Melbourne Law School - Research Publications
Permanent URI for this collection
Search Results
1 - 5 of 5
-
ItemNo Preview AvailableHow Might Digital Campaigning Affect the Problems of Political Finance?(International Institute for Democracy and Electoral Assistance, 2021)This lecture deals with the intersection between three sets of challenges, each of which constitutes an existential threat to democracies across the world. The first is linked to money in politics, which poses the danger not only of ‘policy capture’ but also, in worse-case scenarios, of state capture by monied interests. The principal question addressed by this lecture is poised at the meeting place between these sets of challenges: How might digital campaigning affect the problems of political finance? Also integrated into the analysis is a third set of challenges: those which arise from the Covid-19 pandemic. This lecture reflects on how the pandemic might shape the impact of digital campaigning on the problems of political finance. Follow the lecture for the conclusion and read also the paper for more details.
-
ItemDemocracy of Expression: Positive Free Speech and Law(Cambridge University Press, 2021-06)Free speech has positive dimensions of enablement and negative dimensions of non-restraint, both of which require protection for democracy to have substantial communicative legitimacy. In Democracy of Expression, Andrew Kenyon explores this need for sustained plural public speech linked with positive communicative freedom. Drawing on sources from media studies, human rights, political theory, free speech theory and case law, Kenyon shows how positive dimensions of free speech could be imagined and pursued. While recognising that democratic governments face challenges of public communication and free speech that cannot be easily solved, Kenyon argues that understanding the nature of these challenges (including the value of positive free speech) at least makes possible a democracy of expression in which society has a voice, formulates judgments, and makes effective claims of government. In this groundbreaking work, Kenyon not only reframes how we conceptualize free speech, but also provides a roadmap for reform.
-
ItemNo Preview AvailablePrinciples of Contract Law.(Thomson Reuters, 2020)Principles of Contract Law, 6th Edition remains Australia's premier text for students of contract law. The new edition has been significantly revised in light of recent developments.
-
ItemNo Preview AvailableMisleading Silence(Hart Publishing, 2020)This collection brings together a team of outstanding scholars from across the common law world to explore the treatment of misleading silence in private law doctrine and theory. Whereas previous studies have been contractual in focus, here the topic is explored from across the full spectrum of private law. Its approach encompasses equitable and common law principles, as well as taking an integrated approach to key statutory regimes. The highly original contributions draw on rich theoretical, historical, comparative, cross-disciplinary and doctrinal perspectives. This is truly a landmark publication in private law, with no counterpart in the common law world.
-
ItemInternational Law and the Social Question(Asser Press, 2020)While international law has played a central role in creating the conditions for market liberalization on a global scale, many international lawyers have paid less attention to the social question - that is, the question of who is able to participate in political decision-making about economic relations and property rights. The current moment of perceived backlash to international law and institutions offers an opportunity to think again about the ways of relating politics, economics, and the social that have been consolidated through international law and to do so by posing the issue as a question of representation. How might international economic law-making and adjudication be re-embedded within political processes? And how can foundational political questions about property, security, survival, and freedom be returned to democratic control?