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 31 to 40 of 41.
Country, Native Title and Ecology »
Edited by: Jessica K Weir
Publication date: March 2012
Country, native title and ecology all converge in this volume to describe the dynamic intercultural context of land and water management on Indigenous lands. Indigenous people’s relationships with country are discussed from various speaking positions, including identity and knowledge, the homelands debate, water planning, climate change and market environmentalism. The inter-disciplinary chapters range from an ethnographic description of living waters in the Great Sandy Desert, negotiating the eradication of yellow crazy ants in Arnhem Land, and legal analysis of native title rights in emerging carbon markets. A recurrent theme is the contentions over meaning, knowledge, and authority.
'Because this volume is scholarly, original and very timely it represents a key resource and reference work for land and sea managers; policy makers; scholars of the interface between post-native title responsibilities, NRM objectives and appropriate heritage protocols; and students based in the social sciences, natural sciences and humanities. It is rare for volumes to have this much cross-academy purchase and for this reason alone – it will have ongoing worth and value as a seminal collection.'
– Associate Professor Peter Veth, ANU College of Arts and Social Sciences, The Australian National University.
Security and Privacy »
Global Standards for Ethical Identity Management in Contemporary Liberal Democratic States
Authored by: John Kleinig, Peter Mameli, Seumas Miller, Douglas Salane, Adina Schwartz
Publication date: December 2011
This study is principally concerned with the ethical dimensions of identity management technology – electronic surveillance, the mining of personal data, and profiling – in the context of transnational crime and global terrorism. The ethical challenge at the heart of this study is to establish an acceptable and sustainable equilibrium between two central moral values in contemporary liberal democracies, namely, security and privacy. Both values are essential to individual liberty, but they come into conflict in times when civil order is threatened, as has been the case from late in the twentieth century, with the advent of global terrorism and trans-national crime.
We seek to articulate legally sustainable, politically possible, and technologically feasible, global ethical standards for identity management technology and policies in liberal democracies in the contemporary global security context. Although the standards in question are to be understood as global ethical standards potentially to be adopted not only by the United States, but also by the European Union, India, Australasia, and other contemporary liberal democratic states, we take as our primary focus the tensions that have arisen between the United States and the European Union.
Law's Anthropology »
From ethnography to expert testimony in native title
Authored by: Paul Burke
Publication date: November 2011
Anthropologists have been appearing as key expert witnesses in native title claims for over 20 years. Until now, however, there has been no theoretically-informed, detailed investigation of how the expert testimony of anthropologists is formed and how it is received by judges. This book examines the structure and habitus of both the field of anthropology and the juridical field and how they have interacted in four cases, including the original hearing in the Mabo case. The analysis of background material has been supplemented by interviews with the key protagonists in each case. This allows the reader a unique, insider’s perspective of the courtroom drama that unfolds in each case. The book asks, given the available ethnographic research, how will the anthropologist reconstruct it in a way that is relevant to the legal doctrine of native title when that doctrine gives a wide leeway for interpretation on the critical questions: what is the relevant grouping, what can be counted as a traditional law and when has there been too much change of tradition? How will such evidence be received by judges who are becoming increasingly sceptical about experts tailoring their evidence to suit the party which called them? This book answers these questions by assuming that there is more at stake here than the mere performance of roles. Rather, there is a complex interaction of distinct social fields each with its own habitus, and individual actors are engaged in an active and constructive agency, however subtle, which the painstaking research for this book uncovers.
Working Together in Vanuatu »
Research Histories, Collaborations, Projects and Reflections
Edited by: John Taylor, Nick Thieberger
Publication date: October 2011
This collection is derived from a conference held at the Vanuatu National Museum and Cultural Centre (VCC) that brought together a large gathering of foreign and indigenous researchers to discuss diverse perspectives relating to the unique program of social, political and historical research and management that has been fostered in that island nation. While not diminishing the importance of individual or sole-authored methodologies, project-centered collaborative approaches have today become a defining characteristic of Vanuatu’s unique research environment. As this volume attests, this environment has included a dynamically wide range of both ni-Vanuatu and foreign researchers and related research perspectives, most centrally including archaeologists and anthropologists, linguists, historians, legal studies scholars and development practitioners. This emphasis on collaboration has emerged from an ongoing awareness across Vanuatu’s research community of the need for trained researchers to engage directly with pressing social and ethical concerns, and out of the proven fact that it is not just from the outcomes of research that communities or individuals may be empowered, but also through their modes and processes of implementation, as through the ongoing strength and value of the relationships they produce. With this in mind, the papers presented here go beyond the mere celebration of collaboration by demonstrating Vanuatu’s specific environment of cross-cultural research as a diffuse set of historically emergent methodological approaches, and by showing how these work in actual practice.
Sex Discrimination in Uncertain Times »
Edited by: Margaret Thornton
Publication date: September 2010
This collection of essays arose from a conference held to mark the silver anniversary of the Australian Sex Discrimination Act (1984). The collection has two aims: first; to honour the contributions of both the spirited individuals who valiantly fought for the enactment of the legislation against the odds, and those who championed the new law once it was passed; secondly, to present a stock-take of the Act within the changed socio-political environment of the 21st century.
