Gotowa bibliografia na temat „Courtroom symbolism”

Abstract The novel's central focus allows it to seek compassion for displaced, vulnerable groups. This does not detract from its complexity: it remains a well-crafted, increasingly relevant work, worthy of the praise, criticism, and controversies that continue to surround it. By documenting the harsh realities of the era, the novel calls to mind, however, those UN Country Reports that describe and denounce avoidable landscapes of poverty, hunger, homelessness, and dispossession against a framework of human rights law and policy. The novel's prescient warnings encompass not only the humanitarian crises brought about by climate change and unethical commercial practices, but also the ongoing global atrocities (wars, corrupt regimes, ethnic cleansing, and displacement of populations) that still serve to spark and underpin refugee existence and a chronic disregard for human dignity. As such, it requires the reader to judge those responsible and to evaluate the failings of the various global and domestic systems that enable and perpetuate such rights violations. The final scene, rich with symbolism, arguably, serves almost as quasi-courtroom: readers must serve as jurors rather than silent witnesses, if only to apportion blame for all that has gone before (or indeed continues to happen, almost a century later).

The portrayal of women in film has experienced a remarkable increase in recent years (see for example The Iron Lady, Hidden Figures, Jackie, or Judy). Female biographical film becomes particularly powerful when its entire theme and ideology centres around the law and politics of gender and sex, as is the case in Mimi Leder’s biopic On the Basis of Sex (2018) about the life of the late US Supreme Court justice Ruth Bader Ginsburg. The gender-conscious film portrays and dramatises the life of a determined woman who, despite struggles and sex-based discriminations, has transformed the justice system in terms of gender equality and the protection of women’s rights since the 1970s. This article argues that by negotiating the intertwinement of personal life and public achievement, the film covers pivotal issues of the feminist biopic such as the dissolving of traditional gender roles and a narrative of female success but also points to a collective notion of the biopic in its attempt to initiate wider political and societal discourses. The dramatisation of Ginsburg’s life in the form of a feminist courtroom biopic celebrates Ginsburg’s legacy via a strong affective, political focus and a juxtaposition of private and public, personal and professional, accompanied by an aesthetics of symbolism and symmetry.

Analysis of symbolic dimension of a court building in the general sense of its social vocation is carried out in the article. From the standpoint of judicial symbolism, the authors describe some well-known court buildings in various European countries, in particular, in Ukraine. The authors point out that since its inception, the court as one of the most important social institutions has been marked by a special attitude to the place or building where its sessions took place. In ancient Rome, in accordance with the notion of the need to sanctify space, where important actions and processes took place, the trial was held at a forum or in sacred premises, which often coincided with temples. In medieval Europe, trials were also held in the most privileged premises – palaces of rulers, temples, in the main squares. In the city magistrates, the courtrooms were one of the most solemn, and their interiors were decorated with works of art relating to justice. To this day, where possible, court buildings are erected with the intention of emphasizing the high social significance of justice. This is expressed in architectural forms (in particular, the imitation of classical examples of architecture, which were often common to public, temple and palace buildings as the most important in the local community or country). It is also expressed in modern conceptual solutions of architects, which successfully emphasize the dominant principles of justice – transparency, equality. The court buildings expressed in their appearance and interior design that the justice exercised here is one of the constituent foundations of society. The buildings of the courts, in addition to a purely utilitarian purpose and practicality, had a clear symbolic dimension, conveying the value of the category of justice. Some modern Ukrainian courts also fit into the general European tradition of emphasizing the importance of this institution with majestic buildings. At the same time, these buildings appear as architectural pearls of cities. A special role in the symbolism of the court building as a judicial symbol is played by stairs, which symbolically express the elevation of a person to the halls where justice is realized and the most important legal decisions are made.

