Singapore Management University School of Law 2020
This book is a collection of essays from scholars at Singapore Management University School of La... more This book is a collection of essays from scholars at Singapore Management University School of Law analysing the challenges and implications of COVID-19 from the perspective of different areas of law, including private law, corporate law, insolvency law, data protection, financial laws, public law, privacy law, commercial law, constitutional law, law and technology, and dispute resolution. It also analyses how the COVID-19 pandemic will affect the judicial system, the study of law, and the future of the legal profession. Beyond considerations of the pandemic’s influence on law and legal service delivery the authors consider how law can help facilitate the orderly transition to a sustainable future – the new normal.
The term 'paradigm' is borrowed from Thomas Kuhn's seminal work The Structure of Scientific Revol... more The term 'paradigm' is borrowed from Thomas Kuhn's seminal work The Structure of Scientific Revolutions and is used here to describe any set of substantive assumptions and procedures which unite a group of explanations in a common tradition. 2. See the account of Lombroso's theory given by
legal problems. The emphasis in legal education should be on producing graduates who can question... more legal problems. The emphasis in legal education should be on producing graduates who can question and challenge, and who can also apply their legal skills to the increasingly varied environments in which the law is developing. Knowledge of law and thinking about law should be combined into an integrated teaching of the law. An evaluation of existing law should be part of this process. While knowledge of rules and legal reasoning is an element in these goals, they contain far more emphasis on diffuse skills such as sensitivity, perception, adaptability, creativity and responsibility, learning to see law in a broad context, and learning to think independently and analytically. The Introduction to the Faculty Handbook also adds that the degree program aims to develop communication skills through "written assignments, mooting, tutorials, seminars and class participation assessment". 3 The Curriculum Review Report to Faculty in 1995 argued that: It makes no sense to employ teaching methods and assessment methods that contradictto teach research skills through lectures alone and then assess by closed-book examination. 4 How many hours per week do you spend, or plan to spend this semester, in paid employment? What form of employment do you think you will seek when you Anker et al.: Evaluating a Change to Seminar-style Teaching
By any measure, Papua New Guinea has a serious crime problem. Human Rights Watch recently describ... more By any measure, Papua New Guinea has a serious crime problem. Human Rights Watch recently described PNG as 'one of the more dangerous countries in the world not at war'. 2 Up until the administration of several comprehensive community crime surveys, 3 data on crime in PNG are highly unreliable. What data exist indicate that violent crime is high and is proportionately greater than in many of Papua New Guinea's Pacific neighbours. 4 Despite the bleak picture for community safety in PNG, a 2004 household survey of crime in Port Moresby found that most residents believed that crime, while high, had stayed the same or decreased in the last year. 5 In addition, while vulnerable communities in the capital city expressed an alarming distrust in state police personnel and services, a large majority of those surveyed looked forward to more police protection if the quality and integrity of community policing could be raised.
This article ties together the Wood Report dealing with the three Ananda Marga members convicted ... more This article ties together the Wood Report dealing with the three Ananda Marga members convicted for conspiring to murder Robert Cameron, leader of the National Front in 1978 with the operation of the State Special Branches and ASIO.
The influence of introduced legality on prevailing culture, and vice versa, are common concerns f... more The influence of introduced legality on prevailing culture, and vice versa, are common concerns for analysis when considering the existence and development of customary law. Much of the limited writing on law and custom prefers to speculate on the impact of introduced law on already present modes of regulation. While recognising these structuralist contexts of influence, often oversimplified as they are represented, this paper prefers to explore the adaptation of legal formalism in contexts of resilient and resonant custom. Further, the paper examines instances where despite the fact that custom has modified institutional legality, the latter claims predominance over culture or even denies its existence and legitimacy in certain situations of sanction. The imposition of penalty is a prime context within which this transaction of influence takes place. Less obvious is the paper’s interest in the place of penalty as bridge between profoundly different contexts of sanction. Irrespectiv...
