Law in Context
Emeritus Professors Stephen Bottomley and Stephen Parker AO introduce law in a critical way to the general public, current students and those thinking of taking up the subject. They explain the Rule of Law, the Adversarial System of Justice, where law comes from, judges, juries, lawyers and many other topics, include problem areas such as access to justice.
Episodes
30 episodes
Episode 27 - The State
What exactly is a " State"? It's not the same as a country, or a nation, or a government. States do need a government to be recognised as a state, as well as a permanent population and territory, but it gets complicated. There...
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Season 2
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Episode 27
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10:57
The Adversarial System - Snapshot
The adversarial system of justice came from the English common law and spread. In this one minute snapshot, we contrast it with the inquisitorial system found in non-Anglo democracies.For a full version of the episode and further readin...
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1:12
Episode 26 - "Call my Agent!": Agency Law in Context
Your gowned crusaders explore the concept of agency, its legal implications, and its relevance in everyday life. We discuss how agency allows individuals and companies to engage in contracts without direct involvement, the different types of au...
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Season 2
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Episode 26
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14:03
Why People Obey The Law - Snapshot
Theories abound about why people obey the law, but in this one minute snapshot we highlight how a fair society with clear rules and effective enforcement makes it more likely that people will do the right thing. For the full episode, go t...
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1:12
Episode 25 - Contracts - "I Agree: Now Can I Sue You?"
Contracts are at the heart of our economic system. They are also dear to the hearts of many lawyers, who see contract law as embodying the idea that individuals should voluntarily bind themselves in a free society when they think it is in...
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Season 2
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Episode 25
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14:39
The Rule of Law - Snapshot
The Rule of Law is the starting point for understanding Law in democracies. In this one minute snapshot we say what the Rule of Law is, and what it isn't.
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1:12
Episode 24 - Torts, Snails and Ginger Beer!
Torts basically are civil wrongs. The law of torts provides remedies for people who have suffered some kind of harm at the hands of another - the tortfeasor. The behaviour might also be a crime or a breach of contract, depending on ...
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Season 2
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Episode 24
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15:56
Episode 23 - Should you be able to sue the judge?
For centuries there have been restrictions on suing a judge who has heard your case if you think they got it badly wrong. You could appeal against the decision or, in theory, petition the legislature to remove the judge. But you cou...
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Season 2
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Episode 23
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10:41
Episode 22 - Miscarriages of Justice
No criminal justice system is perfect. Sometimes it "miscarries" and innocent people are convicted. The consequences can be devastating for those involved, and sometimes for society, leading to unrest or political tensions.I...
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Season 2
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Episode 22
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15:38
Episode 21 - Victims
Being the victim of a crime can be highly traumatic. Some argue that the criminal justice system can make the victim re-live that trauma all over again.In this episode we look at how, historically, victims have moved away from being part...
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Season 2
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Episode 21
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13:05
Episode 20 - Punishment
Everyone agrees that Crime and Punishment go together. But that's where the agreement ends. There are multiple aims of punishment: to inflict retribution (an eye for an eye); to deter others; to incapacitate the offender so the public is protec...
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Season 2
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Episode 20
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14:18
Episode 19 - It's a Crime! - Criminal Law in Context
Most people are fascinated by crime, at least if they are at a safe distance from it. It is the stuff of popular culture and serious scholarship. Theories abound. Might a certain amount of it be good for society if it reminds ...
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Season 2
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Episode 19
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21:57
Episode 18 - Federal/State - How It All Works
Like many countries in the world, Australia is a federation; it has more than one tier of government. In this nail-biting episode, the Two Steves explain how our system came about, with the former colonies being given all legislative powe...
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Season 2
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Episode 18
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10:23
Episode 17 - Native Title and the Case of Eddie Mabo
All legal systems of previously colonised countries have grappled with the idea of land rights for the original peoples of those countries and the claims of settlers or conquerors. Australia was an unusual case. It wasn't exactly co...
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Season 2
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Episode 17
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17:10
Episode 16 - It's Mine, not Yours! Property Law in Context
You might think the idea of property is straightforward. In a way, it is. Almost anything tangible and many things intangible are capable of being property, under the common law. Even one of our jokes is capable of being prope...
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Season 2
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Episode 16
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12:14
Episode 15 - Prove It! How persuaded must we be in law?
It's well known that for someone to be found guilty of a crime, the decision-maker must be persuaded "beyond a reasonable doubt". This is the standard of proof. In civil claims, the standard is "on the balance of probabilities"....
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Season 1
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Episode 15
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10:37
Episode 14 - Who Ya Gonna Trust?
Who should I trust? If your answer is no one, the world would be a more difficult and expensive place. Wherever someone does something on your behalf you might have to employ someone else to watch over them, and then someone else to...
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Season 1
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Episode 14
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10:53
Episode 13 - Equity and the Sad Case of Mr Stubbings
In this episode we look at the body of judge-made law called Equity, which emerged in England as a separate body of case law from "the common law". Whereas common law focuses on clear rules and rights, equity focuses on conscience and doi...
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Season 1
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Episode 13
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10:35
Episode 12 - What is "The Common Law"?
We keep hearing about "the common law", but what exactly is it? In this episode, we look at three separate meanings. First, the common law describes a whole legal system, such as Australia, England, the United States and Can...
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Season 1
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Episode 12
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11:42
Episode 11 - At last, they ask "What is Law?"
Any competent lawyer should be able to say what is the law on a given topic in their area of expertise. However, most lawyers find it surprisingly difficult to answer persuasively the general question "what is law?".In th...
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Season 1
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Episode 11
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8:31
10. What is Justice?
In this episode, not daunted by their previous challenge to explain basic legal concepts clearly, the Two Steves take on the big one: What is Justice?Most lawyers instinctively take a procedural approach to justice. If the rules h...
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Season 1
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Episode 10
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10:57
9. Why Do People Obey The Law?
Myths abound about crime rates and law-breaking. In fact, some kinds of crime are going down and others are probably going up. A more interesting question is why so many people obey the law most of the time. In this e...
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Season 1
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Episode 9
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8:21
8. Corporations
There is almost nothing we do in our everyday lives that does not involve corporations or companies. From small family companies to global corporations which are larger than the economies of some countries, corporations dominate our lives...
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Season 1
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Episode 8
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10:57