Review: Law and Popular Culture in Australia

Law and Popular Culture in Australia, de Zwart et al eds., 2015, Lexis Nexis, 1st ed, Chatswood

Art holds up a mirror to society. The way that lawyers and the profession are portrayed in popular culture influences both the law and how the public interacts with it.

This is the premise behind “Law and Popular Culture”. Have you ever wondered about the principles of natural justice at play in a Zombie apocalypse? What the Wolf of Wall Street says about government financial regulation? and does a loveable rogue like Rake make the public think lawyers will bend the rules given the right circumstances?

Law and Popular Culture is not a work that will assist in general practise. However its contents are extraordinarily interesting to practitioners and fans of popular culture alike. The depiction of lawyers in works of fiction affects the public perception more so than lawyers often wish. If heeded, the understanding of the interplay between the public perception and fictitious depiction can assist a practitioner in understanding their clients expectations and pre-conceived notions of the way that practitioners operate.

In every depiction of the inevitable zombie apocalypse, the survivors choose certain laws to survive whilst others fall to the wayside. As a mild example, planning laws are obviously ignored to allow survivors to barricade their residence and often concepts such as provocation or self-defence hold up a bit better during times of extreme crisis but are still treated more flexibly.

This work is the only I have ever encountered that has compared the work of Plato (“Justice is an objective more valuable than masses of gold”) to the philosophy of
Dr Hibbert where the “smartest have no power and the stupidest run everything”. The U.S. conceptions of law and justice inevitably influence public perceptions through their cultural dominance but this text does give Australians credit generally for realising that US pop culture works are a tad more prone to being overly dramatic.

Law and Popular Culture also explores more realistic issues such as how the recently expanded data collection laws mesh well with pop culture comparisons like Orwell’s “1984” or prevention and crime profiling fits with Phillip K Dick’s “Minority Report”.

Law and Popular Culture is more of an anthropological study of law than a useful practise guide, but none of that diminishes the fact that it is an immensely interesting read.

 

McCarthy Appointed to ACAT

Local Barrister Geoffrey McCarthy of Blackburn Chambers has been appointed as a Presidential member of ACAT with a term to expire in December 2022.

Along with the appointment of Mr McCarthy, the Attorney-General announced the appointment of Mary-Therese Daniel as a Presidential Member and Robert Orr PSM QC and Professor Peta Spender were appointed as acting presidential members.

Geoffrey McCarthy worked with the ACT Government Solicitor until he joined the bar 12 years ago and the Attorney-General has cited his strong community focus and strong leadership abilities as key attributes that will assist him in performing his Presidential duties.

Mr Orr, Ms Therese-Daniel and Professor Spender are currently on the ACAT and the re-appointments until 2022 and 2023 respectively are considered a show of confidence in their previous performance in the role.

As the Tribunal aims for quick and cheap delivery of justice outcomes, it regularly relies on its Presidential Members to step in to handle larger and more complex cases during times of greater case load.

Read the AG’s press release here if so inclined.

 

Happy Birthday Austlii: 6 Facts

Last week Austlii celebrated finally being able to drink in Japan, get married in Thailand and play Roulette in New Zealand.

As Austlii celebrates it’s 20th birthday, Lawyers from around Australia begrudgingly listen to their seniors talking of the day when they had to run over to the court library, beg friends at bigger firms or pretend to still be a student when they desperately needed to look up some case law last minute.

For the uninitiated, Austlii is an online legal database that catalogues journals, decisions and legislation from around Australia and provides it free to the public. Austlii is offically the Australasian Legal Information Institute and is maintained by the UTS and UNSW law faculties, though it is funded by donations from around Australia including the ANU, the ACT Law Society and private practitioners from around Canberra.

Austlii is part of a broader free access to law movement along with 34 other organisations providing similar services in their various parts of the world.

So, happy birthday Austlii and lets look at some fun facts:

  1. Austlii receives over 600,000 page hits everyday
    (so presumably 600,001).
  2. Austlii receives about 30% of all legal database traffic in Australia.
  3. It costs approx $1m to run each year and relies on over 250 organisations including Universities (~30%), law societies and law firms (~30%)  and corporate sponsors and individual gifts for the rest.
  4. One of the biggest donors is a legal insurance firm which believes Austlii is the best prevention for negligence amongst small firms.
  5. Austlii doesn’t index cases with search engines to protect the privacy of those involved.
  6. Over 700 different legal publications are regularly catalogued.