Reconsidering the benefits of equitable classification

A deductive system that enables us to derive many legal rules from a few principles makes the law more, rather than less certain, since this approach parallels the actual process by which judicial decisions are reached. Uncertainty as to the meaning of equity in the law is inevitably . .. due to the absence of legal guidance for the standard of moral values to be observed in transactions . .. 1

Industrial relations and catholic social doctrine

This paper reviews the key principles of Catholic Social thought as they pertain to relations between labour and capital. It is argued that such principles are foundational for the conduct of ethical relations and the exercise of moral values in the workplace, and are recognisable in the right of workers to employment and just compensation for their labours, in the duty of employers to provide safe and engaging work for those in their charge, and in the obligation of the state to dispense wise governance in a manner that guarantees the welfare and security of all its citizens. It is argued that these principles have had de facto airing in Australian political and economic history, and that they might be usefully drawn upon again to protect the rights of workers under the current ascendency of neo-liberal policy solutions.

Competing on the higher ground : social expectations and sport

Research in sport ethics has traditionally focused on the ethical dimensions of the sport event and athletes, however the examination of the principles of ethics to the management and organisation of sport is a relatively recent phenomenon. The tension between the roles and responsibilities of sport as a business, and sport as an ethical and moral aspect of society has forced sport organisations to face an increased number of complex ethical dilemmas. As sport systems throughout the world become further professionalised and bureaucratised, the community understanding of what is ‘good’ is challenged. It is a commonly held expectation that there should be a high level of moral behaviour from those participating directly in the sport event (athletes, coaches, referees), however this expectation has extended to the sporting clubs and organisations which govern the sport itself.

Often used interchangeably, ethics and morality are complex terms concentrating on issues of right and wrong behaviour. Beauchamp and Bowie (1993) stated that the term morality suggests a social institution, composed of a set of standards which are pervasively acknowledged by the members of a culture, or alternatively a social construction. The application of ethics and moral values to the business environment applies across all sectors, including for-profit, non-profit and government, however Rubin (1990) found that the normative ethics, those which society accepts as ethical behaviour, varies from sector to sector. In the non-profit sector, to which many sport organisations belong, Rubin (1990) found that because the community expects more ‘good’, they accept less ‘bad’. As many sport organisations throughout the world remain largely non-profit, linked with the commonly held belief that sport is a foundation for moral behaviours, the idealistic expectation of ethical conduct placed upon them may be different to those of more mainstream business organisations.

Mewett (2003) noted the importance of sport as a social phenomenon which ramifies widely through society to become an intrinsic part of culture and community life. The different expectations of ethical conduct and moral value placed on sport organisations increases the public interest in the ethical dilemmas faced by these organisations. Using the concept of conflict of interest as an example, this paper will examine the tension and difference between the community and social understanding and expectations of sport, and those of the sport organisations themselves.

Knowledge and education for a sustainable and socially just world : the ecology of innovation and creativity for humanity

Sustainability is a critical aim of Malaysian public policy and an important aim in education. Nonetheless, what sustainability means as it relates to education and the relationship between education and a sustainable future is unclear. In this paper I shall investigate the role that Universities in Malaysia play in shifting the practice and culture of innovation and creativity towards more sustainable values and outcomes. Sustainable education is based on ensuring that the capacities of students and the broader society are reengaged and empowered through connecting education to the needs and aspirations of civil society and moving away from neoliberal ideas of education as a practice of consumption towards, sustainable values of advancing human dignity.

Creativity and innovation within such an educational framework are goals and practices deeply connected and embedded within sustainable commitments to social justice, the public good, as well as individual growth and development which provide a critical legitimizing principle for university research and teaching. One of the key theoretical influences in making this argument will draw from the arguments of Amartya Sen whose theorization of capability may provide us with a way of thinking about social growth and development that is not possessively individualistic but rather socially concerned. I will discuss this in reference to the approach of University Sains Malaysia which provides an example of a public University seeking to engage sustainability and tie educational creativity and innovation back to the common good and a sustainable future.

