The propensity evidence conundrum: a search for doctrinal consistency

Definition of propensity evidence - defining the operation and scope of the outlined rules under the current common law doctrine and statutes of Australia - how it differs from the relationship and res gestae species of character evidence.

Updating the principles of the liturgical movement for a new liturgical movement

The author is a Benedictine monk of L’abbaye Sainte-Madeleine du Barroux in France. The original paper (in French) was delivered in July 2001 at a Liturgy Conference held at the Abbey of Notre Dame, Fontgombault, France,
in the presence of the then Joseph Cardinal Ratzinger when Prefect of the Congregation for the Doctrine of the Faith and was later published in the English translated proceedings of the conference edited by Dr Alcuin Reid, Looking Again at the Question of the Liturgy with Cardinal Ratzinger:
Proceedings of the July 2001 Fontgombault Liturgical Conference (St Michael’s Abbey, Farnborough, 2003). The paper here published is revised and translated from the original French especially for The Priest by Professor David Birch (Deakin University, Melbourne) at the invitation of the Editor, with the cooperation of Dom Charbel. The full set of footnotes is available in Reid (Ed.) (2003). Where passages are quoted from Magisterial texts, the Vatican website English translation is given rather than a translation of the French version used in the original paper. Sub-headings are due to the Editor.

Rejection of the fruit of the poisonous tree doctrine in Australia : a retreat from progressivism

This article canvasses the key Australian exclusionary rules and discretions to exclude evidence under both the common law and its statutory counterparts in the Uniform Evidence Legislation now in effect in the Commonwealth, Victoria, New South Wales, the Australian Capital Territory and Tasmania. In examining these exclusionary rules and discretions, an analysis is made as to whether evidence derived from primary evidence excluded under one or more of these rules should also be excluded under an American style 'fruit of the poisonous tree doctrine' - and why or why not. Finally, the article compares the current Australian approach to this doctrine with the present state of the American doctrine and the recognised exceptions thereto. The article concludes with recommendations for applying the doctrine in both countries, subject to suggested changes in the Jaw that take the realities of political correctness and human frailty into account.

The Aristotelian spoudaios as ethical exemplar in Finnis’s natural law theory

One provocative but frequently overlooked feature of John Finnis’s natural law theory is its appeal to the normative role of the Aristotelian spoudaios (the mature person of practical reasonableness). Finnis’s account of the basic requirements of practical reasonableness and defense of the methodological device of “focal meaning” both have recourse to Aristotle’s claim that, in ethics and politics, things should be judged in terms of how they appear to the mature practically reasonable person. The current paper examines the normative role played by the spoudaios within Finnis’s natural law theory and provides a defense of that role against the objection that it lacks justificatory force because it is dependent upon circular reasoning. Section one contextualizes Finnis’s use of the spoudaios by considering its Aristotelian origins and also sketches some reasons for its demise in subsequent moral theory. This serves as the basis for an assessment in section two of whether Finnis’s employment of the spoudaios as an ethical exemplar conflates explanation and justification, and therefore culminates in decisionism. The conclusion of the paper is that Finnis’s recourse to the spoudaios is not viciously circular, because it is grounded in the reflexive and dialogical mode of justification proper to ethical enquiry.

Critical Indigenous pedagogy meets transformative education in a third space learning experience

This paper explores the philosophical and theoretical foundations of a first year unit in Aboriginal Studies offered at the University of Notre Dame in Fremantle. It explains how the current approach is inclusive of transformative and critical Indigenous pedagogies and taught from an evolving ‘third space’. Each philosophical underpinning is considered briefly, with reference to informal feedback received from students in 2014. What is suggested is that AB100 is indeed transformational for students in ways that are potentially ongoing in both professional and personallives. Given the focus of the University of Notre Dame on training students for the professions this has implications for potential ways of teaching and learning that may require uncapping the usual teaching and learning frameworks to actively incorporate transformative and Indigenous pedagogies. Recommended is the need for further investigation and research into the impact of this approach to learning via an evaluation framework based upon the authors PhD outcomes

The distinctive common good

This paper defends the traditional distinctive notion of the common good against the claim that it is normatively redundant on the aggregative conception. The first two sections of the paper outline the different candidate conceptions of the common good and the normative role of the common good within natural law theories. The paper then considers some difficulties faced by the instrumental and aggregative conceptions, before developing an Aristotelian account of the distinctive conception of the common good and demonstrating its normative significance for a natural law account of political and legal authority.