Two judicial biographies

C. H. Currey: Sir Francis Forbes: The First Chief Justice of the Supreme Court of New South Wales, Angus and Robertson Sydney, 1968, pp. 586, $10.00.

C. H. Currey: The brothers bent: Judge‐Advocate Ellis Bent and Judge Jeffery Hart Bent. Sydney University Press, Sydney, 1968, pp. 176, $4.75     

Comparative policy agendas: a review essay

ABSTRACT

The two books that are investigated in this review essay consider new ways to explain policy processes by focusing on a spectrum of methodological approaches, theories, time periods and political systems. The first book examined investigates policy change in Australia and considers for the first time how relevant the Policy Agendas Project (PAP) is for the Australian political system. A recent contribution to the Comparative Agendas Project (CAP), the second book reviewed is a collection of comparative studies applying different methodologies and theories to analyse CAP datasets with the view to exploring how policy changes in a variety of political systems. Together these books showcase the best of PAP/CAP’s qualities to provide a common platform for cross-comparative policy change studies and standalone country-specific studies. These books are also an indispensable resource for Australian political scientists interested in the unique policy change dynamics in Australia.     

British judicial engagement and the juridification of the armed forces

Although the law has always been a major reference point in the conduct of war, little scholarly attention has focused on the transformative effect of recent legal challenges, judicial rulings and inquiries on the armed forces themselves, notably the 2011 Gage Inquiry into the death of Baha Mousa and the Philip Inquiry into the Mull of Kintyre helicopter disaster. Despite this, the impact has been significant in the ways it has transformed the governance regime of British armed forces and the professional autonomy of the military. This article conceptualizes the impact of law on the armed forces as ‘juridification’. In applying this concept, this article analyses the implications of this for the culture, conduct and organization of the British armed forces. It argues that juridification closes a civil–military relations gap between society on the one hand and the armed forces on the other. As important, juridification also brings with it permanent instability because of the inevitable conflicts that arise from the replacement of an old order based on authority, to a new military system based on rights. Thus the effects of juridification are not just a liminal moment—a transitory dislocation from established structures and the reversal of existing hierarchies—followed by the creation of a permanent new order. Rather, juridification has initiated an era of instability that is characterized by the absence of any permanent settlement of authority and rights in the governance of the armed forces. This has significant implications for the armed forces and their professional autonomy and the social, political and legal context in which armed forces have to operate.     

Proof and reproof: the judicial component of episcopal confrontation

Nicetius of Trier was one of the most temperamental bishops to have a place in the writings of Gregory of Tours. In the tradition of St Martin, Nicetius represented one extreme of the relationship between ecclesiastical and secular authority in sixth-century Gaul. He stands out as an example of conflict between those two spheres, in both contemporary and modern portraits. This article attempts to place Nicetius within a tradition of episcopal behaviour that undermines the element of conflict. By focusing on the judicial functions that Nicetius fulfilled in the context of penance and oath swearing, it argues that Nicetius was less an extreme example of spiritual audacity than he was an exceptional model for commonplace virtues of the ideal bishop. This article is, therefore, a case-study for a larger project.     

Proof and reproof: the judicial component of episcopal confrontation

Nicetius of Trier was one of the most temperamental bishops to have a place in the writings of Gregory of Tours. In the tradition of St Martin, Nicetius represented one extreme of the relationship between ecclesiastical and secular authority in sixth-century Gaul. He stands out as an example of conflict between those two spheres, in both contemporary and modern portraits. This article attempts to place Nicetius within a tradition of episcopal behaviour that undermines the element of conflict. By focusing on the judicial functions that Nicetius fulfilled in the context of penance and oath swearing, it argues that Nicetius was less an extreme example of spiritual audacity than he was an exceptional model for commonplace virtues of the ideal bishop. This article is, therefore, a case-study for a larger project.     

当代中国司法权的异化及其克服

在我国司法权是一种系统相对独立的国家权力,具有有别于其他国家权力的基本特性。这些基本特性主要包括：终结性、独立性、中立性、消极性、交涉性、个别性和专属性等。笔认为,在当代中国,司法权的本来内涵和某些特征在一定程度上遭遇扭曲,甚至被异化。为此,要保证中国社会主义法治化的实现,就必须采取各种措施来克服异化现象。     

