Easteal Patricia (ed.). Justice Connections. Cambridge Scholars Publishing,2014. — 322 p.. 2014

Justice Behind the Scenes. Discrimination, Workplaces and Justice. Judicial Principles, Pragmatism and Proportionality. Justice in a Comparative Context

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Table of Contents

Contributors

Foreword Lorraine walker

PartI Justice Behind the Scene

Introduction

Rosalind F. Croucher

Common Threads

Reflections on Justice as Fairness

Justice and Iconography

Accepting That Justice is Fair

Chapter One

View From The Inside: The Sexual And Violent Offences Legislation AmendmentA ct2008

Jessica Kennedy and Patricia Easteal

Introduction

Methodology

View from the Inside: How are the Amendments being Applied?

View from the Inside: Have the Aims of the Act been Achieved?

Chapter Two

The Relevance of Aboriginality in Sentencing: Findings from Interviews in the act

Christina Lewis, Anthony Hopkins and Lorana Bartels

Introduction

Judicial Consideration of the Relevance of Aboriginality in Sentencing

Aboriginality and Sentencing in the ACT

Conclusion

Chapter Three

Sentencing Statistics, Sentencing Councils and the Quest for Data in the Australian Capital Territory

Lorana Bartels

Introduction

What are Other Jurisdictions Doing? Sentencing Data and Councils around Australia

Sentencing in the ACT: Where Have We Been and Where are We Going?

Conclusion

Part II Discrimination, Workplaces and Justic

Introduction

Helen Watchirs

Sexual Harassment

Family Violence and Employment Law

Genetic Testing

Chapter Four

Media Reportage of Sexual harassment: The (In)Credible Complainant

Keziah Judd and Patricia Easteal

Introduction: The Mass Media and the Court of Public Opinion

“Facts” of the Five Cases

Melodramatic v Flat (Tabloid v Broadsheet)

Credibility and Character

Conclusion

Chapter Five “I Just Think it All Comes Down To How The Girl Behaves as to How She is Treated”: Sexual Harassment “Survival” Behaviours and workplace Thinking in Rural Australia

Skye Saunders and Patricia Easteal

The Bigger Picture: The Landscape

Methodology: Putting Out the “Coo-ee!”

Victim Blaming

MinimisingZNormalising

Conclusion: “It Sounds Bad — But You Just Get Used to it. It’s Just ‘Boys Being Boys’...”

Chapter Six

Family Violence, Employment and Anti-Discrimination law: The Challenge for law Reform

Amanda Alford

Introduction

Family Violence — A Workplace Issue?

The Role of the Employment Law System

Approaches to Reform

The Future Path to Reform

Chapter Seven

Regulation, Disclosure, and VOLUNTARY GENETIC PROFILING

Wendy Bonython and Bruce Baer Arnold

Direct-to-consumer (DTC) availability of genetic testing is a relatively new phenomenon, which has, until recently, largely escaped the attention of regulators.

This is the Meaning of Life? Genes, Genomes, and DTC Genetic Testing

Consumer Protection, Genetic Discrimination, and Privacy — The Issues

Regulation — The Solutions, or Adding to the Problem?

Conclusion

Part III

Judicial Principles, Pragmatism and Proportionalit

Introduction

The Hon. Michael Kirby

Principle and Pragmatism

Proportionality

Chapter Eight

Law, Cultural Exceptionalism and the Body

Bruce Baer Arnold, Wendy Bonython AND SKYE MASTERS

MJourdain: Good Heavens! Then I have been speaking prose for more than forty years without knowing it. I couldn’t be more grateful to you for teaching me that...

Making Sense of Exceptions

Autopsies and the Indigenous Body

Rejecting the Fluid of Life

Conclusion

Chapter Nine

The Mount Rennie Rape Case of 1886: Politics, Mercy and Justice in Late Nineteenth Century Australia

Wendy Kukulies-Smith and Susan Priest

Six men’s lives trembling in the balance, and the Chief Justice in New Zealand, the Attorney-General in Tasmania, and the judge who tried the case having sailed for England.[759]

Introduction

Windeyer’s Justice: An “Unyielding Heel of Iron”[776]

Lord Carrington’s Bind

Conclusion

Part IV

Justice in a Comparative Contex

Introduction

Margaret Thornton

Justice as Performance

Chapter Ten: Tony Krone,Corruption and the Rule of Law: A Case Study of Solomon Islands

Chapter Eleven: Dalma Demeter and Thilini Perera, Religious Influences over Arbitral Proceedings: Personalising or Jeopardising Justice?

Chapter Twelve: Mirjana Drenovak-Ivanovic, Environmental Justice in a Comparative Context