Books
Browse or search ANU Press' range of books or find out more about the publications' authors and co-publishers. Download the book for free or buy a print-on-demand copy.
Displaying results 11 to 20 of 41.
Passage of Change »
Law, Society and Governance in the Pacific
Edited by: Anita Jowitt, Tess Newton
Publication date: November 2010
Numerous issues face Pacific states trying to find their way in the early 21st century. Countries are striving to secure the benefits of modernisation. Governance, law and order are needed to reach such a goal, but development cannot be at the price of culture or the environment. The question of how to develop and maintain sound legal systems and legal rules whilst maintaining the unique cultural heritages within the Pacific is a challenge with no easy answer. This interdisciplinary collection locates issues of law and governance within the particular socio-political context of the Pacific island region, presenting sociological, anthropological and political insights alongside jurisprudential analysis. Key issues including corruption, the role of customary law in modern legal systems, the place of human rights in the Pacific, environmental issues and the structure of the state are explored from a variety of perspectives.
A Bird That Flies With Two Wings »
Kastom and state justice systems in Vanuatu
Authored by: Miranda Forsyth
Publication date: September 2009
This book investigates the problems and possibilities of plural legal orders through an in-depth study of the relationship between the state and customary justice systems in Vanuatu. It argues that there is a need to move away from the current state-centric approach to law reform in the South Pacific region, and instead include all state and non-state legal orders in development strategies and dialogue. The book also presents a typology of models of engagement between state and non-state legal systems, and describes a process for analysing which of these models would be most advantageous for any country in the South Pacific region, and beyond.
Grassroots Law in Papua New Guinea »
Edited by: Melissa Demian
Publication date: December 2023
The introduction of village courts in Papua New Guinea in 1975 was an ambitious experiment in providing semi-formal legal access to the country’s overwhelmingly rural population. Nearly 50 years later, the enthusiastic adoption of these courts has had a number of ramifications, some of them unanticipated. Arguably, the village courts have developed and are working exactly as they were supposed to do, adapted by local communities to modes and styles consistent with their own dispute management sensibilities. But with little in the way of state oversight or support, most village courts have become, of necessity, nearly autonomous.
Village courts have also become the blueprint for other modes of dispute management. They overlap with other sources of authority, so the line between what does and does not constitute a ‘court’ is now indistinct in many parts of the country. Rather than casting this issue as a problem for legal development, the contributors to Grassroots Law in Papua New Guinea ask how, under conditions of state withdrawal, people seek to retain an understanding of law that holds out some promise of either keeping the attention of the state or reproducing the state’s authority.
Traversing the Divide »
Honouring Deborah Cass’s Contributions to Public and International Law
Edited by: Kim Rubenstein
Publication date: March 2021
‘While devoting fine attention to the stuff of everyday life, Deborah Cass was also a brilliant scholar. Although the deep sense of loss and sadness at Deborah’s death remains, it is wonderful to have her writings as a continuing source of inspiration and consolation. In them, we continue to hear Deborah’s firm, clear voice, her appreciation of language, her seriousness, her curiosity, her sensitivity and her wry humour.’
—Professor Hilary Charlesworth
This collection honours the work of Deborah Cass, 15 February 1960 – 4 June 2013, a brilliant Australian constitutional and international lawyer. Deborah studied at the University of Melbourne and Harvard Law School and taught at Melbourne Law School, The Australian National University and the London School of Economics. A member of The Australian National University’s Centre for International and Public Law from 1993 to 2000, Deborah’s work offered illuminating new perspectives in a range of fields, from the right to self-determination, critical international legal theory, and feminist legal theory to the international trade law system. The title of this edited collection draws on one of her articles, ‘Traversing the Divide: International Law and Australian Constitutional Law’ (1998) 20 Adelaide Law Review 73. This book evolves from a symposium held to draw together academics from around the globe to reflect on Deborah’s extensive scholarship and contributions to public law and international law, and to examine how her work is of value to current domestic and international law issues. The pieces selected for this volume both remind us of Deborah’s outstanding academic career and provide important insights on current public law and international law pressing issues.
Australian Native Title Anthropology »
Strategic practice, the law and the state
Authored by: Kingsley Palmer
Publication date: May 2018
The Australian Federal Native Title Act 1993 marked a revolution in the recognition of the rights of Australia’s Indigenous peoples. The legislation established a means whereby Indigenous Australians could make application to the Federal Court for the recognition of their rights to traditional country. The fiction that Australia was terra nullius (or ‘void country’), which had prevailed since European settlement, was overturned. The ensuing legal cases, mediated resolutions and agreements made within the terms of the Native Title Act quickly proved the importance of having sound, scholarly and well-researched anthropology conducted with claimants so that the fundamentals of the claims made could be properly established. In turn, this meant that those opposing the claims would also benefit from anthropological expertise.
