The kinds of work and divisions of labour this century: a survey of Bellingham, a border market town

This is a sociological study of Bellingham, a border market town. This community is an evolved aggregation of institutions and naturally occurring social groups. Whilst it has a certain territorial affinity and characteristics which are attributable to local history and evolved standards and values associated with this, its most obvious traits are the persisting sense of belonging generated in its members and the peculiar dynamic social system it supports. Constant change and adjustment take place in response to overlapping multi-directional chain reactions arising from nation wide extrinsic influences and internal development. Work in its broadest sense is the primary focus of this research and a qualitative approach is adopted, seventy-two current members being interviewed, using a semi structured interview technique. However, participant observation, questionnaires, a local survey and documentary evidence including archival material are also valuable source material. The changing make up of household groups, local kinship patterns, unpaid work, including caring and employment are examined in depth. It was found that there is a strong controlling effect on the members, the majority of whom were born there. Primary socialization tends to induce women to accept their role as wives and mothers. Household groups of origin continue to give support as long as they exist and whilst the last member used to be incorporated into a younger household group, he/she tends to be supported by a combination of state aid, kin help and neighbour support within his/her own home, today. Markedly patrilineal for most of this century, longevity and employment patterns have brought change to a society which is marginally matrilineal, today. Unmarried children live within their household group of origin until marriage. Employment together with changes in transport have brought about greater stability within household groups and less geographical movement of families. Members of the community tend to live and work in/from the village today, professional members being the most likely to be geographically mobile

Technocentrism in the Law School: Why the Gender and Colour of Law Remain the Same

Despite valiant endeavours by feminist, critical race, and Queer scholars to transform the legal culture, the transformative project has been limited because of the power of corporatism, a phenomenon deemed marginal to the currently fashionable micropolitical sites of critical scholarship. However, liberal, as well as postmodern scholarship, has largely preferred to ignore the ramifications of the new economy, which includes a marked political shift to the right, the contraction of the public sphere, the privatization of public goods, globalization, and a preoccupation with efficiency, economic rationalism, and profits. I argue that technical reasoning, or technocentrism, has enabled corporatism to evade scrutiny. I explore the meaning of technocentrism, with particular regard to legal education. Because corporate power does not operate from a unitary site, but is diffused, I show how it impacts upon legal education from multiple sites, from outside as well as inside the legal academy in a concerted endeavour to maintain the status quo

Towards the Uberisation of Legal Practice

Uber and Airbnb signify new ways of working and doing business by facilitating direct access to providers through new digitalised platforms. The gig economy is also beginning to percolate into legal practice through what is colloquially known as NewLaw. Eschewing plush offices, permanent staff and the rigidity of time billing, NewLaw offers cheaper services to clients to compete more effectively with traditional law firms. For individual lawyers, autonomy, flexibility, a balanced life, well-being and even happiness are the claimed benefits. The downside appears that NewLaw favours senior and experienced lawyers while disproportionately affecting recent graduates. This article draws on interviews with lawyers in Australian and English NewLaw firms to evaluate the pros and cons of NewLaw

The Law School, the Market, and the New Knowledge Economy

This paper considers how recent changes in higher education are impacting on the discipline of law, causing the critical scholarly space to contract in favour of that which is market-based and applied. The charging of high fees has transformed the delicate relationship between student and teacher into one of ‘customer’ and ‘service provider’. Changes in pedagogy, modes of delivery and assessment have all contributed to the narrowing of the curriculum in a way that supports the market. The paper will briefly illustrate the way the transformation has occurred and consider its effect on legal education and the legal academy

The Political Contingency of Sex Discrimination Legislation: The Case of Australia

There has been a marked shift away from social liberalism in many parts of the world which has profound ramifications for women, whose status remains contingent on the good graces of public institutions that remain resolutely masculinist. Neoliberalism, with its focus on the privatisation of public goods and promotion of the self within the market has become the dominant political ideology everywhere and is further undermining the interests of the majority of women. This essay will address the changing fortunes of sex discrimination legislation as a specific example of an initiative designed to improve the status of women. Australia will be used as a case study because of its passionate embrace of, first, social liberalism, and then, neoliberalism. Issues pertaining to affirmative action (positive action), intersection with human rights instruments, reporting requirements and incentives will also be addressed. Although Australia is a multi-jurisdictional federation, the essay will focus primarily on the federal arena in terms of legislative initiatives, policy and jurisprudence

The Law School, the Market, and the New Knowledge Economy

This paper considers how recent changes in higher education are impacting on the discipline of law, causing the critical scholarly space to contract in favour of that which is market-based and applied. The charging of high fees has transformed the delicate relationship between student and teacher into one of ‘customer’ and ‘service provider’. Changes in pedagogy, modes of delivery and assessment have all contributed to the narrowing of the curriculum in a way that supports the market. The paper will briefly illustrate the way the transformation has occurred and consider its effect on legal education and the legal academy

Sex Discrimination in Uncertain Times

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

Age discrimination in turbulent times

Concerns about the ramifications of a rapidly ageing population have generally focused on the post-retirement period, with limited scholarly attention to the experience of ageism in the workplace. Despite a shift in policy against early retirement, ʻolder workersʼ — who may be as young as 40 — are disproportionately experiencing age discrimination, often resulting in joblessness. We argue that in a postmodern environment, where the culture of ʻyouthismʼ predominates, the workplace is undergoing significant changes. In the new knowledge economy, characterised by technological knowhow, flexibility and choice, traditional values such as maturity, experience and loyalty have become passé. Drawing on Australian complaints and reported decisions of age discrimination in the workplace in the context of the international literature, we demonstrate the variety of forms ageism is taking. We argue that age discrimination legislation reflects an outdated modernist paradigm that fails to address the experience of older workers. In addition, as part of the culture of youthism, work is now being gauged by its capacity to create an aesthetic of pleasure