Preventative detention in Australian law : issues of interpretation

This article examines the statutory interpretation of terms in Div 105 of the Criminal Code Act 1995 (Cth) . This division is the regime for preventative detention orders (PDOs), an Executive order permitting a person to be taken into custody and deprived of his/her personal liberty for the purpose of either preventing an imminent terrorist act or preserving evidence of a past terrorist act. The organisation of this article corresponds with three key features of a PDO from this description: "detention"; "Executive"; and "preventative purpose". To consider the interpretation of Div 105 , this article relies on statutory principles of interpretation, and most notably, the recent authority of Thomas v Mowbray (2007) 81 ALJR 1414 [PDF] ; [2007] HCA 33.

Providence and method : Herbert Butterfield and the interpretation of history

This thesis presents an extended critical analysis of the methodological thought of the Cambridge historian Herbert Butterfield (1900-1979). It is based on the full range of his published works, as well as unpublished material. It is a contribution to the history of historiography, and to the theory of history. The thesis concentrates on the relationship between Butterfield’s views on historical research and historiographical narration, and his concept of a ‘historical process’ which was the expression of a ‘providential order’. The principal problem in Butterfield’s writings is the contradiction between his advocacy of a ‘technical history’ seen as free and independent of any interpretative presupposition, and his belief in Providence and its utilisation in the course of his historiography. Firstly, the thesis argues that Butterfield employs his own presuppositions even without making explicit references to his belief in Providence. Secondly, it explains why he embraced and advocated two contradictory standpoints. Butterfield’s position is best clarified with reference to the content of his Christian beliefs. It is argued that Butterfield regarded all non-Christian interpretations of history as distorting oversimplifications. They were for him not fully scientific and rigorous, because they selected some phenomenon, or principle, or institution arising within human history and made it the central interpretative principle. He saw his own practice as exempt from this criticism. This thesis argues that Butterfield’s position is nevertheless interpretative. However, it is argued that Butterfield’s critique of ideologically based historiographic distortions and oversimplifications is important in the assessment of rival interpretations of history.

