“Such is Life”: Euthanasia and capital punishment in Australia: consistency or contradiction?

Lawful euthanasia involves State endorsed termination of human life. Apart from a period of less than 9 months, in the Northern Territory, euthanasia has been illegal in Australia. Many of Australia’s parliaments have regularly considered introducing the practice and they continue to do so. In this context, this paper considers another type of State endorsed termination of human life: capital punishment. These took place in Australia from 1788 to 1967. The practice was abolished nationwide by 1985 and the Commonwealth passed laws, in 2010, to prevent its reintroduction. This paper does not consider all of the arguments for or against euthanasia or capital punishment and nor does it argue that the two practices are identical. Instead, it argues that introducing euthanasia without careful consideration of the arguments and experiences of capital punishment would risk repetition of past mistakes. The paper considers whether introducing euthanasia would be inconsistent with arguments accepted as grounds for the abolition of capital punishment. It focuses, on the irrevocable argument. This is the argument that death is irrevocable and that the risk of an innocent person being executed should never be taken. The paper argues that, any criteria which might be adopted by the State as sufficient to justify euthanasia, would run the risk of people outside that criteria being euthanised. The paper argues that capital punishment and euthanasia each pose disproportionate risks to minority and vulnerable groups. The paper also argues that, the evidence of pain and suffering endured by the condemned in their execution require careful consideration in relation to arguments for euthanasia as a means to a quick and pain free “good death.” It considers the evidence that demonstrates that, like execution, euthanasia in practice can be slow and painful. The paper then argues that requiring health professional to administer lethal injections in acts of euthanasia would be inconsistent with the approach taken in Australia and the United States to the identification of those willing to administer the death penalty. The paper concludes that many of the key arguments which resulted in the abolition of the death penalty in Australia support the continued prohibition of euthanasia in Australia and ought to be addressed by proponents of change but its primary aim is to encourage further examination of the extent to which learnings relevant to the current euthanasia debate can be gained by examining the arguments and experience of capital punishment

A great nation? The changing place of religion in law and society in colonial and contemporary Australia: Reflections on Douglas Murray in an Australian context

This paper discusses the role of Christian theology in Australian law and society in the period after the arrival of the First Fleet and in contemporary Australia. It argues that Christian theology was foundational to the Australian colonies. Whilst the theology of Australia’s Christians has always been divided doctrinally, a shared knowledge and understanding of Christianity provided the vast majority of colonists with a common understanding of the world and a common language of discourse about it. This understanding was not shared by the indigenous peoples who had their own cultures, traditions, and understandings of the world and their own languages and laws. Whilst a belief in the sacred was a common characteristic of the belief systems of the old and new inhabitants of the continent, each had different ways of understanding the world, the sacred, and the land. This incongruity, combined with a general lack of willingness or interest of the new arrivals to understand or recognise the value of the cultures, traditions, and understandings of the original inhabitants of the continent, was at least one cause of conflict between them. This conflict still has not been adequately resolved

The Fall of the Priests and the Rise of the Lawyers, Philip R Wood, Hart Publishing, 2016, 273 pages: ISBN 9781509905560. Hardcover $50.00

Book Review: - The Fall of the Priests and the Rise of the Lawyers, Philip R Wood, Hart Publishing, 2016, 273 pages: ISBN 9781509905560. Hardcover $50.0

Can Better Working Conditions Improve the Performance of SMEs? An International Literature Review

[Excerpt] It is widely recognized that competitive private enterprise is the principal source of economic growth and wealth globally and makes a substantial contribution to poverty reduction. Although large and multinational enterprises have the higher public profile, the majority of businesses are small and medium-sized enterprises (SMEs). They are estimated to be responsible for over 50 per cent of the new jobs created globally and, in most developing and emerging countries, they also employ more people than do large enterprises. Given their importance as employers, SMEs clearly have the potential to contribute to the social and economic progress for workers and their communities. However, many SMEs – particularly those in developing and emerging countries – are not achieving this potential. Frequently, their employment is in low-quality and low-skilled jobs that offer low wages under poor and unsafe working conditions. In addition, SMEs often fall short in terms of productivity, competitiveness and market share. The ILO has long been convinced that, by improving working conditions, safety and skills in SMES, productivity and profitability can also be improved: a win-win scenario that is good for workers, enterprise owner, communities and economies. In June 2012, specialists from four ILO departments came together to implement a joint programme of work to explore how to help and encourage SMEs to achieve this. This independent research review was commissioned by ILO in order to contribute to establishing a solid empirical basis for future research and interventions. It reviews the empirical relevance of the assumption that a win-win scenario exists in SMEs, especially in the context of developing economies. It also seeks to identify the factors or conditions that influence its emergence. More broadly, the report builds upon a thorough review of international literature to present responses to a range of enquiries relating to the links between working conditions, safety and health, skills and productivity. Not surprisingly, the answers contained in this report are often conditional and are far from categorical. Although the report suggests that a win−win scenario may exist, in certain circumstances, it also underlines that more empirical research is needed, particularly in developing and emerging economies

We’ve Been Down this Road Before: Evidence on the Health Consequences of Precarious Employment in Industrial Societies, 1840-1920

A large body of international scientific research now indicates that the growth of job insecurity, flexible/temporary work and precarious forms of self-employment have had significant negative consequences for occupational health and safety. What is often overlooked in debates over the ‘changing world of work’ is that today’s widespread use insecure and short term work is not new but represents a return to something more resembling labour markets in Australia, Europe and North America in the 19th and early 20th century. As this paper will seek to show, not only were precarious and exploitive working arrangements common during this period but the adverse effects of these on the health, safety and wellbeing was well documented in government inquiries, medical research, press reports and a variety of other sources. Drawing primarily on Australian and British sources, attention here will focus on casual labourers, sweated garment workers, the self-employed and merchant seamen. The paper highlights the valuable role historical research can play in shedding light on contemporary problems and policy debates.The symposium is organised on behalf of AAHANZBS by the Business and Labour History Group, The University of Sydney, with the financial support of the University’s Faculty of Economics and Business

The OHS regulatory challenges posed by agency workers: evidence From Australia

Labour leasing or agency labour (also known as labour hire in Australia and New Zealand) is a rapidly growing work arrangement in most if not all industrialized countries. Unlike the two-party employer/employee relationship, labour leasing establishes a three-party or triangular relationship between the worker, the agency that supplies them and the host employer. There is emerging evidence that this triangular relationship, in combination with the temporary nature of most placements, poses particular problems for laws regulating employment conditions (industrial relations, occupational health and safety (OHS), and workers’ compensation/social security) and the agencies administering them. This paper examines recent Australian experience with regard to protecting the health and safety of agency workers, drawing on detailed interviews and workplace visits with inspectors, as well as analysis of statutory provisions, documentary records (such as reports and guidance material), and enforcement activity (notably prosecutions) by OHS agencies