DISSENT 2019 | 1 dissent reflections social justice journal sydney university law society 2019 © SYDNEY UNIVERSITY LAW SOCIETY 2019 This publication is copyright. Except where permitted under the Copyright Act 1968 (Cth), no part of this publication may be reproduced or stored by any process, electronic or otherwise, without the specific written permission of the Sydney University Law Society. The views and opinions expressed in this publication do not necessarily represent those of the Sydney University Law Society or Sydney Law School. Although the Editors have taken every care in preparing and writing the Handbook, they expressly disclaim and accept no liability for any errors, omissions, misuse or misunderstandings on the part of any person who uses or relies upon it. The Editors and Sydney University Law Society accept no responsibility for any damage, injury or loss occasioned to any person or entity, whether law students or otherwise, as a result of a person relying, wholly or in part, on any material included, omitted or implied in this publication. 2 | DISSENT 2019 DISSENT 2019 | 3 E D I T O R - I N - C H I E F Nina Dillon Britton E D I T O R S Alex MacIntyre A C K N O W L E D G M E N T O F C O U N T R Y Shivani Sankaran Rohan Simpson Bujari gamarruwa ‘Good Day’ in Gadical language. We acknowledge the traditional Aboriginal owners of the land that the University of Sydney is built Jessica Syed upon. The Gadical People of the Eora Nation. We acknowledge that this was Daniel Reede and always will be Aboriginal Land and are proud to be on the lands of one of the oldest surviving cultures in existence. We respect the knowledge that traditional elders and Aboriginal people hold and pass on from generation to generation, and D E S I G N acknowledge the continuous fight for constitutional reform and treaty recognition Christina Zhang to this day. We regret that white supremacy has been used to justify Indigenous (SULS Design Director) dispossession, colonial rule and violence in the past, in particular, a legal and political system that still to this date doesn’t provide Aboriginal people with justice. S P E C I A L T H A N K S Dr Carolyn McKay Justin Handisurya (SULS VP (Social Justice)) 4 | DISSENT 2019 DISSENT 2019 | 5 academic’s I am honoured to write the academic Foreword for the Two works focus on how technologies and techniques DR Reflections edition of Dissent, the social justice journal may impact issues of privacy, target particular populations CAROLYN of the Sydney University Law Society. As a qualitative and embed financial inequality in society. The creeping researcher, much of my time has involved going out into the pervasiveness of data capture, particularly biometrics and MCKAY field to gather empirical data, make observations, analyse facial identification, is examined in Rodney Blake’s essay. and reflect. For instance, in researching the use of audio Himath Siriniwasa’s review of Katharina Pistor’s The Code visual link technologies that enable courtroom appearance of Capital provides a means to understand how legal ‘coding’ and legal conferencing from prison, I stepped into the world and financial products heighten privilege and wealth. Issues of incarceration. There I conducted face-to-face interviews of democratic process, rights of protest, colonialism and with prisoners, asking them to contemplate their use of these statehood are raised in four essays. In an environment of technologies. The prison interviews were a great way to ‘fake news’ and challenges to democratic values, Joe Verity elicit verbatim accounts, subjective opinions and emotional calls for a truth requirement in Australian elections. This responses from people who could directly ‘tell it like it is’, and ties nicely with Nicholas Betts’ examination of draconian it was through this fieldwork interview process that I gathered anti-protest laws and the relationship with Australia’s rich data for my PhD and recent book, The Pixelated Prisoner. historical engagement with protest. Pranay Jha focuses During this research project, I also actively observed and on the current conflict in Kashmir through the lenses of considered the prison video link space and reflected on my postcolonialism and international law. British colonisation own (temporary) embodied immersion within that carceral is also at the forefront of Swapnik Sanagavarapu’s analysis realm. One time I sat down in front of the prison video link of the material harms caused to Indian society. Climate camera to regard the image of myself on the screen’s self-view change and climate displaced populations are the subject mode, framed by the bland, detention-grade furnishings of the of two essays. From the perspective of Australia’s climate prison video ‘courtroom’. Some women prisoners had told change policy and greenhouse gas emissions, Max Vishney me earlier how they used this picture-in-picture or self-view scrutinises a recent