Beyond mimesis : place, interpretation and response

My study examines the subjective nature of artistic interpretation through the notion of mimesis as process or transformation of material. Influential factors that mediate in the artistic process, such as memory, reflection and an awareness of cultural analogy and metaphor, are examined and related to a specific project in the studio, where the mediation process is further influenced by the materials used to produce the images. My studies of the concept of mimesis have revealed an intermediary realm that exists in the space between empirical reality and its interpretation. Throughout history the process of mimesis has been integral to all forms of the arts. In Plato's time the production of an image that simulated things as they appeared to the eye was considered a desired ideal. Aristotle later introduced developments which extended this concept to include a refiguring or reforming of material derived from the original source, making new connections between existing factors and in this transformation bringing new meanings to a symbolically constituted world. This discussion of the representation of reality, the influence of a dialogue between notions of imitation and the recreation of material continues throughout the exegesis. My study emphasises the interpretive stage of the mimetic process where a consideration of these themes is most relevant and some of the factors that can influence its outcome. It is my opinion that the production of images in response to the particularities of place can be defined in three stages. Firstly, the experience of the place; secondly, the beginning and maturation of the idea or concept; where mimesis takes place, and thirdly, the production of the art work in response. This process is illustrated in Part 2 of the exegesis, where the development of the studio work is documented and linked with the themes discussed in Part 1. The geographic site or place I selected to study is adjacent to Mt. Noorat, a volcanic site in the Western district of Victoria; the surrounding plains are littered with scoria that has been thrown out of the volcano thousands of years ago. Early British, Scottish and Irish settlers to this region used the stone to construct fences reminiscent of their homeland, through this activity they cleared the land and confined and protected their stock. My interests are in factors that include - the material of the stone, notions of enclosure and safety, of boundaries and circumscribed space, and of the cultural reflection that has taken place in this reconstruction of Eurocentric vision. These walls also represent the means by which land was enclosed and property defined, moving from a situation of public access to notions of ownership and the annexation of land for individual gain. Around each point of eruption, the craggy volcanic scoria has been used to create a constructed landscape which both symbolises and mirrors the Anglo - Celtic origins of the people. I have used the legend of Narcissus to illustrate the self-reflective and introspective processes that the settlers invoked in their attempts to come to terms with a strange land. I consider that the story of Narcissus, who fell in love with his own reflection, finds a parellel in the creation of the walls. The re-creation of artifacts from their own cultural environment provided the settlers with a familiar 'face' in an alien world; a reassurance of the familiar in an unfamiliar terrain. Part of this study is an investigation of this notion of landscape as cultural reflection. Geographers have long known that landscape is a cultural construct, an historically evolving ideal manifested in painting, prints and drawings as well as poetry, gardens and parks. One can view these constructions as illustrations or images of meaning which constitute representations of cultural ideals. The neo-classical influence reflected in the paintings of artists who accompanied the early expeditions to Australia demonstrates these themes. The medium of the mirror provides the opportunity to suggest aspects of a cultural reflection and an awareness of identity that has relevance to contemporary Australian culture, therefore, I have allowed it to play a major role throughout this study. Its role in mimesis, firstly, as a reflection in an imitative sense is established, then in its refigurative role, in which the similarities between the original and the reformed rely more on correlative factors than representation. I have used examples from the history of art to illustrate this potential. The formation and development of a narrative involving reflection threads throughout the thesis, both in the visual presentation and in the exegesis. The production of a body of paintings, drawings and sculpture reflect my interpretation and response to the particular site. The correspondences between these works and my theoretical concerns is articulated in the exegesis. The metaphor implied by the use of the walls as agents of enclosure also refers to the capacity of the individual to be confined by notional boundaries and restrictive practices where totalising systems of thought dominate theoretical debate and restrict its freedom. I have used images where gaps in the walls represent the potential implicit to the concept of liminal space, where the spectator moves from one physical space to another and from one stage of development to another. The threshold of this opening in the walls becomes the site where transformation can take place, a metaphor for the mimetic process where the initial experience is translated and transformed into the final product. The paintings, drawings and other works in this series fulfil the role of marks on the surface of the mirror, separating the initial experience from the processes of memory, reflection and speculation. The works draw attention to the materiality that they represent and yet provide the opportunity for new insights and experiences, allowing the subjective nature of artistic activity to combine symbolic elements relating to the site, resulting in the production of meaning.

The interpretation of nature as spiritual content in painting

Investigates the interpretation of spiritual content in painting. Pt. 1 defines aspects of spirituality and explores the authors concerns of despiritualization. Pt. 2 parallels concerns with the Romantic movement & explores the notion of the sublime in relation to spiritual interpretation. Pt. 3 links the documented research to the body of studio work. The printings and drawings explore the authors concerns through the visual expression of concepts which suggest nature as a spiritual source.

Subjective wellbeing and families : issues of measurement and data interpretation

Since April 2001 we have been monitoring the Subjective Wellbeing (SWB) of the Australian population using the Personal Wellbeing Index. Our aims are to establish normative values and to identify people with abnormally low SWB. Each of 18 surveys has involved a new sample of 2,000 people, randomly chosen but representing the geographical distribution of the population. The data are remarkable for their stability, with the variation in population mean scores being just 3.2 percentage points. The cause of such high reliability is Subjective Wellbeing Homeostasis. Here, in a manner analogous to the management of body temperature, the SWB for each person is normally held positive and within a narrow set-point range. However, all homeostatic systems have a limited capacity to absorb challenge and when aversive experiences are both strong and sustained, homeostasis fails. If this occurs, people lose their normal positive view of themselves and become depressed. Therefore, the second aim of these studies is to reveal the demographic character of families in distress, who are in need of additional resources. Our data reveal the extent to which family structure and responsibilities impact on wellbeing. They also yield important diagnostic information about individuals, and point to SWB as a crucial measure of intervention outcome. In sum, the Personal Wellbeing Index is a simple, reliable and valid measure of SWB. The measures it yields are theoretically embedded, they can be compared against solid normative data, and their interpretation is enhanced through an understanding of SWB homeostasis.