Jonathan Crowe
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Jonathan Crowe Faculty of Law Phone: +61 7 3955 1291 Bond University Email: [email protected] Gold Coast, Queensland 4229 Papers: bond.academia.edu/JonathanCrowe Australia Appointments Professor, Faculty of Law, Bond University, 2016-present Associate Professor, T. C. Beirne School of Law, University of Queensland, 2012-16 Senior Lecturer, T. C. Beirne School of Law, University of Queensland, 2008-12 Visiting Scholar, Philosophy Department, Georgetown University, January-June 2010 Lecturer, T. C. Beirne School of Law, University of Queensland, 2005-08 Tutor, T. C. Beirne School of Law, University of Queensland, 2002-04 Tutor, Philosophy Department, University of Queensland, 2002 Education PhD, Law and Philosophy, University of Queensland, 2006 Thesis: Existentialism, Liberty and the Ethical Foundations of Law Examiners: John Gardner (Professor of Jurisprudence, University of Oxford and Visiting Professor, Yale Law School) and Tom Campbell (Professorial Fellow, Centre for Applied Philosophy and Public Ethics, Charles Sturt University) Dean’s Commendation for Outstanding Research Higher Degree Thesis, Graduate School, University of Queensland LLB with Honours Class IIA, University of Queensland, 2002 BA with Honours Class I in Philosophy, University of Queensland, 2000 Publications Books 1. Jonathan Crowe, Natural Law and the Nature of Law, complete manuscript currently under re- view by Cambridge University Press 2. Rebecca Ananian-Welsh and Jonathan Crowe (eds), Judicial Independence in Australia: Contem- porary Challenges, Future Directions (Federation Press, 2016) (in press) 3. Jonathan Crowe, Legal Theory (Thomson Reuters, 2nd ed., 2014) Jonathan Crowe 2 4. Jonathan Crowe and Kylie Weston-Scheuber, Principles of International Humanitarian Law (Ed- ward Elgar, 2013) Marco Sassóli, University of Geneva: ’This is a concise and nuanced overview of International Humanitarian Law (IHL). The structure is unusual. While the book reflects the state of the law with accuracy and sobriety, it nevertheless shows the idealist and philosophical ambitions of the authors. Legal issues are often discussed within a wider moral and ethical context. The authors add many basics on human rights and the enforcement of international law, which [...] ensure the reader understands the wider picture.’ Reviewed by Chelsea Zimmerman in (2014) 21(2) Human Rights Brief 38: ’[T]he book provides a clear and concise explanation of fundamental principles of international humanitarian law. The authors successfully incorporate the philosophical, ethical, and legal context [...] Crowe and Weston- Scheuber have skillfully developed a text that is accessible and adaptable to a diverse group of readers’. 5. Suri Ratnapala and Jonathan Crowe, Australian Constitutional Law: Foundations and Theory (Ox- ford University Press, 3rd ed., 2012) This edition contains significant revisions, rewrites and new material. I contributed two entirely new chapters and was responsible for substantially revising and updating approximately half of the existing text. 6. Jonathan Crowe, Legal Theory (Thomson Reuters, 2009) Book Chapters 7. Jonathan Crowe, Metaphysical Foundations of Natural Law Theories, in George Duke and Robert P. George (eds), The Cambridge Companion to Natural Law Jurisprudence (Cambridge Uni- versity Press, 2016) (in press) 8. Jonathan Crowe, The Race Power, Federalism and the Value of Subsidiarity for Indigenous Peoples, in Jennifer Nielsen, Jeremy Patrick and Simon Young (eds), Constitutional Recognition of Indigenous Australians: Comparative and Critical Perspectives (Federation Press, 2016) (in press) 9. Jonathan Crowe, Human, All Too Human: Human Fallibility and the Separation of Powers, in Rebecca Ananian-Welsh and Jonathan Crowe (eds), Judicial Independence in Australia: Contem- porary Challenges, Future Directions (Federation Press, 2016) (in press) 10. Jonathan Crowe and Rebecca Ananian-Welsh, Introduction, in Rebecca Ananian-Welsh and Jonathan Crowe (eds), Judicial Independence in Australia: Contemporary Challenges, Future Direc- tions (Federation Press, 2016) (in press) 11. Jonathan Crowe, Small Justice: The Rights of the Other Animal, in Peter Atterton and Tamra Wright (eds), Face-to-Face with Animals: Levinas and the Animal Question (Duquesne University Press, 2016) (in press) 12. Jonathan Crowe, Integrity and Truth in Law’s Empire, in Lokendra Malik (ed.), Law and Dignity: Essays in Honour and Memory of Professor Ronald Dworkin (Oxford University Press, 2016) (in press) Jonathan Crowe 3 13. Jonathan Crowe, Judgment: U v U (2002) 211 CLR 238, in Heather Douglas, Francesca Bartlett, Trish Luker and Rosemary Hunter (eds), The Australian Feminist Judgments Project: Righting and Rewriting Law (Hart, 2014) 365 