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UNSW Press

Litigation edited by Wilfrid Prest and Sharyn Roach Anleu & Slapping on the Writs by Brian Walters

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May 2004, no. 261

One could be forgiven for thinking that Australia is suffering a litigation explosion. Newspapers have been full of reports of supposedly undeserving plaintiffs receiving million-dollar damages awards; governments have introduced legislation to limit pay-outs; local authorities and volunteer organisations have cancelled events due to concerns over public liability; and insurers have blamed rising premiums on unsustainable damages awards. Even the courts have joined the chorus: several leading judges recently declared the justice system to be in crisis due to increasing litigiousness, lawyers who stir up claims and a judiciary that has, according to one recently retired judge, ‘enjoyed playing Santa Claus’.

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The Cruise of the Janet Nichol among the South Sea Islands edited by Roslyn Jolly & Robert Louis Stevenson edited by Roger Robinson

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April 2004, no. 260

Whether it’s fate or mere coincidence, the life stories of the two most celebrated writers of the Pacific – Robert Louis Stevenson and Albert Wendt – dovetail together on the small tropical island of Upolu in Western Samoa. In 1889, when Stevenson concluded his third Pacific cruise on the Janet Nichol, he told his readers in Europe and America that: ‘Few men who come to the islands leave them; they grow grey where they alighted; the palm trees and trade-wind fan them till they die.’ In hindsight, this reads as a premonition, but, after years of ill-health Stevenson was seduced and invigorated by sweet air and unexpected interests, describing his time during the Pacific voyages as ‘passing like days in fairyland’.

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Michael Pusey coined the term ‘economic rationalism’ in 1991 to refer to the narrow economic focus of many senior public servants in Canberra. These influential advisers were mostly classically trained economists who saw their task as being to assist in creating a more efficient and productive society by privatising publicly owned utilities and services, giving greater rein to market forces, increasing competition, deregulating the labour market, and so on. But like every major political programme, economic rationalism has had, and continues to have, great social costs. John Wright’s book is primarily a moral evaluation of this programme.

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Turning off the Television by Jock Given & Media mania by Hugh Mackay

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August 2003, no. 253

At a recent Australian Broadcasting Authority conference, federal communications minister Senator Richard Alston conceded that the early adoption of digital television in Australia had been ‘modest’. More impartial observers of the transition to digital broadcasting in Australia have been less restrained. ‘A digital dead-end’ and ‘dismal failure’ are representative of recent media commentary on the subject.

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Orchids of Australia by John J. Riley and David P. Banks

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May 2003, no. 251

This beautiful book showcases the botanical orchid illustrations of John Riley, a retired shearer whom some regard as Australia’s finest living botanical illustrator. Riley started drawing Australian orchids in the 1970s, and this volume includes subjects that date back to 1992. It lists 150 works. Those who take book titles literally will assume that this volume contains illustrations of all our native orchids. This is not the case. We have a rich flora of about 1,200 species. This, therefore, is the first in a planned series intended to describe and illustrate all our orchidaceous flora.

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The arresting cover of James Jupp’s important From White Australia to Woomera features the distraught faces of the children of detained asylum seekers. As the blurb puts it: ‘There never has been a greater need for a sober, historically informed yet critical account of immigration policy in Australia.’ This is indeed a book for the times. The nation’s left/liberal intelligentsia – much-disparaged by the right as ‘the politically correct chattering élite’ – has been in a state of profound shock ever since John Howard and Philip Ruddock swept the government to victory in November 2001 on the back of their hardline policy on asylum seekers. The Tampa episode, the ‘Pacific solution’ and the rising desperation of the families incarcerated and punished at Port Hedland, Maribyrnong and Woomera are surely all too familiar to readers. Labor’s experimentation with temporary protection visas for refugees in 1990, and the introduction of mandatory detention for the ‘boat people’ in 1991, had been followed under Howard, from 1996, by the freezing of humanitarian programme levels, reductions in social security support and an increasingly draconian detention regimen. But none of these developments quite prepared observers for the Howard government’s subsequent demonising and torturing of these wretchedly desperate folk in the final stage of their attempt to find sanctuary from evil Middle Eastern régimes. And nothing, perhaps, was more shocking than the government’s dry-eyed response to the drowning of refugee women and children at sea.

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In the aftermath of the ideological jousts between Henry Reynolds and Keith Windschuttle about the level of violence on the colonial frontier, a new book has appeared that tackles the issue from a fresh perspective. The author, John Connor, is a military historian. In this meticulously researched and highly readable book, he uses the methods of military history to examine the weapons, tactics and conduct of warfare on the Australian frontier during the first fifty years of British colonisation. Connor emerges from the fray with exciting new findings.

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Sylvia Lawson’s How Simone de Beauvoir Died in Australia warrants a second reading to be properly appreciated. The seven pieces in this collection are intricately connected, so that the messages are cumulatively conveyed. The book manifests its author’s ambitious desire to raise the consciousness of her readers. For me, however, the question remains: who is the intended audience?

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What’s Wrong with Addiction? by Helen Keane & Modernising Australia’s Drug Policy by Alex Wodak and Timothy Moore

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September 2002, no. 244

The current legal regime for the regulation – I use the term advisedly – of drugs has many unintended consequences. One of its minor tragedies is the number of thinkers and activists whose valuable energies are thus diverted to the Sisyphean labour of undoing it. So many words have now been written on the failure of prohibition that there is surely little more to be added. More than a decade ago, former Senator Peter Baume expressed it well: ‘Our strategies seek to prevent the production of certain designated illegal substances, and fail to do so; they seek to prevent the importation of substances, and fail to do so; they seek to prevent the distribution of substances, and fail to do so; they seek to prevent the sale and use of substances, and fail to do so.’ Instead, our laws and policies make all these activities that much more dangerous, more corrupt, more poisonous and more destructive.

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Tara Brabazon’s Ladies Who Lunge: Celebrating Difficult Women is a collection of essays on feminism and popular culture. Addressing a range of subjects – including aerobics, wrestling, Miss Moneypenny, Anita Roddick and the pedagogy of Sylvia Ashton Warner – Brabazon’s material on the whole does justice to her general contention that feminist readings of popular culture need to be fearless and bold. Arguing that feminism requires a (metaphoric) equivalent of the movie Fight Club, Brabazon suggests that feminist critique is at its sharpest when it reads against the grain of mainstream thinking. For the most part, these essays do just that. However, for a book that celebrates the brazenness of feminism, why not include the F word in the title? In fact, the lameness of the title’s pun turns out to be characteristic of a deeper identity crisis. While Brabazon argues for a non-populist feminism, a tough and gritty brave new world of feminist critique, the style and packaging, and sometimes the substance, of her book seem to be trying hard to reach a market that is both ‘young’ and ‘popular’. Not that there is anything intrinsically wrong with this market, but it contradicts Brabazon’s wider project of taking us somewhere other than feminist readings of popular culture that dumb down many of feminism’s most critical insights.

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