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Julian Burnside

Watching Out belongs to a rare class of book. Written by a lawyer, concerned largely with law, and touching upon such legal esoterica as interim injunctions, it defies all odds in still being eminently accessible to a lay audience. It has, predictably, set off a frisson of excitement in legal Australia, where each new Burnside title ...

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There are only seven High Court judges. Since Federation there have been just fifty-six of them (or fifty-five if we discount Justice Piddington, who never sat during his four weeks on the court). High Court judges are rare creatures, and as a rule they are publicly noticed far less than the importance of their work might suggest.

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Wolfgang Sievers was a complex person with a clear vision. The major dimensions of his life included photography and an abiding sense of the dignity of man. Helen Ennis, one of the foremost authorities on Sievers, has produced a book that is at once satisfying and teasing.

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There must be some part of the human psyche which secretly thrills at the idea of inflicting unbearable pain on others. How else to explain the fact that torture has been practised in every civilisation in every age? How else to explain the desperate cruelty and awesome ingenuity of the torturer’s craft?

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In 1755 Samuel Johnson published his Dictionary of the English Language. In the preface, he laments the chaotic state of the language: ‘When I took the first survey of my undertaking, I found our speech copious without order, and energetick without rules; wherever I turned my view, there was perplexity to be disentangled and confusion to be regulated.’ He despaired at the scope and futility of his task:

Among these happy mortals is the writer of dictionaries; whom mankind have considered, not as the pupil but the slave of science, the pioneer of literature, doomed only to remove rubbish and clear obstructions from the paths, through which Learning and Genius press forward to conquest and glory, without bestowing a smile on the humble drudge that facilitates their progress. Every other author may aspire to praise; the lexicographer can only hope to escape reproach, and even this negative recompense has been yet granted to very few.

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In 1755 Samuel Johnson published his Dictionary of the English Language. In the preface, he laments the chaotic state of the language: ‘When I took the first survey of my undertaking, I found our speech copious without order, and energetic without rules; wherever I turned my view, there was perplexity to be disentangled and confusion to be regulated.’ He despaired at the scope and futility of his task:

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Bauman’s point of departure

Dear Editor,

Boris Frankel bursts in through open doors. He gives Zygmunt Bauman and me stick for speaking our truths (ABR, October 2001). Viewed in its own terms, what remains of the Left in Australia is in a bad way because it has failed (1) to clarify its ethics, norms and values and (2) to develop alternative visions and policies upon them; because (3) there is no popular bearer or social movement available to carry these invisible ends; and (4) because there is no evidence of popular support for a new society, present unhappiness and misery notwithstanding. If this is not modern, what is it? (If the Soviet and Nazi experiences were not modern, what were they?)

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The episode of the refugees on the MV Tampa raised two separate problems, one moral, the other legal. To see both issues in perspective, it is useful to recall the facts that precipitated this unlikely crisis.

The refugees, most of them claiming to be from Afghanistan, embarked on a boat in Indonesia and headed for Australia. It began to sink. The master of the Tampa, quite properly, rescued them. He was about to take them to Indonesia when some of them threatened to commit suicide if they were not taken to Australia. He considered that many were in need of urgent medical help. He sailed towards Christmas Island and radioed for help, but none was given. He was asked to turn away, but considered the risks to life too great. Thus it was that 450 refugees found themselves in Australian territorial waters.

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