Liberty beyond neo-liberalism: a republican critique of liberal governance in a globalising age

Steven Slaughter examines whether liberals can govern in a way that promotes liberty and moderates the significant social dislocation associated with neo-liberalism and economic globalisation. This book critically evaluates the potential of various liberal arguments to adequately address the harmful social aspects of economic globalisation in three distinct stages. First, it examines the configuration of contemporary economic globalisation and the consequences of this process for liberal thought and governance. Second, it examines contemporary liberal approaches by critically examining a series of liberal texts that provide practical alternative schemes of governance. Third, in finding these contemporary liberal arguments insufficient to the task of a socially responsible regulation of economic globalisation, the book concludes with an innovative scheme that stems from neo-Roman republican political theory.
This alternate approach is termed global civic republicanism and seeks to retrieve the public and civic character of the state in order to provide its citizens protection from economic vulnerability and thereby constitute a resilient form of individual liberty. As such, the philosophical and practical resources that support the idea of republican states are outlined and contrasted with cosmopolitan modes of thought. The legacy of republican ideas in respect to political economy, world politics and global governance are also examined.

Preventative detention and the right of personal liberty and security under the International Covenant on Civil and Political Rights, 1966

Preventive detention enables a person to be deprived of liberty, by executive determination, for the purposes of safeguarding national security or public order without that person being charged or brought to trial. This paper examines Article 9(1) of the International Covenant on Civil and Political Rights, 1966 to assess whether preventive detention is prohibited by the phrase 'arbitrary arrest and detention '. To analyse this Article, this paper uses a textual and structural analysis of the Article, as well as reference to the travaux preparatoires and case law of the Human Rights Committee. This paper argues that preventive detention is not explicitly prohibited by Article 9(1) ofthe International Covenant on Civil and Political Rights 1966. If preventive detention is 'arbitrary', within the wide interpretation of that term as argued in this paper, it will be a permissible deprivation of personal liberty under Article 9(1) of the International Covenant on Civil and Political Rights, 1966. Preventive detention will, however, always be considered 'arbitrary' if sajeguards for those arrested and detained are not complied with, in particular the right to judicial review of the lawfulness of detention.

Preventive detention and the right to personal liberty and security under Article 5 ECHR

'Preventive detention' refers to detention by executive order as a  precautionary measure based on predicted criminal conduct. Detention is without criminal charge or trial as detention is based on the prediction of a future offence. This paper examines Article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms ('ECHR'), in particular Article 5(1)(c) and Article 5(3). To explore this issue, this paper conducts a textual analysis of Article 5 and examines both the travaux preacuteparatoires of the ECHR, as well as jurisprudence of the European Court of Human Rights. This article argues that preventive detention is specifically provided for under the second ground of detention in Article 5(1)(c). A person in preventive detention, however, must be brought promptly before judicial authority under Article 5(3).

Refuge in the land of liberty : France and its refugees, from the revolution to the end of asylum, 1787-1939

France has a long tradition of asylum for refugees. Since the Revolution, this has made it the land of liberty (pays de la liberte) and the land of asylum (la terre d'asile)." "In practice, responses have been shaped less by principle than by political and social conditions. Various refugee movements - from the late eighteenth-century Lowlands, to Spanish and Italian liberals in the 1820s, Polish nationalists in the 1830s. German social revolutionaries of 1848-9, anti-Bolsheviks from the Russian Revolution, Christians from the former Ottoman Empire, and Jews from Nazi Germany - have met with mixed responses, which shifted uneasily between sympathy, principle, pragmatism, and open hostility." "This book examines the tensions between refugee rights and political responses to refugees, and between humanitarian concern for their plight and hostility to their imposition on the state. Increasingly punitive measures against refugees saw, in 1939, the end of asylum in the internment of republican exiles from the Spanish Civil War.

Liberty in key works of John Locke and John Stuart Mill

The ideas of liberty presented in the important works of John Locke and John Stuart Mill, The Second Treatise of Government (1689) and On Liberty (1859), are often viewed as belonging to the same conceptual tradition, that of English liberalism. This thesis is an articulation of the diversity between the theories of liberty expressed by Locke and Mill in the Second Treatise and On liberty. \ am aiming to provide a corrective to the tendency to ignore or to gloss over very significant differences between the two men. The work concentrates on the philosophical aspects of each theory of liberty, arguing that they differ in four respects. These are; definitions of liberty; justifications of liberty; how much liberty and for whom they recommend it, and finally, who they believe threatens liberty and how this threat is to be curbed. It is the purpose of this thesis to show that in terms of these areas Locke and Mill are pursuing different ends. I conclude that Locke and Mill present strikingly different theories of liberty and cannot be thought of as belonging to the one conceptual tradition in terms of the definition, the justification, the prescription and the threat to liberty. Ultimately, I question the value of including Locke and Mill in the one conceptual tradition of liberty solely on the basis that they argue ‘freedom from.’