The legislative provisions which make it an offence to procure a miscarriage unlawfully or assist... more The legislative provisions which make it an offence to procure a miscarriage unlawfully or assist in the unlawful procurement are to be found in sections 58 and 59 of the Offences Against the Person Act 1861 (1). Section 59 states that: "Whosoever shall unlawfully supply or procure any poison or other noxious thing, or any instrument or thing whatsoever, knowing that the same is intended to be unlawfully used or employed with intent to procure the miscarriage of any woman, whether she be or be not, with child, shall be guilty [of an offence] and being convicted thereof shall be liable ... [to imprisonment for a term not exceeding five years.]" As recently as 1979, the Oireachtas reaffirmed its acceptance of the 1861 provisions as encapsulating the law on abortion in the Republic. The Health (Family Planning) Act 1979 made this clear (2): "Nothing in this Act shall be construed as authorising a) the procuring of an abortion b) the doing of any other thing the doing of which is prohibited by section 58 or 59 of the Offences Against the Person Act 1861." That Act also amended the sections of the Censorship of Publications Act 1929 regulating the publication, display, distribution and sale of written material "which might reasonably be supposed to advocate the procurement of abortion or miscarriage" (3), so as to continue the censorship ban on pro-abortion literature. The Act of 1929 defined printed matter which referred to ".. . drugs, medicines, appliances, treatments or methods for procuring abortion or miscarriage" as being of an "indecent or obscene character" (4). The amendments made by the Health (Family Planning) Act merely did away with any reference in the earlier Act to the prevention ("or unnatural prevention") of conception, thus retaining the bulk of the original sections in force and transferring the control of contraception to the 1979 Act. The Censorship of Publications Act 1946 conferred powers on the Censorship Board to prohibit the sale and distribution of books and
Building trust between humans and robots involves more than improving the technical reliability o... more Building trust between humans and robots involves more than improving the technical reliability or safety of the machine. Without a proper way to address and resolve the deep-seated human fear of being replaced by robots in situations of essential human engagements, the machine will continue to take the blame. This paper proposes an alternative approach to trust-building, where practitioners, policymakers, and regulators work together to engage members of the community in deciding how increasingly smart robots should be designed and used to improve their communal living. Keywords-social robots; acceptability and trust; design and human factors; emotional robotics; ethics and philosophy.
The new globalisation-modernity to risk societies 1 Introduction 1 Imagining globalisation 4 Glob... more The new globalisation-modernity to risk societies 1 Introduction 1 Imagining globalisation 4 Globalisation dynamics 6 Terror triggers 7 War discourse and citizenship 9 Achieving the international through new globalisation 10 The hegemonic project 11 Neo-liberalism 14 New globalisation and domestic states 16 Globalising crime concerns 20 Globalisation and world systems theory 21 The myth of a borderless world? 24 Globalisation or Westernisation? 25 Individuals and communities 26 Unbundling the relationship between sovereignty, territoriality and political power 27 Globalised values and governance? 29 New globalisation? 33 Conclusion 37 Governing through Globalised Crime Risk from risk 42 Prediction 44 The conditionality and contextualisation of risk 46 The risk of terror 47 Risk management through criminal justice 49 The crime/globalisation nexus 51 Conclusion 53 3 A review of global crime problems-studies of crime as global risk 55 Introduction 55 Imagining risk 56 Governance under challenge 57 Corruption-weak states or good business? 59 Corruption/modernisation nexus 62 Enterprise theory and a market model for corruption regulation 63 Common characteristics of organised crime 67 Organised crime as the banker for terrorism 71 Organised crime as terrorism 73 Representations of organised crime threat 74 Terrorism and the challenge to the state 77 Globalisation and terrorism 78 The local and the global-terrorism as an organised crime threat: the Australian context 79 Conventional representations of organised crimelessons for the interpretation of terrorism 80 Social situations of organised crime/terrorismdomestic and beyond 81 Conclusion 84
Purpose Polanyi in his analysis of market dis-embedding suggests a drift in economic relations fr... more Purpose Polanyi in his analysis of market dis-embedding suggests a drift in economic relations from the social to the fictitious. The purpose of this paper is to add two crucial components to the dis-embedding dynamic: rule of law discourse as a market force away from the social, and through suspension of imagination and of disbelief, the incongruous compatibility of actual and fictional markets that further works against embedding. Design/methodology/approach Theory building through the application and testing of the Polanyian market dis-embedding analysis is a central concern for the paper. Through the example of foreign direct investment (FDI) and the manner in which the rule of law discourse masks neo-liberal development inequities, the paper offers an understanding of the forces behind market dis-embedding North to South Worlds and the manner in which through the collusion of legal orientalist, the true impact of the development inequities are concealed. Findings The empirical ...