The philosophical aim of this paper is to show how universities can pursue creativity and innovation as socially useful practices for advancing humane and sustainable values throughout Malaysian society and avoid the fusion of creativity with possessive individualism, consummerization and social irresponsibility. In this respect this paper addresses directly the theme of the conference: ‘Thinking Minds: Nurturing the Design of a Better Future'. '

To realise our national aspirations, a concerted effort is needed to increase our nation’s competitiveness, productivity and innovativeness. Attributes such as desire for knowledge, innovative thinking, creativity and competitiveness must be imbued within our people. The inculcation of moral values, progressiveness and performance-based cultures must also be instilled if we are to nurture successful individuals of the highest quality. This will determine our success as a knowledge-based economy.’ (Badawi 2007)

Business ethics and accounting students : Australia, South Asia and East Asia

Recent corporate collapses around the world show that there are no national boundaries for these occurrences. Australian corporate collapses including HIH Insurance, One.Tel, Ansett Australia and Harris Scarfe have raised public expectations of investigation of the causes of collapses (Mirshekary, Yaftian & Cross, 2005). The main reason for the collapse of HIH was mismanagement, with an emphasis more on the directors’ personal qualities such as integrity, honesty and morality rather than tougher legislation and rules. Accounting students are our future business leaders. The teaching of ethics in the classroom to multicultural groups of students provides an opportunity to facilitate the sharing of knowledge, and to increase interaction and debate around different approaches to ethics among students from different countries.
This study uses previous literature to explain the attitudes of accounting students towards academic and business/accounting ethics at an Australian university which is a multi-campus institution undertaking programs and activities at regional, national, international levels and by distance education.
This study reports the results of cross-cultural investigations of students’ ethical perceptions on moral values, academic and accounting/business vignettes, given that all students share the same learning opportunities, knowledge of ethics and interaction with their peers and lecturers. The results indicate no significant differences in responses between the students from Australia, South Asia and East Asia.

White tribe: echoes of the Anzac myth in Cronulla

Since the publication of Fiske, Hodge and Turner’s Myths of Oz: Reading Australian Popular Culture (1987), Australian Cultural Studies has turned to the beach as a primary site for examining national identity and the myths of Australian culture. In the text the beach is read as a liminal site between ‘culture’ and ‘nature’, represented respectively by lifesaver and surfer. The meanings of anti-authoritarianism attached to the surfer are significant to the reading. And yet Fiske, Hodge and Turner also locate a heritage of authoritarianism, discipline and civic duty in the figure of the lifesaver: 

'Lifesavers have drills, march-pasts and patrol squads, while exercising a conservative pastoral interest in their members’ moral health. They are agents of social control. Further, they see themselves as servants of the community, sacrificing their weekends for others—a tradition of sacrifice dear to a nation which twice voted no to conscription in the Great War.' (Fiske et al. 1987, 64–65) 

The new law of torts

The New Law of Torts third edition continues to question whether foundational principles and policies of torts law, reflect the social and moral values of modern Australian society. Living up to its name as The New Law of Torts, this book has been up-dated with the latest legislative and judicial development as well as the recent major cases, reflecting the changing nature of tort law.This is an essential and accessible text as it provides a clear and succinct discussion of the interface between the statutory regime in each jurisdiction and the common law. It comprehensively covers the law as it is applicable to the whole of Australia. The book has clearly delineated parts, sections and topics for each genus of torts (trespass, action on the case, statutory wrongs, etc.), and each species (battery, assault, negligence, nuisance). Headings and sub-headings provide useful breaks in the text, and selected cases are used not only as authorities, but also as illustrations of principle and judicial reasoning.

Teaching values

Teaching Values has been designed to support teachers to introduce the Nine Values for Australian Schooling (Australian Government 2005) to their students and to build on the work that they and their schools do in the name of values education. It does not set out to be the definitive text rather it contributes to the current and historical discourse in this area by providing a unique approach to this complex area of the school curriculum. Using a range of texts sourced from collections held by the National Museum of Australia the book uses textual analysis as an approach to teaching values.

On strangers, ‘moral panics’ and the neo-liberalization of teacher education

This paper explores the convergence of neo-liberal managerialism with the neo-conservative technologies of creating ‘moral panics’ about teacher education, English language and literacy curriculum and traditional values that allegedly fail to address the issues of public safety and cultural integration in the post- September 11th world. It problematises the neo-conservative vision of managing ‘strangers’ and public risks through dominant cultural literacy. The paper counters the neo-conservative backlash with a framework that emphasizes dialogical ethics in teaching for difference and conceptualizes transcultural literacy as an alternative model of education in multicultural conditions. This model is presented both as a way of resisting the subliminal infiltration of neo-conservative thinking in teacher education today and as a way of imagining a ‘cosmopolitan’ professional.

