“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

Marriage, Tradition, Multiculturalism and the Accommodation of Difference in Australia

This paper examines marriage in multicultural and multi-faith Australia. It considers the history of, and reasons for, State recognition of marriage in Australia between one man and one woman entered into voluntarily for life. It argues that the tradition in Australia since European settlement has been for the State to only recognize this traditional form of marriage as marriage. The paper considers the meaning of equality and discrimination and argues that for those concepts to have meaning in the context of marriage it is first necessary to have a clear understanding of why the State does and should continue to have any role in marriage. The paper argues that tradition and empirical evidence support the continuation of State recognition of traditional marriage. The paper also examines the absence of State recognition in Australia of other conceptions of marriage including certain forms of marriage within the Islamic tradition, all cultural marriages celebrated within the traditions of Australia’s Aboriginal peoples and marriages between two persons of the same sex. It argues that tradition and empirical evidence do not presently support the redefinition of marriage to include State recognition of these forms of marriage. The paper concludes that there are powerful grounds for preserving the current definition of marriage in Australia and that it should be preserved

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

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

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

Enforcing conformity: Criminalising religiously inspired acts

This article considers current and foreshadowed Australian exclusion zone laws against the religious freedom, freedom of expression and peaceful assembly protections in the International Covenant on Civil and Political Rights (ICCPR). Exclusion zone laws criminalise activities which occur within designated areas around facilities which terminate pregnancies. Proscribed activities include communication and encompass public prayer, the offer of counselling and protest (no matter how quiet, respectful or caring). To date those prosecuted under these laws have been Christians whose actions were non-violent and motivated by their religious faith. The article argues that there is insufficient evidence that such actions cause harm sufficient to justify their criminalisation. It concludes that, at least to the extent that they criminalise public prayer and the offer of counselling, it is at least arguable that such laws are not necessary within the terms of Arts 18(3) and 21 and that they are contrary to Arts 18 and 21 of the ICCPR

Christianity and the law: Trial separation or acrimonious divorce?

This article considers the relationship between Christianity and the law in Australia beginning with the arrival of the First Fleet and the declaration of the Swan River Colony. It examines in some detail the influence of the Western legal tradition and of Christianity on the jurisprudence relating to one elemental aspect of Western society: marriage. It considers the make-up of contemporary Australia, contemporary attitudes to religion and the relationship between law and religion in Australia. The article concludes that the once close relationship between law and religion may be better described today not as a trial separation but as an acrimonious divorce. The article argues that conflict between Christianity and the law is increasing to the extent that there is a need for law reform to provide greater protection of religious freedom. At the time this article was written the legislative protection of religious freedom remained in a state of flux. Following the redefinition of marriage on 15 November 2018, a review into religious freedom, the Ruddock Review, has taken place but this review has not been publicly released. Instead, the initial leaks of its recommendations to the press have been selective, mischievous and manipulative. Despite the evidence presented in this article of a need for a more adequate legislative framework for the protection of religious freedom, the response to the recommendations of the Ruddock Review to date can only cause scepticism as to the likelihood that any such framework is likely to be introduced in this county in the near future

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