Preface and Acknowledgements x Acronyms xiv 1 Hierarchy and Governance: Of Shadows or Equivalence... more Preface and Acknowledgements x Acronyms xiv 1 Hierarchy and Governance: Of Shadows or Equivalence? Introduction-Realistic reflections on the global state Is law beyond, not without, the state? Governance from afar Shadow of hierarchy Incentive structures Social citizenship-Pathway to flatter regulation The ubiquity of regulation Sociability-New non-state relations Regulation's reality Analysing regulation Binding themes Understanding the dynamics of sociability Holes in the argument Chapter structure 2 Comparative Theories of Regulation-North vs South Worlds Introduction-Why theorise regulation? .-To theory or not to theory? 31 Defining regulation as a theoretical project 31 Purpose of theories 32 Content of theories The place of law in regulatory theorising Competition and the public/private interest divide Place of values » Place of the market Public interest-Private preferencing Place of process 42 Regulating rights 42 The sharp to flat regulatory continuum ' 43 Self-regulation 45 Reflexive regulation vi Contents Tripartism Conclusion-Need for regulatory and social theory to engage; regulation as agent of change Regulatory Instruments, Strategies and Techniques-Sticks and Carrots Introduction Regulation is in the eye of the beholder Making policy choices Place of the state as a context for regulatory challenge and within which regulatory responses are selected The regulatory state The place of law-Law's failing? Introducing judicial review Specific regulatory techniques-Flat to sharp Conclusion
Singapore Management University School of Law 2020
This book is a collection of essays from scholars at Singapore Management University School of La... more This book is a collection of essays from scholars at Singapore Management University School of Law analysing the challenges and implications of COVID-19 from the perspective of different areas of law, including private law, corporate law, insolvency law, data protection, financial laws, public law, privacy law, commercial law, constitutional law, law and technology, and dispute resolution. It also analyses how the COVID-19 pandemic will affect the judicial system, the study of law, and the future of the legal profession. Beyond considerations of the pandemic’s influence on law and legal service delivery the authors consider how law can help facilitate the orderly transition to a sustainable future – the new normal.
The term 'paradigm' is borrowed from Thomas Kuhn's seminal work The Structure of Scientific Revol... more The term 'paradigm' is borrowed from Thomas Kuhn's seminal work The Structure of Scientific Revolutions and is used here to describe any set of substantive assumptions and procedures which unite a group of explanations in a common tradition. 2. See the account of Lombroso's theory given by
legal problems. The emphasis in legal education should be on producing graduates who can question... more legal problems. The emphasis in legal education should be on producing graduates who can question and challenge, and who can also apply their legal skills to the increasingly varied environments in which the law is developing. Knowledge of law and thinking about law should be combined into an integrated teaching of the law. An evaluation of existing law should be part of this process. While knowledge of rules and legal reasoning is an element in these goals, they contain far more emphasis on diffuse skills such as sensitivity, perception, adaptability, creativity and responsibility, learning to see law in a broad context, and learning to think independently and analytically. The Introduction to the Faculty Handbook also adds that the degree program aims to develop communication skills through "written assignments, mooting, tutorials, seminars and class participation assessment". 3 The Curriculum Review Report to Faculty in 1995 argued that: It makes no sense to employ teaching methods and assessment methods that contradictto teach research skills through lectures alone and then assess by closed-book examination. 4 How many hours per week do you spend, or plan to spend this semester, in paid employment? What form of employment do you think you will seek when you Anker et al.: Evaluating a Change to Seminar-style Teaching
By any measure, Papua New Guinea has a serious crime problem. Human Rights Watch recently describ... more By any measure, Papua New Guinea has a serious crime problem. Human Rights Watch recently described PNG as 'one of the more dangerous countries in the world not at war'. 2 Up until the administration of several comprehensive community crime surveys, 3 data on crime in PNG are highly unreliable. What data exist indicate that violent crime is high and is proportionately greater than in many of Papua New Guinea's Pacific neighbours. 4 Despite the bleak picture for community safety in PNG, a 2004 household survey of crime in Port Moresby found that most residents believed that crime, while high, had stayed the same or decreased in the last year. 5 In addition, while vulnerable communities in the capital city expressed an alarming distrust in state police personnel and services, a large majority of those surveyed looked forward to more police protection if the quality and integrity of community policing could be raised.