从“无讼”到“好讼”:明清时期的法律观念及其司法实践

明清两代正处于一个社会的变迁时期。若以法律诉讼为视角,社会史层面确乎发生了巨大的转向,亦即从"乡土社会"逐渐向"好讼"社会转变。于是,"无讼"的理想与"好讼"的现实必然产生冲突。其冲突的结果,则使明清两代的学者与官员对"无讼"重新进行理性的思考,认定"无讼"并非是一种无为而治的理想世界,而是通过具体的"听讼"过程而达到司法公正。随之而来的则是"息讼"观念的流行,以及"息供"、"省词讼"一类司法实践行为的普遍化。     

Fama publica,infamy and defamation: judicial violence and social control of crimes against sexual morals in medieval Castile

Control of crimes such as the sin of lust was one way in which the elites at the head of Castilian town councils emphasised their good government. Among all the such crimes, sodomy was considered to be the most terrible, which brought major misfortunes to the population, and against which it was necessary to avenge. For those accused of this crime, or who actually committed it, it meant exclusion from society. For the urban Castilian elites this struggle was a way of justifying themselves as a governing group. Defence of society against sodomites is related to the political context and to the internal struggles of the urban elites. In the lawsuits analysed, there is clear repetition of a series of words related to individual reputation and social esteem: fama, honour, Buena fama, fama publica, infamia. These can be shown to be vital to the defence of the accused, and also frequently recur in the legislation itself. Rumour was also used as propaganda to shape public opinion and to discredit rivals in the struggle for urban power.     

清代陋规及其对基层司法和地方民情的影响——从徽州讼费帐单谈起

徽州讼费帐单真实地印证了清代基层司法中名目繁多的陋规.陋规的索取者主要是书吏和衙役,其存在及泛滥的原因比较复杂,给清代基层司法和地方民情造成了恶劣影响.清统治者借助于陋规以对百姓起诉权进行控制的理念是错误的,其意图不可能实现.     

Earth Sciences Comparative Matrix: A Comparative Method for Geoheritage Assessment

Geological heritage is insufficiently recognised in Australia; it should be considered in its own right, not as an addendum to other heritage values. The lack of a suitable robust and repeatable methodology has seriously constrained the assessment of geological sites suitable for the National Heritage List (NHL). A desktop assessment of Australian desert landscapes required intrinsic natural values of a diverse group of sites, spread over a vast area, to be assessed against NHL criteria. The Earth Sciences Comparative Matrix (ESCoM) was developed for this study. In the ESCoM, sites are grouped in process themes. Each is assessed against NHL criteria then compared with other similar places, according to degree of unusualness, integrity, and authenticity. A site scoring well across multiple themes has increased heritage significance. The overall values of a site are quantified, leading to a qualitative judgement on whether it achieves the threshold of outstanding heritage value. Examples of assessment using this method are given. In this methodology, significance determination is based on rigorous comparisons of specific values. It is semi‐quantitative, repeatable, and robust. It differs from other geoheritage assessment methods in its combination of process‐based groupings (facilitating the separation of site type from heritage criteria), matrix structure (minimising complexities of scale or diversity), and use of numerical rankings as an aid in decision‐making. While the study for which ESCoM was developed was focused on landforms, it can be used for other types of geoheritage (e.g. fossils, tectonic processes), with modification of matrix theme headings.     

Book review

Oriental Carpet and Textile Studies

vol. III, no. 2., ed. Robert Pinner and Walter B. Denny. Published by the Islamic Department of Sotheby’ s and OCTS, Ltd., London (n.d., 1990?). 262 pages, with 12 colour plates and many black and white illus. and diagrams; soft‐bound with colour cover.

Textile Conservation and Research

by Mechtilde Fleury‐Lemburg. Bern, Switzerland: Abegg Stiftung. 1988, 532 pp.

An Introduction to Kurdish Rugs and Other Weavings

William Eagleton. New York, Interlink Books. 1988. 144 pp., 124 full‐page color plates.

Kordi: Lives, Rugs, Flatweaves of the Kurds in Khorasan

Wilfried Stanzer, Vienna, Adil Besim. 1988. 220 pp., 78 full‐page color plates, 48 color figures in text.

Carpets in the Baluch Tradition

by Siawosch Azadi. English trans. by Maria Schlatter and Robert Pinner. Klinkhardt and Biermann, Munich, 1986.

Armenian Rugs: Fabric of a Culture. An Exhibition at the Balch Institute for Ethnic Studies

August 17‐October 29, 1988. Co‐sponsored by the Armenian Rug Society. Ed. Pamela B. Nelson. 40 pp; colour and black and white photographs, maps and “selected bibliography”. Philadelphia: Balch Institute for Ethnic Studies, 1988.

Women's Costume of the Near and Middle East

by Jennifer Scarce, London and Sydney: Unwin Hyman Publishers, 1987. pp. 192