also helpful thinking about what kinds of stories we as a culture choose to disseminate, choose to privilege, or choose to suppress. Zipes notes of fairy tales that, “the genre itself becomes a kind of institute that is involved in the socialization and acculturation of readers” (22). He elaborates that, “We initiate readers and expect them to learn the fairy-tale code as part of our responsibility in the civilizing process” (Zipes 29), so it is little wonder that Tatar describes fairy tales as “a vital part of our cultural capital” (xix). Although Browne is clearly interested in literary fairy tales, the most obvious strategies of self-canonisation take place in Browne’s work not in words but in pictures: hidden in plain sight, as illustration becomes self-reflexive citation.

Departures from tradition : the early years learning framework for Australia

In 2009, the Commonwealth Government of Australia published the first national learning framework for use with children aged birth to five years. The framework marks a departure from tradition in that it emphasizes intentional teaching, learning as well as child development, a particular type of play-based learning, outcomes, and equity. This article analyzes aspects of the document that depart from well established approaches to early childhood education in Australia and identifies challenges for educators who are required to use the document. It concludes that ongoing and supportive professional learning opportunities must accompany the introduction and enactment of the document.

Assessment reform and educational change in Australia

This chapter addresses the changing climate of assessment policy and practice in Australia in response to global trends in education and the mounting accountability demands of standards-driven reform. Queensland, a State of Australia, has a tradition of respecting and trusting teacher judgment through the practice of, and policy commitment to, externally moderated school-based assessment. This chapter outlines the global trends in curriculum and assessment reform, and then analyzes the impact of international comparisons on national policy. The creation of the Australian Curriculum, Assessment and Reporting Authority (ACARA) together with the intent of establishing a standards-referenced framework raises tensions and challenges for teachers’ practice. The argument for sustaining confidence in teacher-based assessment is developed with reference to research evidence pertaining to the use of more authentic assessments and moderation practices for the purposes of improving learning, equity and accountability. Evidence is drawn from local studies of teacher judgment practice and used to demonstrate these developments and in so doing illuminate the complex issues of engaging the demands of policy while sustaining confidence in teacher assessment.

Playing with picturebooks : postmodernism and the postmodernesque

This thesis traces the influence of postmodernism on picturebooks. Through a review of current scholarship on both postmodernism and postmodern literature it examines the multiple ways in which picturebooks have responded to the influence of postmodernism. The thesis is predominantly located in the field of Cultural and Literary Studies, which informs the ways in which children’s literature is positioned within contemporary culture and how it responds to the influences which shape its production and reception. Cultural and Literary Studies also offers a useful theoretical frame for analysing issues of textuality, ideology, and originality, as well as social and political comment in the focus texts. The thesis utilises the theoretical contributions by, in particular, Linda Hutcheon, Brian McHale, and Fredric Jameson as well as reference to children’s literature studies. This thesis makes a significant contribution to the development of an understanding of the place of the postmodern picturebook within the cultural context of postmodernism. It adds to the field of children’s literature research through an awareness of the (continuing) evolution of the postmodern picturebook particularly as the current scholarship on the postmodernism picturebook does not engage with the changing form and significance of the postmodern picturebook to the same extent as this thesis. This study is significant from a methodological perspective as it draws on a wide range of theoretical perspectives across literary studies, visual semiotics, philosophy, cultural studies, and history to develop a tripartite methodological framework that utilises the methods of postclassical narratology, semiotics, and metafictive strategies to carry out the textual analysis of the focus texts. The three analysis chapters examine twenty-two picturebooks in detail with respect to the ways in which the conventions of narrative are subverted and how dominant discourses are interrogated. Chapter 4: Subverting Narrative Processes includes analysis of narrative point of view, modes of representation, and characters and the problems of identity and subjectivity. Chapter 5: Challenging Truth, History, and Unity examines questions of ontology, the difficulties of representing history, and addresses issues of difference and ‘otherness’. The final textual analysis chapter, Chapter 6: Engaging with Postmodernity, critiques texts which engage with issues of globalisation, mass media, and consumerism. Brief discussion of a further fifteen picturebooks throughout the thesis provides additional support. Children’s texts have a tradition of being both resistant and compliant. Its resistance has made a space for the development of the postmodern picturebook; its compliance is evident in its tendency to take a route around a truly radical or iconoclastic position. This thesis posits that children’s postmodern picturebooks adopt what suits their form and purposes by drawing from and reflecting on some influences of postmodernism while disregarding those that seem irrelevant to its direction. Furthermore, the thesis identifies a shift in the focus of a number of postmodern picturebooks produced since the turn of the twenty-first century. This trend has seen a shift from texts which interrogate discourses of liberal humanism to those that engage with aspects of postmodernity. These texts, postmodernesque picturebooks, offer contradictory perspectives on aspects of society emanating from the rise in global trends mentioned above.