This is a book about the practical aspects of anthropology that are relevant to the exercise of the discipline within the native title context. The engagement of anthropology with legal process, determined by federal legislation, raises significant practical as well as ethical issues that are explored in this book. It will be of interest to all involved in the native title process, including anthropologists and other researchers, lawyers and judges, as well as those who manage the claim process. It will also be relevant to all who seek to explore the role of anthropology in relation to Indigenous rights, legislation and the state.
The Rahui »
Legal pluralism in Polynesian traditional management of resources and territories
Edited by: Tamatoa Bambridge
Publication date: March 2016
This collection deals with an ancient institution in Eastern Polynesia called the rahui, a form of restricting access to resources and/or territories.
While tapu had been extensively discussed in the scientific literature on Oceanian anthropology, the rahui is quite absent from secondary modern literature. This situation is all the more problematic because individual actors, societies, and states in the Pacific are readapting such concepts to their current needs, such as environment regulation or cultural legitimacy. This book assembles a comprehensive collection of current works on the rahui from a legal pluralism perspective. This study as a whole underlines the new assertion of identity that has flowed from the cultural dimension of the rahui. Today, rahui have become a means for indigenous communities to be fully recognised on a political level. Some indigenous communities choose to restore the rahui in order to preserve political control of their territory or, in some cases, to get it back. For the state, better control of the rahui represents a way of asserting its legitimacy and its sovereignty, in the face of this reassertion by indigenous communities.
Name, Shame and Blame »
Criminalising Consensual Sex in Papua New Guinea
Authored by: Christine Stewart
Publication date: December 2014
Papua New Guinea is one of the many former British Commonwealth colonies which maintain the criminalisation of the sexual activities of two groups, despite the fact that the sex takes place between consenting adults in private: sellers of sex and males who have sex with males. The English common law system was imposed on the colonies with little regard for the social regulation and belief systems of the colonised, and in most instances, was retained and developed post-Independence, regardless of the infringements of human rights involved.
Now the HIV pandemic has thrown a spotlight, not altogether welcome, on the sexual activities of these two groups. In Papua New Guinea, a growing body of behavioural research has focused on such matters as individual sexual partnering, condom use and awareness of HIV. My work, however, has a different purpose. I chose the terms in the title to highlight a nexus which I believe exists between the criminal law and negative attitudes of society. At an international level, the argument has been put that decriminalising sex work and sodomy will facilitate HIV epidemic management, reducing the stigma and discrimination these groups encounter and making them easier to reach. I undertook my research therefore with the aim of gaining deeper understanding of the effects the current situation of criminalisation might have on the social lives of these criminalised people today, in the country generally and in Port Moresby the capital in particular, and whether these effects might provide evidence to support the argument for law reform.
This is a rich and well-researched study of the legal, social and moral issues surrounding the criminalisation of two forms of consensual sex…. A very impressive piece of work, it is extensively documented, relies on a wide range of material and makes a clear and coherent argument about the place of law in producing identities and exclusions…. The attention to change over time and the complexity of the ways in which sexual behaviour is enacted and punished is a particular strength of the book.
—Professor Sally Engle Merry, Anthropology, Law and Society, New York University
This book is an exceptional contribution to our knowledge of the nexus between the criminal law and negative attitudes of society, and what effects criminalization has on the social lives of prostitutes and males who have sex with males, and whether these effects might provide evidence to support the argument for law reform…. The author’s experience of Papua New Guinea allows her to comment in depth on such matters as the United Nations’ human rights approach to the HIV epidemic and their call to decriminalize all sexual acts between consenting adults…. She shows that criminal laws—with the help of the normative discourse of religion and media—underpin and legitimize high levels of stigma, discrimination and abuse of prostitutes and males who have sex with males…. The quality of the writing and general presentation are exceptional.
—Laura Zimmer-Tamakoshi, Truman State University (retired)
The Australian Constitution and National Identity »
Edited by: Anna Olijnyk, Alexander Reilly
Publication date: May 2023
What does Australia’s Constitution say about national identity? A conventional answer might be ‘not much’. Yet recent constitutional controversies raise issues about the recognition of First Peoples, the place of migrants and dual citizens, the right to free speech, the nature of our democracy, and our continuing connection to the British monarchy. These are constitutional questions, but they are also questions about who we are as a nation.
This edited collection brings together legal, historical, and political science scholarship. These diverse perspectives reveal a wealth of connections between the Australian Constitution and Australia’s national identity.