06–594Baker, Mona (U Manchester, UK; mona.baker@manchester.ac.uk), Contextualization in translator- and interpreter-mediated events. Journal of Pragmatics (Elsevier) 38.3 (2006), 321–337.06–595Ermida, Isabel (U Minho, Braga, Portugal; iermida@ilch.uminho.pt), Linguistic mechanisms of power inNineteen Eighty-Four: Applying politeness theory to Orwell's world. Journal of Pragmatics (Elsevier) 38.6 (2006), 842–862.06–596Frajzyngier, Zygmunt (U Colorado, USA; Zygmunt.Frajzyngier@colorado.edu) & Bill Jirsa, The Principle of Indirect Means in language use and language structure. Journal of Pragmatics (Elsevier) 38.4 (2006), 513–542.06–597Fulda, Joseph S. (New York, USA; fulda@acm.org), Abstracts from logical form: An experimental study of the nexus between language and logic I. Journal of Pragmatics (Elsevier) 38.5 (2006), 778–807.06–598Fulda, Joseph S. (New York, USA; fulda@acm.org), Abstracts from logical form: An experimental study of the nexus between language and logic II. Journal of Pragmatics (Elsevier) 38.6 (2006), 925–943.06–599House, Juliane (U Hamburg, Germany; juliane.house@uni-hamburg.de), Text and context in translation. Journal of Pragmatics (Elsevier) 38.3 (2006), 338–358.06–600Jiang, Xiangying (Northern Arizona U, USA; xiangying.jiang@nau.edu), Cross-cultural pragmatic differences in US and Chinese press conferences: The case of the North Korea nuclear crisis. Discourse & Society (Sage) 17.2 (2006), 237–257.06–601Lee, EunHee (U Buffalo, USA; ehlee@buffalo.edu), Stative progressives in Korean and English. Journal of Pragmatics (Elsevier) 38.5 (2006), 695–717.06–602Mason, Ian (Heriot Watt U, UK; I.Mason@hw.ac.uk), On mutual accessibility of contextual assumptions in dialogue interpreting. Journal of Pragmatics (Elsevier) 38.3 (2006), 359–373.06–603Pérez González, Luis (U Manchester, UK; Luis.Perez-Gonzalez@manchester.ac.uk), Interpreting strategic recontextualization cues in the courtroom: Corpus-based insights into the pragmatic force of non-restrictive relative clauses.Journal of Pragmatics (Elsevier) 38.3 (2006), 390–417.06–604Sannino, Annalisa (U Salerno, Fisciano, Italy; ansannin@unisa.it), Analyzing discontinuous speech in EU conversations: a methodological proposal. Journal of Pragmatics (Elsevier) 38.4 (2006), 543–566.06–605Setton, Robin (Fu Jen Catholic U, Taiwan; Robin.Setton@eti.unige.ch), Context in simultaneous interpretation. Journal of Pragmatics (Elsevier) 38.3 (2006), 374–389.06–606Taboada, Maite (Simon Fraser U, Canada; mtaboada@sfu.ca), Discourse markers as signals (or not) of rhetorical relations. Journal of Pragmatics (Elsevier) 38.4 (2006), 567–592.06–607Tao Lü, Jian (South China U of Technology, Guangzhou, China; antonylu@sohu.com), Unidirectional floating of information: A case study of polylogue in a commercial colloquium. Journal of Pragmatics (Elsevier) 38.4 (2006), 475–489.06–608Tsur, Reuven (Tel Aviv U, Israel; tsurxx@post.tau.ac.il), Size–sound symbolism revisited. Journal of Pragmatics (Elsevier) 38.6 (2006), 905–924.

