Jonathan Crowe
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View article: Playing the Language Game of Family Mediation: Implications for Mediator Ethics
Playing the Language Game of Family Mediation: Implications for Mediator Ethics Open
Over the last 20 to 30 years, the use of mediation in Australia to resolve family disputes has grown significantly. Since the 2006 reforms to the Family Law Act 1975 (Cth), family dispute resolution, a common form of which is family mediat…
View article: Implementing Affirmative Consent in Sexual Offences
Implementing Affirmative Consent in Sexual Offences Open
Queensland’s existing laws governing sexual violence crimes are complex and outdated. Our Bill introduces vital reforms which better recognise the lived experience of victims of sexual violence and respond to changing attitudes towards app…
View article: Natural Law with and without God
Natural Law with and without God Open
There is a common perception of natural law theory as characteristically (if not necessarily) theistic. This is sometimes presented as a drawback by secular critics of natural law thinking. Natural law authors themselves differ on the role…
View article: Sovereignty under the Australian Constitution
Sovereignty under the Australian Constitution Open
Section 6 of the Australia Acts 1986 provides that, when a State law concerns the ‘constitution, powers and procedure’ of the State Parliament, it must abide by any relevant ‘manner and form’ requirements in previous legislation. This prov…
View article: Defining wellness in legal education: A reply to Kawamata
Defining wellness in legal education: A reply to Kawamata Open
This article responds to Oscar Kawamata’s thought-provoking criticisms of the conception of law student well-being that I previously advocated in this journal. Kawamata argues that my objective model of well-being is unrealistic and unhelp…
View article: 'It Makes No Difference What We Do'
'It Makes No Difference What We Do' Open
Opposition to collective action on climate change takes at least two forms. Some people deny that climate change is occurring or that it is due to human activity. Others maintain that, even if climate change is occurring, we have no …
View article: The Developing Concept of Sovereignty: Considerations for Defence Operations in Cyberspace and Outer Space
The Developing Concept of Sovereignty: Considerations for Defence Operations in Cyberspace and Outer Space Open
This Report provides important insights into an important topic, and I wish to start by congratulating the authoring team on their excellent work. The Report addresses the topic of sovereignty, and in doing so, it takes particular account …
View article: The imperative of constitutional enshrinement - Submission in response to Interim Voice Co-Design Report
The imperative of constitutional enshrinement - Submission in response to Interim Voice Co-Design Report Open
The submission is uploaded on the Indigenous Voice website under “Public Lawyers”
View article: Is Natural Law Timeless?
Is Natural Law Timeless? Open
Natural law theories hold that human action is oriented towards certain intrinsic goods and governed by practical principles accessible to us by virtue of our nature. These goods and principles make up the content of natural law. This essa…
View article: The myth of mediator neutrality
The myth of mediator neutrality Open
Chapter 5 draws out the tensions in the traditional model of mediation ethics by critically examining mediator neutrality and its role in the traditional ethical paradigm. It contends that the dominant conception of mediator ethics is both…
View article: Preface
Preface Open
This book has its origins in a collaboration that began when the authors first met in Adelaide in 2004.That initial meeting has proved very fruitful
View article: Introduction: the need for a new paradigm of mediation ethics
Introduction: the need for a new paradigm of mediation ethics Open
Chapter 1 outlines the aims and rationale for the book by explaining the need for a new ethical paradigm of mediation ethics. It contends that a traditional ethic of neutrality or impartiality is not only theoretically unsound, but also un…
View article: Survivors Speak: How the Criminal Justice System Responds to Sexual Violence
Survivors Speak: How the Criminal Justice System Responds to Sexual Violence Open
Studies show that one in five Australian women has been sexually assaulted in her lifetime. How well does our criminal justice system deal with this problem? Three prominent survivors of sexual violence—Nina Funnell, Bri Lee and Saxon Mull…
View article: The Mistake of Fact Excuse in Queensland Rape Law: Some Problems and Proposals for Reform
The Mistake of Fact Excuse in Queensland Rape Law: Some Problems and Proposals for Reform Open
This article considers the role of the excuse of mistake of fact in Queensland rape and sexual assault law. We argue that the excuse has undesirable and socially regressive consequences by allowing reference to factors such as the complain…
View article: The Mistake of Fact Excuse in Queensland Rape Law
The Mistake of Fact Excuse in Queensland Rape Law Open
This article considers the role of the excuse of mistake of fact in Queensland rape and sexual assault law. We argue that the excuse has undesirable and socially regressive consequences by allowing reference to factors such as the complain…
View article: Coercion and the Prima Facie Duty to Obey the Law
Coercion and the Prima Facie Duty to Obey the Law Open
This article examines the role of coercion in grounding a prima facie duty to obey the positive law. I argue that there is at least a weak prima facie duty to obey the positive law in a minimally effective and just legal system. The fact t…
View article: Consent law in Queensland
Consent law in Queensland Open
[Extract] Consent law in Queensland can be complicated. We actually have quite a comprehensive, progressive definition of consent, but the ‘mistake of fact’ defence undermines and contradicts that definition. It allows defendants to benefi…
View article: Legal Obligation and Social Norms
Legal Obligation and Social Norms Open
H L A Hart famously argues that legal obligation is best understood by analysing law as a species of social rule. This article engages with recent work in social psychology and norm theory to critically evaluate Hart’s theory. We draw on t…
View article: Is an Existentialist Ethics Possible
Is an Existentialist Ethics Possible Open
Philosophers continue to be sceptical about the possibility of constructing an existentialist ethical theory. This article explores two of the main reasons for this scepticism and draws on Jean-Paul Sartre's "Existentialism and Humanism" t…