Homing devices in choice of Tort Law: Australian, British and Canadian Approaches

Since 1994, Canada, the United Kingdom and Australia have adopted new choice of law rules for cross-border torts that, in different ways, centre on the application of the law of the place where the tort occurred (the lex loci delicti). All three countries abandoned some species of the rule in Phillips v Eyre, which required some reference to the law of the forum (the lex fori) as well as the lex loci delicti. However, predictions were made that, where possible, courts in these countries would continue to show a strong inclination to apply the lex fori in cross-border tort cases - and would use a range of homing devices to do so. A comprehensive survey and analysis of the cases that have been decided under the Australian, British and Canadian lex loci delicti regimes suggests that courts in these countries do betray a homing instinct, but one that has actually been tightly restrained by appeal courts. Where application of the lex fori was formally allowed by use of a 'flexible exception' in Canada and the United Kingdom, this has been contained by courts of first appeal. Indeed, only the continuing characterization of the assessment of damages as a procedural question in Canada and the United Kingdom, seems to remain as a significant homing device for courts in these countries. © 2006 Oxford University Press.

British and European influences on the "Australian Way" from the 1980s

Commonwealth countries share their British social policy legacy in a variety of ways. Autstralia attempted to adopt the postwar new Fabian welfare state model at the very time when international economic circumstances undermined its Keynesian foundation. With Labor governments in power from 1983 to 1996, Australia diverged significantly from the neo-liberal reform path adopted in the United Kingdom. Australian governments looked increasingly to European social democracies for alternative social policy model In a manner anticipating the Third Way. the tendency was towards mixing neo-liberal economics with social democratic welfare. The Australian Third Way which resulted proved unstable. Current social reformers, the paper proposes, ought to revisit a neglected but characteristically British emphasis on the need for a measure of socialization of investment to underpin redistributive strategies.

A funny thing happened on the way to the forum: Electronic discussion and foreign language learning

Amongst the opportunities for cross-cultural contact created by the burgeoning use of the Internet are those provided by electronic discussion lists. This study looks at what happens when language students venture out of the classroom (virtual or otherwise) to participate in on-line discussion groups with native speakers. Responses to messages and commentary by moderators and other participants on the (in) appropriateness of contributions allow us to determine what constitutes successful participation and to make suggestions regarding effective teaching strategies for this medium. A case study examines the threads started by four anglophone students of French when they post messages to a forum on the Web site of the French newspaper Le Monde. Investigation of these examples points to the ways in which electronic discussion inflects and is inflected by cultural and generic expectations. We suggest that successful participation on Internet fora depends on awareness of such cultural and generic mores and an ability to work within and/or with them. Teachers therefore need to find ways in which students can be sensitized to such issues so that their participation in such electronic discussion is no longer seen as linguistic training, but as engagement with a cultural practice.

Predestination and freedom in Milton's 'Paradise lost'

John Milton's epic poem Paradise Lost (1667) offers a highly creative seventeenth-century reconstruction of the doctrine of predestination, a reconstruction which both anticipates modern theological developments and sheds important light on the history of predestinarian thought. Moving beyond the framework of post-Reformation controversies, the poem emphasises both the freedom and the universality of electing grace, and the eternally decisive role of human freedom in salvation. The poem erases the distinction between an eternal election of some human beings and an eternal rejection of others, portraying reprobation instead as the temporal self-condemnation of those who wilfully reject their own election and so exclude themselves from salvation. While election is grounded in the gracious will of God, reprobation is thus grounded in the fluid sphere of human decision. Highlighting this sphere of human decision, the poem depicts the freedom of human beings to actualise the future as itself the object of divine predestination. While presenting its own unique vision of predestination, Paradise Lost thus moves towards the influential and distinctively modern formulations of later thinkers like Schleiermacher and Barth.