This article ties together the Wood Report dealing with the three Ananda Marga members convicted ... more This article ties together the Wood Report dealing with the three Ananda Marga members convicted for conspiring to murder Robert Cameron, leader of the National Front in 1978 with the operation of the State Special Branches and ASIO.
The influence of introduced legality on prevailing culture, and vice versa, are common concerns f... more The influence of introduced legality on prevailing culture, and vice versa, are common concerns for analysis when considering the existence and development of customary law. Much of the limited writing on law and custom prefers to speculate on the impact of introduced law on already present modes of regulation. While recognising these structuralist contexts of influence, often oversimplified as they are represented, this paper prefers to explore the adaptation of legal formalism in contexts of resilient and resonant custom. Further, the paper examines instances where despite the fact that custom has modified institutional legality, the latter claims predominance over culture or even denies its existence and legitimacy in certain situations of sanction. The imposition of penalty is a prime context within which this transaction of influence takes place. Less obvious is the paper’s interest in the place of penalty as bridge between profoundly different contexts of sanction. Irrespectiv...
The legislative provisions which make it an offence to procure a miscarriage unlawfully or assist... more The legislative provisions which make it an offence to procure a miscarriage unlawfully or assist in the unlawful procurement are to be found in sections 58 and 59 of the Offences Against the Person Act 1861 (1). Section 59 states that: "Whosoever shall unlawfully supply or procure any poison or other noxious thing, or any instrument or thing whatsoever, knowing that the same is intended to be unlawfully used or employed with intent to procure the miscarriage of any woman, whether she be or be not, with child, shall be guilty [of an offence] and being convicted thereof shall be liable ... [to imprisonment for a term not exceeding five years.]" As recently as 1979, the Oireachtas reaffirmed its acceptance of the 1861 provisions as encapsulating the law on abortion in the Republic. The Health (Family Planning) Act 1979 made this clear (2): "Nothing in this Act shall be construed as authorising a) the procuring of an abortion b) the doing of any other thing the doing of which is prohibited by section 58 or 59 of the Offences Against the Person Act 1861." That Act also amended the sections of the Censorship of Publications Act 1929 regulating the publication, display, distribution and sale of written material "which might reasonably be supposed to advocate the procurement of abortion or miscarriage" (3), so as to continue the censorship ban on pro-abortion literature. The Act of 1929 defined printed matter which referred to ".. . drugs, medicines, appliances, treatments or methods for procuring abortion or miscarriage" as being of an "indecent or obscene character" (4). The amendments made by the Health (Family Planning) Act merely did away with any reference in the earlier Act to the prevention ("or unnatural prevention") of conception, thus retaining the bulk of the original sections in force and transferring the control of contraception to the 1979 Act. The Censorship of Publications Act 1946 conferred powers on the Censorship Board to prohibit the sale and distribution of books and
Building trust between humans and robots involves more than improving the technical reliability o... more Building trust between humans and robots involves more than improving the technical reliability or safety of the machine. Without a proper way to address and resolve the deep-seated human fear of being replaced by robots in situations of essential human engagements, the machine will continue to take the blame. This paper proposes an alternative approach to trust-building, where practitioners, policymakers, and regulators work together to engage members of the community in deciding how increasingly smart robots should be designed and used to improve their communal living. Keywords-social robots; acceptability and trust; design and human factors; emotional robotics; ethics and philosophy.