judgment concerning a rejected open-cut mode to see their own reflection. In prison, of course, there coal mine development. The plight of climate refugees and are no glass mirrors, only unbreakable stainless steel panels. the inadequacies of suitable legal protections are detailed in In this world without real mirrors, it was no wonder that some Billie Trinder’s work. Discrimination in sport and misogyny prisoners had reacted strongly to seeing their uncompromised in the legal system are dealt with in this volume. Linda Nixon reflection on the audio visual link screen for the first time. For examines the treatment of intersex athletes while Diana some, it was a welcome image providing a means to groom Lambert tackles gender inequality in the legal profession. themselves before their remote court appearance. For others, Elder abuse and the rights of the deceased are canvassed in the image of themselves, looking dishevelled and wearing Reflections. Claris Foo focuses on instances of physical and a green prison uniform, intensified feelings of shame and financial abuse perpetrated against the elderly. Finally, the reinforced their feelings of powerlessness. I later found one of dignity and rights of the deceased are considered in Kate the polished metal prison mirrors that produced an indistinct Scott’s thoughtful essay. and foggy likeness of my face. Dissent provides a space for law students to actively reflect, The concept of reflection evokes perception, thought and to articulate their social justice concerns and to engage with consideration and the 2019 Dissent journal holds a mirror up the broader community, and I congratulate the authors, to contemporary society to reflect on pressing social justice Editor-in-Chief Nina Dillon Britton and editorial team on issues. These papers, commentaries and proposals embrace the production of this provocative journal. Through the eyes an expansive range of ongoing and emergent social justice of the next generation of young lawyers, critical thinkers concerns from new technologies through to the visceral and socially engaged citizens, we catch an optimistic and nature of death. As a collection of reflections, the journal inspiring glimpse of a future in which inequalities and social evidences keen engagement, critical analysis and challenges disadvantage may be minimised. to inequalities and injustices. CAROLYN MCKAY 6 | DISSENT 2019 foreword editor’s The founding myth of law is that it exists beyond politics. On a more hopeful note, Vishney and Verity remind us of NINA Scholars and juges alike constantly bemoan the “politicisation” the possibility for law to be a force for positive social change. DILLON of law, and the “judicialisation” of politics. This year’s issue of Vishney outlines the significance of recent recognition of Dissent reminds us that law and its practice is a site of constant climate change as a factor in Environmental Court approvals, BRITTON conflict, it reflects back at us the power struggles that govern and Verity argues that a legal truth requirement could EDITOR IN CHIEF our society. radically reshape Australian political debate. Centred on the theme of “Reflections” the pieces in this This edition would not have been possible without the hard BA(HONOURS) journal explore the way in which law reflects social struggles work of my fellow editors, Alex MacIntyre, Daniel Reede, LLB IV and the possibilities for it to be used as a progressive tool. Jessica Syed, Rohan Simpson and Shivani Sankaran. It Siriniwasa, Sanagavarapu, Scott and Lambert explore the also would not have been possible without Social Justice way in law’s contemporary practice is shaped by its historic Officer, Justin Handisurya, who has gone above and beyond function as a tool of capitalist, colonial and patriarchal in supporting this project. We are also deeply grateful for domination. Nixon, Trinder and Jha explore the legal Christina Zhang’s beautiful design of this edition. challenges arising from new debates over what constitutes a woman, a refugee and a nation. Finally, I would like to thank Dr Carolyn McKay, who has written the Academic Foreword to this edition. Her pioneering Blake and Betts’ pieces remind us that political struggles work on the audio visual representations of prisoners in court constantly shape legal developments, discussing the room in part inspired our choice of this year’s theme. expansion of state power over information and protest and its relationship to “tough on crime” policies. Foo’s careful This year’s articles and commentaries explore the way in study of the failure of legal reforms to address elder abuse which law has been used too often to serve the interests of provides a disturbing image of the suffering caused by legal the powerful few. I hope that serves as a reminder to us, as and economic frameworks that privilege profit over people. students and future practitioners, that that need not be the case.