Journalism ethics and law: stories of media practice

Journalism Ethics and Law ignites the conversation about journalism ethics and the function of the law in today’s media. Emphasising a practical work-based approach to develop best practice multimedia journalism; this book presents a combined ethics and law experience for journalism students and uses stories and case studies to highlight the most significant questions for the practice of law and ethics today.

Journalism Ethics and Law offers readers a new way about thinking about journalism ethics and empowers future journalists to make good and ethical decisions in the field.

The legal profession and the business of law

‘Professional Responsibility and Ethics’ is one of the ‘Priestley 11’ law subjects compulsorily undertaken by Australian law students who aspire to be admitted to practice. Many of the brightest join the major corporate law firms. Nevertheless, there is little theoretical analysis of how those firms are functioning to affect the professional and ethical conduct of their practitioners in the neoliberal state. In this article it is argued that in the mature and highly competitive marketplace for legal services, rather than working as autonomous professionals, corporate lawyers are now finding themselves working more and more as functionaries subservient to the dictates of their corporate clients. Drawing on interviews with Australian major law firm corporate lawyers and Charles Derber’s theory on the proletarianisation of professional workers, it is argued that corporate lawyers are losing key elements of their professional identity in the impetus to maintain the client list and the profit motive. Furthermore, as the balance of power in the corporate legal sector is shifting from law firms to clients, the professional ethics of law firm lawyers are at risk of being compromised as they find themselves being reduced to little more than ‘flush’ factory fodder for the major corporations.

Feminist challenges to the constraints of law : donning uncomfortable robes?

Legal judgment writing mobilises a process of story-telling, drawing on existing judicial discourses, precedents and practices to create a narrative relevant to the specific case that is articulated by the presiding judge. In the Feminist Judgments projects feminist scholars and activists have sought to challenge and reinterpret legal judgments that have disadvantaged, discriminated against or denied women’s experiences. This paper reflects on the process of writing as a feminist judge in the Australian Project, in an intimate homicide case, R v Middendorp. Drawing on the work of Judith Butler on intelligibility, iterability and the communality of violence and vulnerability, this article argues that feminist judgments necessarily require some uncomfortable compromises with unjust gendered institutions. While ‘donning the robes’ may be an uncomfortable process, a feminist re-articulation of the law’s carceral power serves to unsettle and challenge some aspects of gendered oppression, even though it cannot unsettle the operation of the institution. The article concludes that effective feminist interventions by members of the judiciary may require donning robes that are not entirely comfortable in order to persuade and advocate for change.

Towards a critical practice of educational administration [Turkish]

Beginning with a brief critique of the behavioral science approach to educational administration, this paper traces the roots of an alternative perspective through examination of the new sociology of education and critical social theory. Arguing then for the location of a critical practice of educational administration in a cultural analysis of the habitus of education, the author discusses the metaphorical, ritualistic, and linguistic features of that habitus with reference to empirical studies. Fianlly, it is argued that the practice of a critical and reflexive educational administration is necessarily located within a critique of domination and a commitment to struggle in the interest of a better world.

A utilitarian argument: laying the foundation for a coherent system of law

Even the most ardent legal positivists agree that as a matter offact there is a connection between law and morality. In most Western legal systems this association is very strong. Underpinning most legal rules is a (real or  purported) moral principle - certainly it is difficult to find examples of laws which are clearly immoral. The foundation upon which a coherent and justifiable legal system must be built is a theory of morality.

The theory and practice of coastal area planning: linking strategic planning to local communities

Integrated coastal management (ICM) has been slowly accepted over the last decade as a unifying approach for coastal planning and management throughout the world. Coastal planning aimed at achieving the objectives of ICM can be implemented by varying processes and faces many challenges. One major challenge for coastal planning is to adapt the well-developed theoretical principles of ICM to practical and understandable outcomes in local areas. Associated with this challenge is the need to balance coastal planning objectives for conservation and economic development of a nation or state/province with the objectives of the local community. This article describes a three-tiered approach to coastal planning in Victoria, Australia, which will be of value to other countries, particularly those with subnational coastal planning jurisdictions. This approach not only has the aim of balancing subnational (e.g., state government) and local objectives, but also of applying the theoretical concept of ICM in practice on the ground. In addition, the approach sets out to achieve a sense of ownership of the planning process by local communities by maximizing their involvement at all levels of planning and also by making the state strategy as easy to understand and follow as possible.