The new globalisation-modernity to risk societies 1 Introduction 1 Imagining globalisation 4 Glob... more The new globalisation-modernity to risk societies 1 Introduction 1 Imagining globalisation 4 Globalisation dynamics 6 Terror triggers 7 War discourse and citizenship 9 Achieving the international through new globalisation 10 The hegemonic project 11 Neo-liberalism 14 New globalisation and domestic states 16 Globalising crime concerns 20 Globalisation and world systems theory 21 The myth of a borderless world? 24 Globalisation or Westernisation? 25 Individuals and communities 26 Unbundling the relationship between sovereignty, territoriality and political power 27 Globalised values and governance? 29 New globalisation? 33 Conclusion 37 Governing through Globalised Crime Risk from risk 42 Prediction 44 The conditionality and contextualisation of risk 46 The risk of terror 47 Risk management through criminal justice 49 The crime/globalisation nexus 51 Conclusion 53 3 A review of global crime problems-studies of crime as global risk 55 Introduction 55 Imagining risk 56 Governance under challenge 57 Corruption-weak states or good business? 59 Corruption/modernisation nexus 62 Enterprise theory and a market model for corruption regulation 63 Common characteristics of organised crime 67 Organised crime as the banker for terrorism 71 Organised crime as terrorism 73 Representations of organised crime threat 74 Terrorism and the challenge to the state 77 Globalisation and terrorism 78 The local and the global-terrorism as an organised crime threat: the Australian context 79 Conventional representations of organised crimelessons for the interpretation of terrorism 80 Social situations of organised crime/terrorismdomestic and beyond 81 Conclusion 84
Purpose Polanyi in his analysis of market dis-embedding suggests a drift in economic relations fr... more Purpose Polanyi in his analysis of market dis-embedding suggests a drift in economic relations from the social to the fictitious. The purpose of this paper is to add two crucial components to the dis-embedding dynamic: rule of law discourse as a market force away from the social, and through suspension of imagination and of disbelief, the incongruous compatibility of actual and fictional markets that further works against embedding. Design/methodology/approach Theory building through the application and testing of the Polanyian market dis-embedding analysis is a central concern for the paper. Through the example of foreign direct investment (FDI) and the manner in which the rule of law discourse masks neo-liberal development inequities, the paper offers an understanding of the forces behind market dis-embedding North to South Worlds and the manner in which through the collusion of legal orientalist, the true impact of the development inequities are concealed. Findings The empirical ...
Preface and Acknowledgements x Acronyms xiv 1 Hierarchy and Governance: Of Shadows or Equivalence... more Preface and Acknowledgements x Acronyms xiv 1 Hierarchy and Governance: Of Shadows or Equivalence? Introduction-Realistic reflections on the global state Is law beyond, not without, the state? Governance from afar Shadow of hierarchy Incentive structures Social citizenship-Pathway to flatter regulation The ubiquity of regulation Sociability-New non-state relations Regulation's reality Analysing regulation Binding themes Understanding the dynamics of sociability Holes in the argument Chapter structure 2 Comparative Theories of Regulation-North vs South Worlds Introduction-Why theorise regulation? .-To theory or not to theory? 31 Defining regulation as a theoretical project 31 Purpose of theories 32 Content of theories The place of law in regulatory theorising Competition and the public/private interest divide Place of values » Place of the market Public interest-Private preferencing Place of process 42 Regulating rights 42 The sharp to flat regulatory continuum ' 43 Self-regulation 45 Reflexive regulation vi Contents Tripartism Conclusion-Need for regulatory and social theory to engage; regulation as agent of change Regulatory Instruments, Strategies and Techniques-Sticks and Carrots Introduction Regulation is in the eye of the beholder Making policy choices Place of the state as a context for regulatory challenge and within which regulatory responses are selected The regulatory state The place of law-Law's failing? Introducing judicial review Specific regulatory techniques-Flat to sharp Conclusion
The influence of a human rights paradigm over the recent development of local and regional crimin... more The influence of a human rights paradigm over the recent development of local and regional criminal justice concerns throughout Europe is indisputable. Essential to this is the commitment that crucial lay parties within the justice process (such as the accused and the victims) should have adequate access to common procedural protections of criminal justice. This paper takes this trend and measures its influence on the development of international criminal justice, the trial in particular. At the very least we argue that parallel concerns about fair trial in the international procedural context will endorse the importance of a fair trial paradigm down to domestic trial levels. As part of this analysis, the essential connection between access to justice and fairness, in the context of international criminal trials, 2 is critiqued. The recent internationalisation of criminal procedure 3 is a revealing context within which to view the relationship between access to justice and
Uploads
Books by Mark Findlay
Papers by Mark Findlay