Reviewed by Heather Roberts in (2015) 35 Legal Studies 558: ’As the (Australian) judiciary remains male-dominated, "Justice" Jonathan Crowe’s decision is important symbolically as a rejection of the sexist assumptions [...] that feminist reasoning is something only women judges do.’ 14. Jonathan Crowe, Normativity, Coordination and Authority in Finnis’s Philosophy of Law, in Mark Sayers and Aladin Rahemtula (eds), Jurisprudence as Practical Reason (Supreme Court Library Queensland, 2013) 95 15. Jonathan Crowe, Pre-Reflective Law, in Maksymilian Del Mar (ed.), New Waves in Philosophy of Law (Palgrave Macmillan, 2011) 103 16. Jonathan Crowe, The Loneliness of the Referee, in Ted Richards (ed.), Soccer and Philosophy (Open Court, 2010) 347 Reviewed by John Heilpern in the Wall Street Journal (9 June 2010): ‘Jonathan Crowe’s wonderful essay is particularly appealing [...], revealing the loneliness of the referee in a new and sympathetic light.’ Translated into Portuguese as Jonathan Crowe, A Solidão do Juiz (2010) 50 Piauí 68 17. Jonathan Crowe, Levinasian Ethics and the Concept of Law, in Desmond Manderson (ed.), Essays on Levinas and Law: A Mosaic (Palgrave Macmillan, 2009) 39 Reviewed by Joshua Shaw in Notre Dame Philosophical Reviews (13 June 2009): ‘Jonathan Crowe [...] persuasively argues that Levinas would deny Hart’s claim that there is no necessary connection between law and morality.’ Journal Articles 18. Jonathan Crowe, Human Fallibility and the Separation of Powers (2016) 32 Policy (in press) 19. Jonathan Crowe, Natural Law Theories (2016) 11 Philosophy Compass 91 20. Jonathan Crowe, Justice Remembered (2015) 40 Australian Journal of Legal Philosophy (in press) 21. Jonathan Crowe, The Limits of Legal Pluralism (2015) 24 Griffith Law Review 314 22. Jonathan Crowe and Constance Youngwon Lee, Law as Memory (2015) 26 Law and Critique 251 23. Constance Youngwon Lee and Jonathan Crowe, The Deafening Silence of the ’Comfort Women’: A Response Based on Lyotard and Irigaray (2015) 2 Asian Journal of Law and Society 339 24. Jonathan Crowe, Natural Law and Normative Inclinations (2015) 28 Ratio Juris 52 25. Jonathan Crowe, Ethics and the Mediation Community (2015) 26 Australasian Dispute Resolution Journal 20 26. Jonathan Crowe, Law as an Artifact Kind (2014) 40 Monash University Law Review 737 Jonathan Crowe 4 27. Jonathan Crowe, Coherence and Acceptance in International Law: Can Humanitarianism and Human Rights be Reconciled? (2014) 35 Adelaide Law Review 251 28. Jonathan Crowe, Radicalising Hayekian Constitutionalism (2014) 33 University of Queensland Law Journal 379 29. Lisa Toohey and Jonathan Crowe, The Illusory Reference of the Transitional State and Non- Market Economy Status (2014) 2 Chinese Journal of Comparative Law 314 30. Jonathan Crowe, Law Without the State (2014) 30(2) Policy 7 31. Jonathan Crowe, Natural Law Anarchism (2014) 7 Studies in Emergent Order 288 32. Jonathan Crowe and Peta Stephenson, Reimagining Fiscal Federalism: Section 96 as a Transi- tional Provision (2014) 33 University of Queensland Law Journal 221 33. Jonathan Crowe, Fraud and Consent in Australian Rape Law (2014) 38 Criminal Law Journal 236 34. Jonathan Crowe and Peta Stephenson, An Express Constitutional Right to Vote? The Case for Reviving Section 41 (2014) 36 Sydney Law Review 205 35. Jonathan Crowe, Between Morality and Efficacy: Reclaiming the Natural Law Theory of Lon Fuller (2014) 5 Jurisprudence 109 36. Jonathan Crowe, International Humanitarian Law and the Challenge of Combatant Status (2014) 2 International Law Annual 17 37. Jonathan Crowe and Constance Youngwon Lee, Constitutionalism, Power and Equality in Contemporary Korea (2013) LAWASIA Journal 113 38. Jonathan Crowe, The Role of Contextual Meaning in Judicial Interpretation (2013) 41 Federal Law Review 417 39. Jonathan Crowe, Clarifying the Natural Law Thesis (2012) 37 Australian Journal of Legal Philos- ophy 159 Translated into Portuguese as Jonathan Crowe, Elucidação da Tese do Direito Natural, in Danilo Marcondes and Noel Struchiner (eds), Textos Básicos de Filosofia do Direito (Zahar, 2015) 40. Jonathan Crowe and Suri Ratnapala, Military Justice and Chapter III: The Constitutional Basis of Courts Martial (2012) 40 Federal Law Review 161 41. Suri Ratnapala and Jonathan Crowe, Broadening the Reach of Chapter III: The Institutional Integrity of State Courts and the Constitutional Limits of State Legislative Power (2012) 36 Melbourne University Law Review 175 42. Jonathan Crowe, Does Control Make a Difference? The Moral Foundations of Shareholder Liability for Corporate Wrongs (2012) 75 Modern Law Review 159 43. Jonathan Crowe, Levinas on Shared Ethical Judgments (2011) 42(3) Journal of the British Society for Phenomenology 233 Jonathan Crowe 5 44. Jonathan Crowe, Reasoning from the Ground Up: Some