The minimum moral content of law : a critique of Hart's descriptive theory of positive and natural law

Review of H.L.A. Hart's account of the minimum moral content of law - assesses its consistency with the methodology provided in his description of the focal meaning or central case of law - particular focus is Hart's consideration of the ultimate end of man - how difficulties faced by Hart's account of the minimum moral content of law can be overcome.

Social justice and the study and practice of leadership in education : a feminist history

This historical sociology deconstructs the interrelationship between the theory and practice of the troublesome notions of leadership, social justice and feminism. First, it tracks marginalised groups' relationship to the field of educational administration and their claims upon the state. Mainstream approaches have been informed by theories, practices and politics that do not focus on the core educational work of teaching and learning, therefore sidelining social justice issues. Second, it maps feminist and critical theorists' alternative conceptualisations, for example, of democratic leadership, which dissolve artificial binaries between formal and informal leadership. Finally, it considers what this means for re-theorising leadership for social justice.

Defining the scope of practice of the emergency nurse practitioner role in a metropolitan emergency department

This study examined the emergency nurse practitioner candidate (ENPC) scope of practice in a Victorian emergency department (ED). The emergency nurse practitioner (ENP) role is relatively new in Victoria and the scope of the ENP(C) practice is yet to be defined. International research literature regarding the ENP role has focused on outcomes such as patient satisfaction, waiting times and/or ED length of stay, accuracy and adequacy of documentation, use of radiography, and patient education, health promotion and communication issues. A prospective exploratory design was used to conduct this cohort study. There were 476 ENPC-managed patients between 14 July 2004 and 31 March 2005 with an average age of 29 years. The majority (77.2%) of ENPC-managed patients were discharged from the ED. The majority of the ENPC time was devoted to clinical practice (55%) and development of clinical practice guidelines (25%). Of patients managed by the ENPC, 49.6% required medications, 51% required diagnostic imaging and 8.6% required pathology testing during their ED stay. The most common discharge referrals were made to local medical officers (73.5%) and the most common referrals made for patients requiring admission were made to the plastic surgery (37.3%) and orthopaedic (35.5%) units. Extensions to the current scope of emergency nursing practice are pivotal to effective management of specific patient groups by ENP. The ENP model of care is an important strategy for the management of increased service demands in Victoria; however, little is known about the scope of the ENPC practice and many outcomes of the ENP care are yet to be defined. Further research to better understand the relationships between ENP outcomes is required if the contribution that ENPs make to emergency care is to be accurately quantified.

Truth is God harm minimization through the practice of ecologically sustainable design and buddhism

The emergence of the global ecological crisis is presenting unique opportunities for the coordination of ethical thinking across cultural boundaries. Harm minimization as an ethical imperative operates as the ‘modus operandi’ behind both Ecologically Sustainable Design (ESD) and Buddhist practice. The architectural response to ESD is founded upon the ‘Declaration of Interdependence for a Sustainable Future’ adopted in 1993 by the International Union of Architects, of which the RAIA is a member.

Buddhism is a response to existential concerns universal to humanity. It developed as a set of principles for personal transformation known as the Four Noble Truths elucidated two and a half thousand years ago. Buddhist meditation practise ‘interrupts automatic patterns of conditioned behaviour’ recognised as the major obstacle to be overcome in any programme for change. Unsustainable egocentric behaviour is considered fundamental to our global ecological crisis and calls for radical behavioural change are increasingly being heard at the professional as well as the personal level. Emerging synergies between the Western cognitive sciences and Buddhist study of the mind increasingly validate the Tibetan Buddhist mind development phenomenon. Buddhists argue that their programme for enhancing ethical behaviour through mind development is a step-by step process of observation and analysis built upon empirical observation – a fundamental pre-requisite of any ‘scientific’ enquiry. Collaborative research programmes currently underway are an attempt to re-interpret Buddhist meditation techniques within a framework acceptable to Western scientific understanding. A truly holistic approach to harm minimization requires its consideration.