...Summary Australian law is based on the culture of English law. The following characteristics derive from the English background of our law: * A system of representative democracy, using parliaments to make laws. See chapters 7 & 8. * A legal profession divided formally or informally into solicitors and barristers. See chapter 3. * A ‘common law’ system: * The system of law derived from the English legal system. Uses judicially decided cases as the basic form of law. See chapter 10. * The way that the law is made: Judges make law based on decided cases (precedents) and develop sets of legal principles which emerge from the judgments in decided cases.’ See chapter 12, 13, and 14. * The category of laws which grew from the medieval royal courts (‘the courts of common law’) and other areas of law, which came from the medieval Lord Chancellor’s role (‘equity’). See chapter 10. * Decision making in courts after an adversarial trial: derived from historical ‘trial by battle’ introduced by Normans. The battle has since then become a verbal one. See chapter 2. * A court system for dispute resolution: See chapter 11. However, Australian law has developed distinct characteristics of its own: * A federal system made up of a Commonwealth and States and Territories: separates out the powers of different bodies of government. See chapter 8. * A limited recognition of indigenous customary law: Mabo (No 2) held that native title to land could...
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...Feminism in Multicultural Societies An analysis of Dutch Multicultural and Postsecular Developments and their Implications for Feminist Debates Eva Midden A thesis submitted in partial fulfilment for the requirements of the degree of PhD at the University of Central Lancashire May 2010 Student Declaration Concurrent registration for two or more academic awards I declare that while registered as a candidate for the research degree, I have not been registered candidate or enrolled student for another award of the University or other academic or professional institution Material submitted for another award I declare that no material contained in the thesis has been used in any other submission for an academic award and is solely my own work Signature of Candidate Type of Award School ___PhD_________________________________ ___Centre for Professional Ethics___________ 1 Abstract It was long assumed that both multiculturalism and feminism are connected to progressive movements and hence have comparable and compatible goals. However, both in academia and in popular media the critique on multiculturalism has grown and is often accompanied with arguments related to gender equality and/or feminism. According to political scientist Susan Moller Okin for example there are fundamental conflicts between our commitment to gender equality and the desire to respect the customs of minority cultures or religions. If we agree that women...
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