NGOs, pluralism and advisory services—Timor Leste

Purpose: 

Competing ethical paradigms in forensic psychiatry and forensic psychology: commentary for a special section of legal and criminological psychology

In her paper Gwen Adshead (2013) identifies the principle of respect for justice as the foundation for ethical practice in forensic psychiatry. This commentary discusses how forensic psychologists have approached a key aspect of the justice principle, the ethical imperative to promote the welfare of the individual client. The approaches of the psychiatric and psychological professions are compared and the role of psychologists as allied health professionals working in the forensic setting considered.

Betwixt And between – Practical legal training practitioners – Scholarship of (which) practice?

I am interested in how Australian lawyers who teach lawyers’ skills at the post-graduate pre-admission stage (“PLT practitioners) engage in scholarly activities regarding their teaching practice. This presentation will relate Bourdieu’s ‘reflexive sociology of law’ to my doctoral research in which I focus on how PLT practitioners engage in scholarly activities around their teaching work. Drawing on Kemmis’s ‘practice table’, Bourdieu and Passeron’s theory of ‘reproduction’ in education and culture, and de Certeau’s theory of ‘practice in everyday life’, I will describe how PLT practitioners’ professional identity, as lawyers, constrains scholarship around teaching and mentoring practice.

Gatecrashing the research paradigm : effective integration of online technologies in maximising research impact and engagement in legal education

Legal academics are not only teachers but also creators of knowledge. The role of an academic includes a responsibility to share this knowledge through engagement not just of their students, but also of the wider community. In addition, there is increasing emphasis on legal academics having to account for the so-called ‘impact’ of research. In selecting both the topic of their research and the mode of publication of their knowledge, legal academics act as gatekeepers. There is an increasing critique of the existing paradigm of research publication and its emphasis on the metrics of impact. This critique recognises the limitations of the commercial publication paradigm in the present context of open access and the vast array of citizen-mediated platforms for dissemination of legal knowledge and innovation. Susskind (Tomorrow’s Lawyers 2013) for example identifies expert crowd-sourced legal information as breaking down barriers to access to justice. Tracking their experience with publication of a paper on social media in legal education from the ALTA conference in 2012, the authors share an auto-ethnographic account of their insights into the potential for both impact and engagement of a diverse audience in their research. This highlights the ways in which various media can be used strategically to redefine the role of the gatekeeper.

Legal practice and ethics

This book aims to challenge students and lawyers to think critically about the way in which they will or do practise law. It is intended to be a guide on the various obligations and duties that a lawyer owes to the court, other lawyers, clients and the community in general. The hope is that students of law will see the ongoing value of maintaining the integrity of the legal profession and the value that lawyers provide to the community when we get things right.

The positive criteria of legal norms: law between facts and norms

Whether an abstract jurisprudence of law can be developed such that law is neutral with respect topositive choices, or whether law is necessarily informed by social facts, values and assumptions, with reference to the work of Jurgden Habermas, countering that author's claim of neutrality.

O where are you going? O do you imagine? Reproduction and response : a reflexive sociology of scholarship of teaching and learning in practical legal training

My doctoral research studies Australian PLT practitioners’ engagement with scholarship of teaching and learning. I argue that many PLT practitioners are motivated to engage with scholarship of teaching and learning in their work. There are, however, individual and extra-individual impediments.
PLT practitioners are lawyers that teach in institutional practical legal training (“PLT”). Satisfactory completion of mandatory PLT is an eligibility requirement for admission to the Australian legal profession. The PLT requirement is additional to academic legal qualifications. PLT is undertaken at a post-graduate level with, or after, the academic law degree.
My study investigates PLT practitioners’ motivations and capabilities to engage with scholarship of teaching and learning (“SoTL”). I study organisational symbolic support for SoTL in PLT, and organisational allocation of resources to SoTL in PLT.
The study involves individual and extra-individual domains of PLT practitioners’ work. It considers how social structures (e.g. “the juridical”) are inscribed into individuals’ practices (“teaching”) and, conversely, whether practices influence social structures.
My research adopts qualitative methodologies. These involve inter-disciplinary exchanges between law, legal education, practice research, sociology of law, cultural theory, and theory and practice of teaching and learning. My theoretical framework draws on Pierre Bourdieu’s “reflexive sociology”, and Michel de Certeau’s “heterological science”.
I sourced data from documents, and semi-structured interviews with 36 Australian PLT practitioners. Documentary sources include statutory instruments, speeches, reports, practice directions, histories, and scholarly publications.
To analyse the data I adopted Kelle’s characterisation of “theoretical sensitivity”, drawing on “explicit” and “emergent” analysis strategies derived from “grounded theory”. The explicit strategies were based on my theoretical framework. The emergent strategy involved sensitivity to non-explicit concepts and theories that emerged from the data. Computer-aided qualitative data analysis software expedited these methods.
My findings to date question dominant legal structures’ readiness for change, the implications of this for teaching and learning in PLT, and in particular for PLT practitioners’ engagement with SoTL in PLT.
The espoused rationale for mandatory PLT (in statutes) is improvement for the protection of clients, the administration of justice, and to assure quality legal services. The tacit rationale is improved quality of legal education, and experiences, for lawyers-to-be. My thesis argues dominant structures in legal education impede the espoused and tacit objectives, and impede PLT practitioners’ engagement with scholarship of teaching and learning.

Epistemological pluralism in research synthesis methods

The purpose of research synthesis is to produce new knowledge by making explicit connections and tensions between individual study reports that were not visible before. Every effort of synthesizing research is inevitably premised on certain epistemological assumptions. It is crucial that research synthesists reflect critically on how their epistemological positioning enables them to pursue certain purposes while preventing them from pursuing other purposes. The literature on research synthesis methods is dominated by publications premised on positivist assumptions. The rhetoric of systematic reviews, best-evidence synthesis and What Works Clearinghouse privileges syntheses with positivist orientations. Contesting the hegemony of positivist research syntheses, this paper makes a case for research syntheses that are informed by diverse epistemological orientations. It illuminates how research syntheses with distinct epistemological orientations can serve complementary, equally worthwhile, purposes.

Medico-legal decision making for incapacitated neonates

This thesis finds there is a need for greater transparency and objectivity in end-of-life decision making for extremely premature and critically ill infants. To achieve this objectivity, the allocation of finite public healthcare resources, and corresponding quality of life, should be a principal consideration in treatment decisions.