Rethinking Social Media and Extremism »
Edited by: Shirley Leitch, Paul Pickering
Publication date: June 2022
Terrorism, global pandemics, climate change, wars and all the major threats of our age have been targets of online extremism. The same social media occupying the heartland of our social world leaves us vulnerable to cybercrime, electoral fraud and the ‘fake news’ fuelling the rise of far-right violence and hate speech. In the face of widespread calls for action, governments struggle to reform legal and regulatory frameworks designed for an analogue age. And what of our rights as citizens? As politicians and lawyers run to catch up to the future as it disappears over the horizon, who guarantees our right to free speech, to free and fair elections, to play video games, to surf the Net, to believe ‘fake news’?
Rethinking Social Media and Extremism offers a broad range of perspectives on violent extremism online and how to stop it. As one major crisis follows another and a global pandemic accelerates our turn to digital technologies, attending to the issues raised in this book becomes ever more urgent.
Xinjiang Year Zero »
Publication date: January 2022
Since 2017, the Chinese authorities have detained hundreds of thousands of Uyghurs, Kazakhs and other Muslim minorities in ‘reeducation camps’ in China’s northwestern Xinjiang autonomous region. While the official reason for this mass detention was to prevent terrorism, the campaign has since become a wholesale attempt to remould the ways of life of these peoples—an experiment in social engineering aimed at erasing their cultures and traditions in order to transform them into ‘civilised’ citizens as construed by the Chinese state. Through a collection of essays penned by scholars who have conducted extensive research in the region, this volume sets itself three goals: first, to document the reality of the emerging surveillance state and coercive assimilation unfolding in Xinjiang in recent years and continuing today; second, to describe the workings and analyse the causes of these policies, highlighting how these developments insert themselves not only in domestic Chinese trends, but also in broader global dynamics; and, third, to propose action, to heed the progressive Left’s call since Marx to change the world and not just analyse it.
‘Xinjiang Year Zero provides an analysis of the processes of dispossession being experienced by Uyghurs and other indigenous peoples of China’s Uyghur region that is sorely needed today. Most politicians and their followers today, whether on the left or the right, view what is happening to the peoples of this region through a twentieth-century lens steeped in dichotomies that are obsolete in describing the nature of states today—those of capitalism vs socialism and democracy vs totalitarianism. The contributors to this volume explore what is happening in Xinjiang in the context of the twenty-first century’s racialised and populist-fuelled state power, global capitalist exploitation, and ubiquitous surveillance technology. At the same time, they invite the reader to reflect on how the processes of dispossession in the Uyghur region during the twenty-first century are repeating the colonial practices of the nineteenth and twentieth centuries that have shaped our current global system of inequality and oppression. The result offers an analysis of what is happening in Xinjiang that emphasises its interconnectedness to what is happening around us everywhere in the world. If you believe that the repression in this region is a fabrication to ‘manufacture consent’ for a cold war between the “West” and China, you need to read this book. Afterwards, you will understand that if you want to stop a return to the twentieth-century geopolitical conflicts embodied in the idea of a cold war, you must establish solidarity with the Indigenous peoples of China’s northwest and call for the end to the global processes fuelling their dispossession both inside China and outside.’
— Sean R. Roberts, Director of International Development Studies, The George Washington University’s Elliott School of International Affairs, and author of The War on the Uyghurs
‘Xinjiang Year Zero provides a highly readable and utterly necessary account of what is happening in Xinjiang and why. By showing how the mass detentions of Uyghurs and other Xinjiang Muslims are linked to both global capitalism and histories of settler colonialism, the edited book offers new ways of understanding the situation and thus working toward change. A must-read not only for those interested in contemporary China, but also for anyone who cares about digital surveillance and dispossession around the globe.’
— Emily T. Yeh, University of Colorado Boulder, author of Taming Tibet: Landscape Transformation and the Gift of Chinese Development
‘The crisis in Xinjiang has engendered its own crisis of interpretation and action at a time of growing geopolitical rivalry: how to condemn the atrocities without supporting hawkish voices, particularly among US politicians, who seek to Cold War-ise the US relationship with “Communist China”? How to critique China for colonialism, racism, assimilationism, extra-legal internment, and coerced labour when many Western nations are built on a history of those same things? Xinjiang Year Zero not only provides non-specialists a thorough, readable, up-to-date account of events in Xinjiang. This much-needed book also offers a broader framing of the crisis, drawing comparisons to settler colonialism elsewhere and revealing direct connections to global capitalism and to the rise of technological surveillance everywhere.’
— James A. Millward, Georgetown University, author of Eurasian Crossroads: A History of Xinjiang