Moral rights, heritage and Australian contemporary architecture : thoughts & designs of Peter Muller

Peter Muller is one of the most unique Australian architects of the 20th century possessing a passion for organic architecture realised in several significant Australian and Indonesian design exemplars. His inquiry in the organic style of architecture stylistically mirrors that of Frank Lloyd Wright whom wrote to Muller expressing his pleasure in his successful pursuit of this style in Australia.3 This paper considers the position of moral rights under the Australian Copyright Act 19684 having regard to the Australian exemplars of Muller. It considers recent Australian debates about moral rights and projects that implicate several architectural and landscape architecture projects, the interpretations the legal fraternity are taking in approaching this topic, and positions the ideas, values, and attitudes of Muller in this context. Muller’s personal opinion is expressed providing an insight into the thoughts of one senior contemporary Australia architect as to 'their' architecture and ‘heritage’.

Negotiating masculinities via the moral problematization of sport

Researchers have raised concerns about the construction of dangerous/problematic masculinities within sporting fratriarchies1. Yet little is known about how male sport enthusiasts—critical of hypermasculine performances—negotiate their involvement in sport. Our aim was to examine how males negotiated sporting tensions and how these negotiations shaped their (masculine) selves. We drew on Foucault (1992) to analyze how interviewees problematized their respective sport culture in relation to the sexualization of females, public drunkenness and excessive training demands. Results illustrated how the interviewees produced selves, via the moral problematization of sport, that rejected the values or moral codes of hypermasculinity in attempts to create ethical masculinities. We suggest that a proliferation of techniques of self that resist hypermasculine forms of subjection could be one form of ethical response to the documented problems surrounding masculinities and sport.

On a clear day you can see forever : integrating values and skills in sex offender treatment

The topic of sex offender rehabilitation frequently evokes fierce reactions, ranging from strident demands for harsher sentences contrasted with calls for more imaginative and compassionate sentencing options. There seems to be a polarization of positions centred on the question of offenders' moral standing: are they moral strangers or fellow travellers? This fundamental disagreement about offenders' moral status is at the core of a number of independent, although related current practice and research issues confronting the field, namely: (1) risk management versus strength-based treatment approaches; (2) the utility of utilizing individually tailored versus manual-based programmes for offenders; (3) focusing on the technical aspects or therapy as opposed to relationship and therapist factors (what has been called process issues); and (4) the conflict between protecting the community versus promoting the interests of offenders. In this paper I suggest that an approach to sex offender treatment based on a combination of human rights theory (an ethical resource) and strengths-based approaches can help us navigate our way through the above dilemmas in a way that addressees both the needs of offenders and those of the community.

Putting traditional values into practice: Russia’s anti-gay laws

This article examines the rise of so-called anti-gay laws in Russia as a response to international Russian-led support for using “traditional values” as the foundation for human rights norms. Viewed in this way, a logic of moral sovereignty emerges that purports to offer a compromise between international human rights obligations and local socio-cultural norms. However, in the case of anti-gay laws, moral panic over LGBTQ people has made homophobia a political proxy for understandings of traditional values, in the process implicitly legitimizing homophobic violence and discrimination, and setting a dangerous precedent for traditional values to be invoked as a justification for violations of human rights norms.

Moral rights and Australian contemporary architecture : recent professional dilemmas and the thoughts of Peter Muller in this discourse

The moral rights of contemporary design projects has arisen as a difficult ethical dilemma in Australian architectural discourses, and is more complex when matters of heritage are implicated. This paper considers the position of moral rights under the AustralianCopyright Act 19682 having regard to the Australian exemplars of Peter Muller. Muller is one of the most highly regarded Australian architects of the twentieth century possessing a passion for organic architecture realised in several significant Australian and Indonesian design exemplars. The paper considers recent Australian debates about moral rights and projects that implicate several architectural and landscape architecture projects, the current legal interpretations, and explains the ideas, values, and opinions and practice of Muller in this context. A clear conclusion is that while the Act confers rights, there is no mechanism to ensure adherence to these rights, and particularly in the situation of a living designer where one of their designs is being accorded heritage status.