Conclusion

Lorraine Walker

As a magistrate and coroner, delving in to the world of research and academia in relation to legal philosophy during the working week is a rare privilege. Yet many of these chapters proved to have a real relevance to my daily work.

There are four strands to the chapters in this book which are hugely disparate in detail and context. Yet there are significant themes discernible within them.

From microcosmic discussions of particular provisions regarding the giving of evidence in sexual assault cases and the question of the right to self-determination of arbitration proceedings in an international setting to the broader discussions of the rights to privacy and control over one’s genetic information, the notion of respect for the individual and their personal characteristics underpins the analyses.

The theme of the evolution of what constitutes justice is explored from the review of the Mount Rennie rape case in 1886 to an exploration of the development of the rule of law in the Pacific. Both chapters are a reminder that whilst the principle of the rule of law is a constant in civilised society, its form is very much an evolving beast.

The significance of recognising and protecting the potentially vulnerable is explored in the chapters on the giving evidence in sexual assault cases, the relevance of Aboriginality in sentencing, sexual harassment in the bush and formal recognition of the debilitating effect of family violence in the workplace. They are a reminder that what is implemented or considered as a protection may not be perceived as such by the purported beneficiary. The risk of misguided paternalism is also to be guarded against.

Recognition of the significance of the public interest, recognising and reflecting it, are highlighted by the chapters dealing with the need for public awareness of sentencing practices along with public participation in decision-making in the environmental justice context.

His Honour, former Justice Kirby, addressed the Symposium that evolved into this book. He stressed the need for vigilance in the pursuit and protection ofjustice. This book is evidence of such vigilance.

⁵¹ Galambany Circle Court (20 July 2011) ACT Magistrates Court

² James Spigelman, ‘Free, Strong Societies Arise From Participatory Legal Systems’, Sydney Morning Herald (online), 16 May 2005

³⁸ See: Victorian Sentencing Manual (2011) Judicial College of Victoria