Anti-money laundering measures and the effectiveness question

RESEARCH HANDBOOKS IN FINANCIAL LAW Series Editor: Rosa Lastra, Queen Mary, University of London, UK This important new Handbook series presents high quality, original reference works that cover a range of subjects within the ...

Lairds of suburbia: Scottish migrant settlement and housing in Australian cities, 1880-1930

Drawing on decennial population statistics from 1881 to 1933, this article evaluates the settlement patterns of Scottish migrants in Australian cities. It considers the urban nature of Scottish settlement, and argues that settlement patterns were associated with employment opportunities for working-class Scots, along with various housing, lifestyle, and religious preferences, often grounded in pre-migration experiences of city living. Furthermore, this article demonstrates that Scottish migrants in Australia at the turn of the twentieth century largely belonged to an urban industrial working class, and provides a useful correction to the traditional images of Scots in Australia as mostly rural, well-off, and conservative migrants.

Philosophy’s shame: reflections on an ambivalent/ambiviolent relationship with science

In this paper, I take inspiration from some themes in Ann Murphy’s recent book, Violence and the Philosophical Imaginary, especially her argument that philosophy’s identity and relation to itself depends on an intimate relationship with that which is designated as not itself (e.g. other academic disciplines and non-philosophy in general), the latter of which is a potential source of shame that calls for some form of response. I argue that this shame is particularly acute in regard to the natural sciences, which have gone on in various ways to distance themselves from their progenitor discipline and to achieve both agreement and technical progress in a way that could never be said of philosophy. I trace out some of the reactions to this shame that have dominated in the twentieth century and been a factor in the so-called analytic-continental ‘divide’. The options here are many and varied, but they range from cannibalism (philosophy as queen of the sciences, thus conferring some of the prestige of science upon the philosophy, which alone can unite or ground the various ontic sciences), scientific naturalism (the philosopher defers to the sciences, and most forms of meta-philosophy are rejected as an outmoded remnant of first philosophy), or some kind of irenic separatism about methods or domains such that science and philosophy do not encroach upon the territory of each other. My aims here are mainly diagnostic, but I will indicate where I think that certain responses to this shame are unproductive and unhelpful, with divergent weaknesses associated with the traditions that have come to be labelled ‘analytic’ and ‘continental’ respectively. My tacit suggestion, then, is that philosophy needs to become post-analytic and meta-continental, but I will also briefly criticize some recent efforts to do precisely this in what is sometimes called the ‘scientific turn’ in contemporary continental (or post-continental) philosophy.

Baker v The Queen & Fardon v Attorney General for the State of Queensland

In 2004, the High Court of Australia had cause to revisit its 1996 decision in Kable, as well as to consider the nature of judicial power as it relates to the deprivation of liberty, outside of the parameters of conventional criminal sentencing. The resulting decisions of Fardon and Baker demonstrate the lack of constitutional protections afforded to people who become the focus of governmental campaigns to be "tough on crime". The so-called "Kable principle", as construed by the High Court in 2004, may prove to be the "constitutional watch dog that barks but once".

'Friend of my soul' : constructing spiritual friendship in the autobiography of Mary Fletcher

Mary Bosanquet Fletcher (1739-1815) was a leading early English Methodist, active throughout her adult life as a preacher, author, spiritual director and head of a large household. She was also part of a largely unexamined network of intense and intimate friendships between Methodist women across England. This article analyses the ways in which Fletcher represented friendship in her autobiography, a text that was widely published and read throughout the nineteenth century. Fletcher's autobiography shows how religious conviction could shape a distinctive construction of female friendship, at a time when such friendships had growing social and cultural significance.

Consent as a Common Law Defence to Non-Sexual Assaults: The Effect of Neal v The Queen

The following discussion is an exposition of the recognised exceptions to the general rule that the law will not sanction the giving of a lawful consent to the application or threat of actual or grievous bodily harm. The discussion will also focus on a series of decisions in the UK and Australia, particularly Neal v The Queen, that have altered the law's approach to these exceptions and, more importantly, now permit a personto give an informed consent to the risk of contracting HIV or any other sexually transmitted diseases, provided there was no intention on the part of the accused to actually infect the other person. The underlying rationale for sanctioning an informed consent to such a risk is that consenting adults should be accorded the utmost autonomy in conductingtheir private affairs, and particularly so in the context of the choices they make regarding their private sexual activities. Whether one agrees or disagrees with the notion of allowing one to lawfully consent to such a risk, it raises an important question as to the current status of the general rule that one cannot generally give an informed consent to the applicationor threat of actual or grievous bodily harm. More succinctly stated, if the law is prepared to allow an informed consent to the risk of contracting a potentially fatal disease, then what remains of what had previously been a well-settled rule that, save for a few well-recognised exceptions, persons were generally prohibited from consenting to the application or threat of actual or grievous bodily harm?