Preparing Australia's future lawyers: an exposition of changing values over time in the context of teaching about ethical dilemmas

This study investigated what values may be influential to decision making in relation to ethical behaviour for early career lawyers. It adopted a longitudinal approach to investigate how values develop or degrade over time as final year law students move into their first two years of employment or further study. To this end, the study investigated the role that tertiary education and employers fulfill in building and perpetuating ‘appropriate’ professional values? Results demonstrate that, in general, ethical behaviour was not uniformly reinforced over time in the workplace. The undertaking of pro bono work stands out here. Results suggested that certain behaviour relevant values may develop or degrade over the early years of the Australian lawyer's career. The implications of results are discussed in the contexts of ethics education in a tertiary context and the continuing education and regulation of the legal profession.

The application of a fuzzy rule based system in an exposition of the antecedents of sedge warbler song flight

The utilization of a fuzzy aspect within data analysis attempts to move from a quantitative to a more qualitative investigative environment. As such, this may allow the more non-quantitative researchers results they can use, based on sets of linguistic terms. In this paper an inductive fuzzy decision tree approach is utilized to construct a fuzzy-rule-based system for the first time in a biological setting. The specific biological problem considered attempts to identify the antecedents (conditions in the fuzzy decision rules) which characterize the length of song flight of the male sedge warbler when attempting to attract a mate. Hence, for a non-quantitative investigator the resultant set of fuzzy rules allows an insight into the linguistic interpretation on the relationship between associated characteristics and the respective song flight duration.

The principle of legality and contemporanea exposition est optima et fortissima in lege

If the principle of legality operates to obscure from Parliament the common law (rights) backdrop against which it legislates, the clarity or rights-sensitivity of that legislation cannot be improved. This undercuts, rather than promotes, the democratic and rule of law values that underpin the modern conception of the principle and its contemporary normative justification. So the courts must strive to give Parliament the clearest possible picture as to the content of the fundamental common law rights it seeks to protect and, depending on the right, freedom, or principle in legislative play, the strength with which the principle will be applied in order to do so. Parliament (and parliamentary counsel) can only ‘squarely confront’ those fundamental rights the existence and content of which was known at the time of legislating. The proposition which, necessarily, follows is that the rule of contemporanea exposition est optima et fortissimo in lege must be revived when judges apply the principle of legality to the construction of statutes. If the courts are to maintain and take seriously the normative justification for the principle then its application to the construction of statutes can only operate to protect from legislative encroachment those fundamental rights existing at the time the statute was enacted.