Aboriginal Australians have traditionally enjoyed little protection from the law. The matter of land has been at the heart of white settler/Aboriginal relations since the nation was first founded. It is only recently that recognition has been given to the land rights of Australian indigenous people. This recognition was finally made at the property law level in 1992 through the High Court decision in Mabo v. Queensland (n. 2) ([1992] 175 CLR 1). The 1993 High Court decision in The Wik (...) Peoples v. Queensland ([1996] 71 ALJR 173) reinforced that recognition. It did so through the principle that pastoral lessees' and native title holders' rights might co‐exist except that, in the event of any inconsistency, the pastoralists' rights were to prevail, provided pastoral activity was being pursued. The most recent legal change is the parliamentary revision of the Native Title Act so that the Wik co‐existence principle was put to rest, mainly through permitting the State governments to upgrade pastoral holdings to a form of freehold, thus immunising them from native title claims, and minimising the payment of compensation. In this paper we argue that the country must consider what has been lost in this about‐turn from the recognition of native title to land in Mabo. We argue that the nation must consider the emphases in the Mabo judgments upon the significance of international law and the need for the common law not to be locked into a racist past. From that point, we contend for the need to recognise not only native title to land but what lies beyond that: indigenous political and human rights. (shrink)

Leading Harvard philosophy professor William Ernest Hocking (1873-1966), author of 17 books and in his day second only to John Dewey in the breadth of his thinking, is now largely forgotten, and his once-influential writings are out of print. This volume, which combines a rich selection of Hocking’s work with incisive essays by distinguished scholars, seeks to recover Hocking’s valuable contributions to philosophical thought.

Ten scholars offer a comprehensive introduction to one of the most celebrated visionaries of the Middle Ages. The essays focus on Birgitta as an author, the reception of her writings, and the history of her religious order.

In this book Professor Tjoa not only reconstructs Lewes’ theory of criticism and his social and political opinions but also evaluates his contributions to ...

PHILOSOPHERS have a patrimony of ninety generations or so of philosophical experience. Collingwood's plea that we take this cumulative legacy seriously I am disposed to repeat. Philosophical experience rewards the labor of philosophic thought quite as geological experience rewards the labor of geological thought, and mathematical experience that of mathematical thought. Philosophical experience brings to light the categories and categorial order. It thus makes its contribution to interscientific meaning, which is the distinction and mark of philosophy among the sciences. Think (...) of it as a hard-won richesse, a communal fund, to which multitudes of our predecessors have added and upon which they have drawn, as we now are professionally qualified to do. So viewed, philosophical experience records a communal venture, an itinerarium mentis, towards system and categorial coherence. (shrink)

If the criminal trial is aimed simply at ascertaining the truth of a criminal charge, it is inherently problematic to prevent the prosecution from adducing relevant evidence on the ground of its unlawful provenance. This article challenges the starting premise by replacing the epistemic focus with a political perspective. It offers a normative justification for the exclusion of unlawfully obtained evidence that is rooted in a theory of the criminal trial as a process of holding the executive to the rule (...) of law. On this theory, it is the admission rather than exclusion of such evidence that is inherently problematic. The differences between this theory and others that are in currency will be noted, as will its implications and limitations. (shrink)

Philosophical Issues, Volume 31, Issue 1, Page 146-166, October 2021.

Dostoevsky is one of Russia's greatest novelists and a major influence in modern debates about religion, both in Russia and the West. This collection brings together Western and Russian perspectives on the issues raised by the religious element in his work. The aim of this collection is not to abstract Dostoevsky's religious 'teaching' from his literary works, but to explore the interaction between his Christian faith and his writing. The essays cover such topics as temptation, grace and law, Dostoevsky's use (...) of the gospels and hagiography, Trinitarianism, and the Russian tradition of the veneration of icons, as well as reading aloud, and dialogism. In addition to an exploration of the impact of the Christian tradition on Dostoevsky's major novels, Crime and Punishment, The Idiot and The Brothers Karamazov, there are also discussions of lesser-known works such as The Landlady and A Little Boy at Christ's Christmas Tree. (shrink)

