Law, Theology, and Morality: Conceptions of the Rights to Relief of the Poor in the Twelfth and Thirteenth Centuries

This article presents an analysis of certain ways of thinking about law and its relationship to the poor, in particular the rights and entitlements of the poor to the basic necessities of life and the obligations of society to provide those necessities. It focuses on the works of Peter the Chanter and his “circle” at Paris in the late twelfth and early thirteenth centuries. Significant in their writings on the quandary between respect for private property and the need to allow those in need to take a share of this private property in order to survive is their negotiation of the intellectual boundaries and understandings between law, theology, and morality. In addition, an understanding of their discussions in light of canonistic and theological works of the time reveal a hitherto under-appreciated contribution to the “subjective rights” language in Peter the Chanter.

Part IVA - a toothless tiger?

Tax avoidance has been a problem for governments since taxes were introduced. Thirteenth century English property taxes were avoided by taxpayers moving their assets outside the sheriff’s jurisdiction. Even more conniving were the citizens of 17th century England who avoided the Window Tax by covering their windows before the tax collector’s visit.

Sacred rules, secular revelations : the conceptions of rights in pre-modern Europe

This paper is an attempt to reflect on the methodological approaches that I bring to ‘reading law’ in my current project on understandings of individual rights in the legal and theological texts of the twelfth- and early thirteenth-century Middle Ages, entitled ‘Sacred Rules, Secular Revelations: The Conceptions of Rights in Pre-Modern Europe’

The roots of punitive damages at common law: a longer history

This Article aims to revisit the historical development of the doctrine ofexemplary or punitive damages. Punitive damages are anomalous in that they lie in both tort and crime, a matter that has led to much criticism by modern commentators. Yet, a definitive history of punitive damages does not exist to explain this anomaly. The main contribution of this Article, then, is to begin such a history by way of a meta-narrative. It identifies and links the historically significant moments that led to punitive damages, beginning with the background period of classical Roman law, its renewed reception in Western Europe in the twelfth and thirteenth centuries that coincided with the emergence of the English common law,the English statutes of the late thirteenth century, to the court cases of Wilkes v. Wood and Huckle v. Money in the eighteenth century that heralded the "first explicit articulation" of the legal principle of punitive damages. This Article argues that this history is not linear in nature but historically contingent. This is a corrective to present scholarship, which fails to adequately connect or contextualize these historical moments, or over-simplifies this development over time.

Scientists and the cultural politics of academic disciplines in late 19th-century Germany: Emil Du Bois-Reymond and the controversy over the role of the cultural sciences

This article is concerned with interactions between the natural and the human sciences. It examines a specific late 19th-century episode in their relationship and argues that the schism between the two branches of knowledge was due to cognitive factors, but consolidated through the social dynamics of institutionalized disciplines. It contends that the assignment of a social function to the human sciences to compensate for the self-destructive tendencies inherent in the technological society was expressed even by those, at the end of the 19th century, who were fervent advocates of a science- and technology-driven modernization.

Filching the Argentine colonists : the encouragement of Patagonians to the Northern Territory in the early twentieth century

This paper explores the background to the emigration of 220 settlers from Patagonia in South America to the Northern Territory during the course of World War I. The group, which arrived in Darwin on the Kwanto Maru in 1915, comprised an unusual mixture of nationalities. The breakdown given in the passenger list and the contemporary press was 113 Spaniards, 45 Russians, 30 Italians. 28 British, I Argentinian [of British parents], 1 Frenchman, 1 Serbian and 1 Greek. Some of the 'Spaniards' were presumably Spanish speaking Argentinians but most were indeed of Spanish descent, such as the Martinez, Perez and Villalba families. Of the British amongst the group, almost all were Welsh. They came as a result of inducements held out to the Welsh amongst the party in the years immediately prior to the war by the Commonwealth Government, which administered the Northern Territory after 1911. This account provides a fascinating case study of the recruitment of immigrants to Australia, and particularly to the Northern Territory, in the early twentieth century.

The Australian Constitution: A century of irrelevance

Why the Australian Constitution is irrelevant - while some aspects of the Constitution, such as the separation of powers doctrine, provide the prospect for a Constitution that is more committed to principles of relevance to the citizenry, consideration must be given to the role played by the Constitution in Australian society, and whether it is as important as it should be - effort spent interpreting many sections of the Constitution has been a waste of the High Court's time and energy - given that no important rights and duties are at stake, consistency should be the main objective for the Court in such cases - in the teaching of constitutional law, less time should be spent focusing on mechanistic case law - emphasis should be placed on the values and ideals that inform the content and development of constitutional principles.

The Fiftieth Gate : an Australian case study in twentieth-century 'popular' publishing

On Sunday 6 April 1997, historian Mark Baker's first non-academic book was launched at Melbourne's iconic migrant portal, Station Pier. The guest list of over 500 invitees included representatives of many print media organisations, most of whom interviewed the author. His photograph was reproduced a week later in the 'Agenda' section of The Age newspaper. In this portrait, Baker leans on the railings beside the massive structure of Station Pier. Framed by sea and sky, he is caught glancing pensively over his shoulder past the camera and into the middle distance. He is alone. The day is bleak. Here, the reader is invited to surmise, is a man with much on his mind. In a flash of inspiration the sub-editor has prefaced the accompanying caption, 'Back to the future', linking the story with the mass media of film and television.