East Timor : the price of liberty

This book is based on extensive research and regaulr visits to East Timor since 1995. It considers the trials that the people of East Timor have undergone in their long struggle for independence, and issues that have arisen out of independence. This account places East Timor within the context of other post-colonial states, noting the problems that most of them have faced in coming to grips with their new-found freedoms, and how they have managed, or mismanaged, such freedoms. It also traces the themes and issues within the independence movement, noting how these have contibuted to post-independence outcomes, in particular the poltiical tensions that almost saw East Timor collapse as a viable state in 2006. The books concludes with an assessment of the 2007 elections which, depsite some post-election violence, saw the consolidation of democratic processes in East Timor, and which marked it as having a brighter future in this one critical respect.

Tim O'Reilly and web 2.0 : the economics of memetic liberty and control

This article presents an account of the role of Tim O'Reilly, both as an individual and as a corporate entity (O'Reilly Group), in the creation, spread and use of the concept of Web 2.0. It demonstrates that, whatever Web 2.0's current uses to describe variously the technologies, politics, commerce or social meaning of the Internet, it originates as a deliberately open signifier of novel and potential internet development in the mid-2000s. The article argues that O'Reilly has promoted the diversity of the term's meanings and uses - celebrating textual liberties - but has also emphasised the special role that O'Reilly plays in providing the authoritative definition of that term. In essence, O'Reilly profits from this 'control' of the idea of Web 2.0 but that, to enjoy that control O'Reilly must also allow differences in meaning. The article concludes by suggesting that Web 2.0 therefore signifies a new kind of economics that brings together freedom and control in a new way.

Democracy, liberty and the prerogative: the displacement of inherent executive power by statute

This article analyses arguments that the prerogative should be readily displaced by statute, where a statute deals with a subject matter similar to a prerogative. It does so by examining the leading cases on displacement of the prerogative in the United Kingdom and the Australian states, and displacement of the Australian Commonwealth's inherent executive power. The cases do not adopt a single rule but the question of whether a statute will be taken to displace a prerogative is highly dependent of the facts and the provisions of the particular staute.This article defends the current approach to displacement, for three reasons. First, the courts do not allow governments to subvert or ignore statutes by using the prerogative. Secondly, the courts have almost always decided in favour of liberty and against the conferral of coercive powers on government. Thirdly, a single rule could not do justice to all the variables involved in displacement cases. Ordinary principles of statutory interpretation are sufficient to deal with questions of displacement.

Absolute freedom and major structural change

Comments on the contribution of philosopher Slavoj Zizek to the reception of the works of psychoanalyst Jacques Lacan in universities. Analysis of philosophy, religion, politics and society; Notion of an act of absolute freedom; Consequences of an act.

New criminal sanctions-inflicting pain through the denial of employment and education

Imprisonments and fines are the standard sanctions employed by most western countries in punishing offenders.  Where neither of these penalties is appropriate, the courts normally have a variety of indeterminate sanctions at their disposal.  However the general effectiveness of these sanctions is questionable.  This paper argues that the criminal justice system has been too slow and unimaginative in developing efficient and effective methods of punishing offenders.  There are ways of inflicting pain on offenders that do not encroach on their liberty or affect their material wealth.  It is suggested that new sentencing options should include the annulment or suspension of an offenders academic qualifications and the making of orders preventing an offender from working or being enrolled in an educational or vocational pursuit.

Black and white is always grey-the power of the police to conduct a strip search in Victoria

The performance of a strip search by a police officer is a serious interference with the liberty and dignity of an individual. However, it is considered by police to be an important part of their law enforcement armory and one that is increasingly necessary to utilise to assist in the investigation and prosecution of drug-related crimes. This article considers the troublesome issue of whether and in what circumstances the common law may extend to police the power to conduct a strip search. In addition, there is an examination of the statutes and regulations that purportedly give police in Victoria the power to strip search with particular attention given to ss 81 and 82 of the Drugs, Poisons and Controlled Substances Act 1981 (Vic).