The contributors present clear-eyed appraisals of the legislation, in addition to considering new forms of legal regulation, such as Equality Act, and the significance of a Human Rights Act. The introduction of a proactive model, which would impose positive duties on organisations, is explored as an alternative to the existing individual complaint-based model of legislation. The contributors also pay attention to the international human rights framework, particularly the Convention on the Elimination of all Forms of Discrimination against Women and the UN Declaration on the Rights of Indigenous People. The essays are illuminated by recourse to a rich vein of historical and contemporary literature. Regard is also paid to the comparative experience of other jurisdictions, particularly the UK and Canada.
The Future of Audit »
Keeping Capital Markets Efficient
Publication date: August 2010
At a time when increased independence requirements for auditors, legal backing for auditing standards, and increased audit documentation requirements have occurred, this book examines key issues in the market for audit services in Australia. It investigates issues including: the understandability of audit and the state of the audit expectations gap; auditors’ business acumen and industry expertise; the auditors’ use of materiality; whether or not the increasingly prescriptive nature of auditing is creating a distraction from the ‘real’ audit task and stifling auditors’ judgement; whether or not CLERP 9 reforms involving audit partner rotation and restrictions on non-audit service provision are efficient and effective and reactions to the increasing scrutiny of auditors and audit firms by regulators. With its thorough coverage of contemporary issues, this book intersperses the authors’ summaries, interpretations and recommendations with the perceptions, expressed in their own words in order to faithfully convey their candid assessments, of users of audit reports, purchasers and suppliers of the audit product, auditing standard setters and regulators of the audit market.
Fresh Perspectives on the "War on Terror" »
Edited by: Miriam Gani, Penelope Mathew
Publication date: July 2008
On 20 September 2001, in an address to a Joint Session of Congress and the American people, President George W Bush declared a ‘war on terror’. The concept of the ‘war on terror’ has proven to be both an attractive and a potent rhetorical device. It has been adopted and elaborated upon by political leaders around the world, particularly in the context of military action in Afghanistan and Iraq. But use of the rhetoric has not been confined to the military context. The ‘war on terror’ is a domestic one, also, and the phrase has been used to account for broad criminal legislation, sweeping agency powers and potential human rights abuses throughout much of the world.
This collection seeks both to draw on and to engage critically with the metaphor of war in the context of terrorism. It brings together a group of experts from Australia, Canada, the United Kingdom, France and Germany who write about terrorism from a variety of disciplinary perspectives including international law and international relations, public and constitutional law, criminal law and criminology, legal theory, and psychology and law.
Customary Land Tenure & Registration in Australia and Papua New Guinea »
Anthropological Perspectives
Edited by: James Weiner, Katie Glaskin
Publication date: June 2007
The main theme of this volume is a discussion of the ways in which legal mechanisms, such as the Land Groups Incorporation Act (1974) in PNG, and the Native Title Act (1993) in Australia, do not, as they purport, serve merely to identify and register already-existing customary indigenous landowning groups in these countries. Because the legislation is an integral part of the way in which indigenous people are defined and managed in relation to the State, it serves to elicit particular responses in landowner organisation and self-identification on the part of indigenous people. These pieces of legislation actively contour the progressive evolution of landowner social, territorial and political organisation at all levels in these nation states. The contributors to this volume provide in-depth anthropological case studies of social structural and cultural transformations engendered by the confrontation between states, developers and indigenous communities over rights to customarily owned land.
What Good Condition? »
Reflections on an Australian Aboriginal Treaty 1986–2006
Edited by: Peter Read, Gary Meyers, Bob Reece
Publication date: December 2006
What Good Condition? collects edited papers, initially delivered at the Treaty Advancing Reconciliation conference, on the proposal for a treaty between Aboriginal and non-Aboriginal Australians, a proposal which has been discussed and dissected for nearly 30 years.
Featuring contributions from prominent Aboriginal community leaders, legal experts and academics, this capacious work provides an overview of the context and legacy of the residue of treaty proposals and negotiations in past decades; a consideration of the implications of treaty in an Indigenous, national and international context; and, finally, some reflections on regional aspirations and achievements.
For more information on Aboriginal History Inc. please visit aboriginalhistory.org.au.
Rule of Law, Legitimate Governance & Development in the Pacific »
Authored by: Iutisone Salevao
Publication date: December 2005
The notion that the rule of law embodies or guarantees all the essential requirements for a perfectly just society is extravagant and naïve. Nonetheless, the rule of law remains an essential human virtue whose usefulness the world has yet to outgrow. Using the rule of law as a mobilising theme, this book recasts Western theories of law, good governance and development in a Pacific perspective. While Iutisone Salevao works primarily within a legal analytical framework, he employs a multifaceted approach to address the challenge of making Western theories relevant to the concrete and normative contexts of the Pacific peoples, and to accommodate Pacific values, ideologies, structures and practices within the modern discourse on law.