Local and global : cultural globalization, consumerism, and children's fiction

According to Zygmunt Bauman in Liquid Modernity (2000), the formerly solid and stable institutions of social life that characterised earlier stages of modernity have become fluid. He sees this as an outcome of the modernist project of progress itself, which in seeking to dismantle oppressive structures failed to reconstruct new roles for society, community and the individual. The un-tethering of social life from tradition in the latter stages of the twentieth century has produced unprecedented freedoms and unparalleled uncertainties, at least in the West. Although Bauman’s elaboration of some of the features and drivers of liquid modernity – increased mobility, rapid communications technologies, individualism – suggests it to be a neologism for globalisation, it is arguably also the context which has allowed this phenomenon to flourish. The qualities of fluidity, leakage, and flow that distinguish uncontained liquids also characterise globalisation, which encompasses a range of global trends and processes no longer confined to, or controlled by, the ‘container’ of the nation or state. The concept of liquid modernity helps to explain the conditions under which globalisation discourses have found a purchase and, by extension, the world in which contemporary children’s literature, media, and culture are produced. Perhaps more significantly, it points to the fluid conceptions of self and other that inform the ‘liquid’ worldview of the current generation of consumers of texts for children and young adults. This generation is growing up under the phase of globalisation we describe in this chapter.

Female genital mutilation : legal, attitudinal and practical reform

Female genital mutilation (FGM) is a cultural practice common in many Islamic societies. It involves the deliberate, non-therapeutic physical modification of young girls’ genitalia. FGM can take several forms, ranging from less damaging incisions to actual removal of genitalia and narrowing or even closing of the vagina. While often thought to be required by religion, FGM both predates and has no basis in the Koran. Rather, it is a cultural tradition, motivated by a patriarchal social desire to control female bodies to ensure virginity at marriage (preserving family honour), and to prevent infidelity by limiting sexual desire. In the USA and Australia in 2010, peak medical bodies considered endorsing the medical administration of a ‘lesser’ form of FGM. The basis for this was pragmatic: it would be preferable to satisfy patients’ desire for FGM in medically-controlled conditions, rather than have these patients seek it, possibly in more severe forms, under less safe conditions. While arguments favouring medically-administered FGM were soon overcome, the prospect of endorsing FGM illuminated the issue in these two Western countries and beyond. This paper will review the nature of FGM, its physical and psychological health consequences, and Australian laws prohibiting FGM. Then, it will scan recent developments in Africa, where FGM has been made illegal by a growing number of nations and by the Protocol to the African Charter on Human and Peoples’ Rights 2003 (the Maputo Protocol), but is still proving difficult to eradicate. Finally, based on arguments derived from theories of rights, health evidence, and the historical and religious contexts, this paper will ask whether an absolute human right against FGM can be developed.

Experience design and interactive software in music education research

This paper examines the integration of computing technologies into music education research in a way informed by constructivism. In particular, this paper focuses on an approach established by Jeanne Bamberger, which the author also employs, that integrates software design, pedagogical exploration, and the building of music education theory. In this tradition, researchers design software and associated activities to facilitate the interactive manipulation of musical structures and ideas. In short, this approach focuses on designing experiences and tools that support musical thinking and doing. In comparing the work of Jean Bamberger with that of the author, this paper highlights and discusses issues of significance and identifies lessons for future research.