The differentiation of trait anxiety and depression in nonclinical and clinical populations is addressed. Following the tripartite model, it is assumed that anxiety and depression share a large portion of negative affectivity, but differ with respect to bodily hyperarousal and anhedonia. In contrast to the tripartite model, NA is subdivided into worry and dysthymia, which leads to a four-variable model of anxiety and depression encompassing emotionality, worry, dysthymia, and anhedonia. Item-level confirmatory factor analyses and latent class cluster analysis based on (...) a large nation-wide representative German sample substantiate the construct validity of the model. Further evidence concerning convergent and discriminant validity with respect to related constructs is obtained in two smaller nonclinical and clinical samples. Factors influencing the association between components of anxiety and depression are discussed. (shrink)

Then newly elected Labor Prime Minister, Kevin Rudd, made a historic statement of “Sorry” for past injustices to Australian Indigenous peoples at the opening of the 2008 federal parliament. In the long-standing absence of a constitutional ‘foundational principle’ to shape positive federal initiatives in this context, there has been speculation that the emphatic Sorry Statement may presage formal constitutional recognition. The debate is long overdue in a nation that only overturned the legal fiction of terra nullius and recognised native title (...) to lan with the High Court’s decision in Mabo in 1992. This article explores the implications of the Sorry Statement in the context of reparations for the generations removed from their families under assimilation policies (known since the Bringing Them Home Inquiry as the Stolen Generations). We draw out the utility of recent human rights statutes—such as the Human Rights Act 2004 (ACT)—as a mechanism for facilitating justice, including compensation for past wrongs. Our primary concern here is whether existing legal processes in Australia hold further capacity to provide reparation for Australian Indigenous peoples or whether their potential in that regard is already exhausted. We compare common law and statutory developments in other international jurisdictions, such as Canada, as an indication of what can be achieved by the law to facilitate better legal, economic and social outcomes for Indigenous peoples. The year 2008 also saw Canadian Prime Minister Stephen Harper express his apology to residential school victims in the Canadian Parliament, providing thematic and symbolic echoes across these two former colonies, which, despite remaining under the British monarchy, both forge their own path into the future, while confronting their own unique colonial past. We suggest that the momentum provided by the recent public apology and statement of “Sorry” by the newly elected Australian Prime Minister must not be lost. This symbolic utterance as a first act of the 2008 parliamentary year stood in stark contrast to the long-standing recalcitrance of the former Prime Minister John Howard on the matter of a formal apology. Rather than a return to a law enforcement-inspired “three strikes and you’re out” approach, Australia stands poised for an overdue constitutional and human rights-inspired “three ‘sorries’ and you’re in”. (shrink)

Anlässlich des 75-jährigen Jubiläums der Zeitschrift »Psyche« skizziert der Beitrag einen Überblick über die Geschichte seit ihrer Gründung 1947. Dargestellt und reflektiert werden einige der personellen Besonderheiten wie auch Debatten, die zum einen in der Zeitschrift geführt, zum anderen von der Zeitschrift angestoßen wurden.

This article discusses textually problematic passages in Catullus 63, a particularly corrupt poem from a particularly corrupt manuscript tradition. It proposes new conjectures and revives several old ones. Throughout there are notes on punctuation, conjecture attribution and an analysis of the structure of Attis’ lament.

Most simply stated, the business of Metaphysics is to understand the world, that is to say, the given world which, as given, is one stupendous Fact. This is something more than describing the world. Description, accurate and adequate, is the business of science: understanding the world is making sense of it--a quite different matter. That there is such a task implies that the world does not wear its sense on its sleeve: it presents much that seems nonsense, much that seems (...) anti-sense or what some of our French comrades call absurdity. It is precisely this refusal to make sense that is embodied in the concept of Fact. (shrink)

_An edited transcript of the great Harvard philosopher Josiah Royce's last year-long course in metaphysics, given at Harvard in 1915-1916._.