Melbourne Law School - Research Publications

Permanent URI for this collection

http://hdl.handle.net/11343/382

Filters

2010 60
Reset filters

Settings
Statistics
Citations
Start date: 2010 × End date: 2010 ×

Search Results

Now showing 1 - 10 of 60
  • Item
    Thumbnail Image
    The Legalisation of Economic Social and Cultural Rights
    Tobin, J (Victorian Equal Opportunity and Human Rights Commission, 2010)
  • Item
    Thumbnail Image
    Theoretical Disagreement and the Semantic Sting
    Smith, D (Oxford University Press (OUP), 2010)
    Scott Shapiro recently suggested that Ronald Dworkin's critique in Chapter 1 of Law's Empire represents the greatest threat currently facing legal positivism. Shapiro had in mind, not the semantic sting argument ('the SSA'), but rather what I call 'the argument from theoretical disagreement' (or 'the ATD'). I contend that Shapiro was right to focus on the ATD, but that even he underestimated just how serious a challenge it poses to positivism (and perhaps to other theories of law as well). The ATD, I argue, is an objection to any theory of law that denies that legal officials can engage in theoretical disagreement-that is, disagreement about the grounds of law. The SSA then seeks to explain why so many legal philosophers adopt such theories. I argue that the SSA is an implausible explanation of why many legal philosophers deny that theoretical disagreement exists, but that this does not undermine the ATD's contention that they are wrong to do so. Indeed, given the variety of forms that theoretical disagreement can take, Dworkin's positivist critics face a very significant challenge in seeking either to explain away the appearance of theoretical disagreement or to develop forms of positivism that can allow for such disagreement.
  • Item
  • Item
    Thumbnail Image
    Institute for a Broadband-Enabled Society Annual Report 2010
    Institute for a Broadband-Enabled Society, ; Institute for a Broadband-Enabled Society, (Institute for a Broadband-Enabled Society, 2010)
  • Item
    Thumbnail Image
    Understanding Dynamism and Flux in the Ideological Struggle for CSR
    Higgins, C ; Neville, B (Organising Committee for the International Association of Business and Society 2010 Conference, 2010)
  • Item
    Thumbnail Image
    Introduction: A Sustainable Future for Communal Lands, Resources and Communities
    Godden, L ; Tehan, M ; Godden, L ; Tehan, M (Routledge, 2010)
  • Item
    Thumbnail Image
    The Security Council’s alliance of gender legitimacy: The symbolic capital of Resolution 1325
    OTTO, D ; Charlesworth, H ; Coicaud, J (Cambridge University Press, 2010)
  • Item
    Thumbnail Image
    The Australian Social Inclusion Agenda: A New Approach to Social Policy?
    Long, E (WILEY, 2010-12)
    The Social Inclusion Agenda (‘SIA’) was introduced by the Australian Labor Party (‘ALP’) in the lead up to the 2007 federal election. The rhetoric was hopeful, proposing to reframe the government's approach to disadvantage. Rhetoric aside, what the then opposition meant when it talked of building social inclusion (‘SI’) was less clear than may have immediately met the eye. This paper offers an introductory analysis and review of the SIA. It first considers why Australia might benefit from a readjustment in its social policy direction, reflecting on the concepts of poverty and Amartya Sen's ‘capabilities approach‘. Second, it offers a critical overview of the main conceptions of SI/Social Exclusion. Third, it applies these first two parts of analysis to developments to date with the SIA. This part, whilst limited in scope and preliminary at best, offers some general comments as to the possibilities and pitfalls of the SIA and proposes the way forward from an analytical perspective in terms of guiding the SIA in a desirable direction.
  • Item
  • Item
    Thumbnail Image
    The Curious Case of the Australian Military Court
    Duxbury, A (Taylor & Francis Ltd, 2010)