Introduction Sydney, Australia has experienced a sustained period of building and infrastructure development. There are hundreds of kilometres of bitumen and rail currently being laid. There are significant building projects in large central sites such as Darling Harbour and Barangaroo on the famous Harbour foreshore. The period of development has offered an unprecedented opportunity for the New South Wales (NSW) State Government to arrest the attention of the Sydney public through kilometres of construction hoarding. This opportunity has not been missed, with the public display of a new logo, complete with pithy slogan, on and around all manner of government projects and activities since September 2015. NSW is “making it happen” according to the logo being displayed. At first glance it is a proactive, simple and concise slogan that, according to the NSW Government brand guidelines, has a wide remit to be used for projects that relate to construction, economic growth, improved services, and major events. However, when viewed through the lens of public, expert, and media research into Sydney infrastructure development it can also be read as a message derived from reactive politics. This paper elucidates turning points in the history of the last decade of infrastructure building in NSW through qualitative primary research into media, public, and practice led discourse. Ultimately, through the prism of Colin Hay’s investigation into political disengagement, I question whether the current build-at-any-cost mentality and its mantra “making it happen” is in the long-term interest of the NSW constituency or the short-term interest of a political party or whether, more broadly, it reflects a crisis of identity for today’s political class. The Non-Launch of the New Logo Image 1: An ABC Sydney Tweet. Image credit: ABC Sydney. There is scant evidence of a specific launch of the logo. Michael Koziol states that to call it an unveiling, “might be a misnomer, given the stealth with which the design has started to make appearances on banners, barriers [see: Image 1, above] and briefing papers” (online). The logo has a wide range of applications. The NSW Government brand guidelines specify that the logo be used “on all projects, programs and announcements that focus on economic growth and confidence in investing in NSW” as well as “infrastructure for the future and smarter services” (30). The section of the guidelines relating to the “making it happen” logo begins with a full-colour, full-page photograph of the Barangaroo building development on Sydney Harbour—complete with nine towering cranes clearly visible across the project/page. The guidelines specifically mention infrastructure, housing projects, and major developments upfront in the section denoted to appropriate logo applications (31). This is a logo that the government clearly intends to use around its major projects to highlight the amount of building currently underway in NSW.In the first week of the logo’s release journalist Elle Hunt asks an unnamed government spokesperson for a definition of “it” in “making it happen.” The spokesperson states, “just a buzz around the state in terms of economic growth and infrastructure […] the premier [the now retired Mike Baird] has used the phrase several times this week in media conferences and it feels like we are making it happen.” Words like “buzz,” “feels like” and the ubiquitous “it” echo the infamous courtroom scene summation of Dennis Denuto from the 1997 Australian film The Castle that have deeply penetrated the Australian psyche and lexicon. Denuto (played by actor Tiriel Mora) is acting as a solicitor for Darryl Kerrigan (Michael Caton) in fighting the compulsory acquisition of the Kerrigan family property. In concluding an address to the court, Denuto states, “In summing up, it’s the constitution, it’s Mabo, it’s justice, it’s law, it’s the Vibe and, no that’s it, it’s the vibe. I rest my case.” All fun and irony (the reason for the house acquisition that inspired Denuto’s now famous speech was an airport infrastructure expansion project) aside, we can assume from the brand guidelines as well as the Hunt article that the intended meaning of “making it happen” is fluid and diffuse rather than fixed and specific. With this article I question why the government would choose to express this diffuse message to the public?Purpose, Scope, Method and ResearchTo explore this question I intertwine empirical research with a close critique of Colin Hay’s thesis on the problematisation of political decision-making—specifically the proliferation of certain tenets of public choice theory. My empirical research is a study of news media, public, and expert discourse and its impact on the success or otherwise of major rail infrastructure projects in Sydney. One case study project, initially announced as the North West Rail Line (NWR) and recently rebadged as the Sydney Metro Northwest (see: http://www.sydneymetro.info/northwest/project-overview), is at the forefront of the infrastructure building that the government is looking to highlight with “making it happen.” A comparison case study is the failed Sydney City Metro (SCM) project that preceded the NWR as the major Sydney rail infrastructure endeavour. I have written in greater detail on the scope of this research elsewhere (see: Richardson, “Curatorial”; “Upheaval”; “Hinterland”). In short, my empirical secondary research involved a study of print news media from 2010 to 2016 spanning Sydney’s two daily papers the Sydney Morning Herald (SMH) and the Daily Telegraph (TELE). My qualitative research was conducted in 2013. The public qualitative research consisted of a survey, interviews, and focus groups involving 149 participants from across Sydney. The primary expert research consisted of 30 qualitative interviews with experts from politics, the news media and communications practice, as well as project delivery professions such as