946 resultados para Australian common law
Resumo:
This paper seeks to elucidate the role played by the common good in John Finnis's arguments for a generic and presumptive moral obligation to obey the law.1 Finnis's appeal to the common good constitutes a direct challenge to liberal and philosophical anarchist denials of a generic and presumptive obligation to obey the law.2 It is questionable, however, whether Finnis has presented the strongest possible case for his position. In the first section I outline Finnis's account of the relationship between basic goods, the common good, and the authority of law. Section II demonstrates how Finnis's emphasis upon the instrumental nature of the common good leaves his position vulnerable to Joseph Raz's objections3 that not all cases of law make a moral difference and that governmental authority is often unnecessary to resolve coordination problems. I argue that Raz's critique nonetheless fails adequately to address an alternative defense of the existence of a generic and presumptive obligation to obey the law, suggested by some passages in Finnis's work, according to which the common good is integral, rather than merely instrumental, to the good of individuals. In the final section I consider whether Finnis could strengthen his case for a generic and presumptive obligation to obey the law by adopting a more consistently robust—and hence also more contentious—account of the common good.
Resumo:
Climate change, global warming, rising sea levels, ice cap melting, carbon taxes and trading schemes etc. are all major environmental issues that confront the modern world. Universities are now trying to ensure that their students graduate with an understanding of environmental sustainability regardless of their field of expertise.
This study investigates 181 undergraduate and 155 post graduate business and law units from five schools within an Australian University to see how they embed environmental sustainability into their existing curriculums. It also examines how environmental sustainability fits into the scaffolding of the main Bachelor of Commerce degree and how each school plays its part into the overall development of graduates’ understanding of environmental sustainability. In July and December 2011 all unit chairs in the Faculty of Business and Law at Deakin University were asked if and how environmental sustainability was included in their units.
Of the 336 unit chairs that completed the survey, 37% of those unit chairs replied positively and of the remainder, the vast majority of these believed environmental sustainability was not applicable to their unit. However, measuring the effectiveness of the introduction of environmental sustainability into the curriculum is extremely difficult and this is often done by student assessment methods. Only 7% of the units actually carried out any assessment of the students’ knowledge of environmental sustainability.
The findings across the faculty were mixed, with Post Graduate units and Management and Marketing courses being very strong in embedding environmental sustainability into their curriculum. The Bachelor of Commerce Degree students, especially those with Management or Marketing majors received a good grounding in environmental sustainability.
These findings have implications for course and curriculum designers who are trying to effectively embed environmental sustainability into the scaffolding of their existing educational courses.
Resumo:
This is the first major Australian anti-discrimination law text book which contains a comprehensive and critical examination of the major statutes and cases in all jurisdictions.
Resumo:
This paper examines trends in co-authorship in the Group of Eight (Go8) law reviews over the period 1975 to 2010. Several conclusions emerge. First, co-authorship occurs less in legal scholarship than in other disciplines. Second, co-authorship in Australian legal scholarship is less than in legal scholarship in the United States. Third, in terms of gender differences, males collaborate more than females. Fourth, academics at the leading law schools provide a disproportionate number of co-authored articles in the Go8 law reviews. Fifth, there is a positive correlation between co-authorship and publishing in the top Australian law journals. Between a quarter and a third of those who co-authored three or more articles in the Go8 law reviews were also those who published the most in the top Australian law journals over the period 1990–2010.
Resumo:
How to deal with the impacts of the exchange rate on the trade balance of Brazil? There is not a single answer to such question. In order to find out some legal approaches for this matter, this paper aims to describe and analyze the role of the IMF, WTO and the governments of Brazil and the United States on the currency misalignments, especially the extraterritorial effects of such misalignment on the Brazil’s bilateral trade with the United States. The article concludes that the Currency Swap Agreements and other bilateral solutions may minimize the distortions that the Brazilian balance of payment against the USA is carrying, due to the lack of legal solutions for the problem of the exchange rate misalignments that Brazil is facing.
Resumo:
'Common places', as argued in this paper, may at times fulfil a persuasive function. This is the case of messages enshrined in Europe 2020. In the aftermath of an unprecedented economic and financial crisis they may sound like common places. European institutions have given precedence to measures on financial and budgetary stability, thus marginalising social and employment policies. The only promising developments, the 'new places' in labour law, must be searched in the new synergies among employment and cohesion policies. National and subnational levels of decison-making should be favoured in order to attain the delivery of new partnership agreements, supported by European structural funds.