architecture and planning, project management, engineering, project finance and legal. Respondents were drawn from both the public and private sectors. My analysis of this research is undertaken in a manner similar to what Virginia Braun and Victoria Clarke term a “thematic discourse analysis” (81). The intention is to examine “the ways in which events, realities, meanings and experiences and so on are the effects of a range of discourses operating within society.” A “theme” captures “something important about the data in relation to the research question,” and represents, “some level of patterned response or meaning within the data set.” Thematic analysis therefore, “involves the searching across a data set—be that a number of interviews or focus groups, or a range of texts—to find repeated patterns of meaning” (80-86).Governing Sydney: A Legacy of Inability, Broken Promises, and Failure The SCM was abandoned in February 2010. The project’s abandonment had long been foreshadowed in the news media (Anonymous, Future). In the days preceding and following the announcement, news media articles focussed almost exclusively on the ineptitude and wastefulness of a government that would again fail to deliver transport it had promised and invested in (Cratchley; Teutsch & Benns; Anonymous, Taxation). Immediately following the decision, the peak industry body, Infrastructure Partnerships Australia, asserted, “this decision shreds the credibility of the government in delivering projects and will likely make it much harder to attract investment and skills to deliver new infrastructure” (Anonymous, Taxation). The reported ineptitude of the then Labor Government of NSW and the industry fallout surrounding the decision were clearly established as the main news media angles. My print media research found coverage to be overwhelmingly and consistently negative. 70% of the articles studied were negatively inclined. Furthermore, approximately one-quarter featured statements pertaining directly to government paralysis and inability to deliver infrastructure.My public, expert, and media research revealed a number of “repeated patterns of meaning,” which Braun and Clarke describe as themes (86). There are three themes that are particularly pertinent to my investigation here. To describe the first theme I have used the statement, an inability of government to successfully deliver projects. The theme is closely tied to the two other interrelated themes—for one I use the statement, a legacy of failure to implement projects successfully—for the other I use a cycle of broken promises to describe the mounting number of announcements on projects that government then fails to deliver. Some of the more relevant comments, on this matter, collected throughout my research appear below.A former Sydney radio announcer, now a major project community consultation advisor, asserts that a “legacy issue” exists with regards to the poor performance of government over time. Through the SCM failure, which she asserts was “a perfectly sound idea,” the NSW Government came to represent “lost opportunities” resulting in a “massive erosion of public trust.” This sentiment was broadly mirrored across the public and industry expert research I conducted. For example, a public respondent states, “repeated public transport failures through the past 20 years has lowered my belief in future projects being successful.” And, a former director general of NSW planning asserts that because of the repeated project failures culminating in the demise of the SCM, “everybody is now so cynical”.Today under the “making it happen” banner, the major Sydney rail transport project investment is to the northwest of Sydney. There was a change of government in 2011 and the NWR was a key election promise for the incoming Premier at the time, Barry O’Farrell. The NWR project, (now renamed Sydney Metro Northwest as well as extended with new stages through the city to Sydney’s Southwest) remains ongoing and in many respects it appears that Sydney may have turned a corner with major infrastructure construction finally underway. Paradoxically though, the NWR project received far less support than the SCM from the majority of the 30 experts I interviewed. The most common theme from expert respondents (including a number working on the project) is that it is not the most urgent transport priority for Sydney but was instead a political decision. As a communications manager for a large Australian infrastructure provider states: “The NWR was an election promise, it wasn’t a decision based on whether the public wanted that rail link or not”. And, the aforementioned former director general of NSW planning mirrors this sentiment when she contends that the NWR is not a priority and “totally political”.My research findings strongly indicate that the failure of the SCM is in fact a vitally important catalyst for the implementation of the NWR. In other words, I assert that the formulation of the NWR has been influenced by the dominant themes that portray the abilities of government in a negative light—themes strengthened and amplified due to the failure of the SCM. Therefore, I assert that the NWR symbolises a desperate government determined to reverse these themes even if it means adopting a build at any cost mentality. As a respondent who specialises in infrastructure finance for one of Australia’s largest banks, states: “I think in politics there are certain promises that people attempt to keep and I think Barry O’Farrell has made it very clear that he is going to make sure those [NWR] tunnel boring machines are on the ground. So that’s going to happen rain, hail or shine”. Hating Politics My empirical research clearly elucidates the three themes I term an inability of government to successfully deliver projects, a legacy of failure and a cycle of broken promises. These intertwining themes are firmly embedded and strengthening. They also portray government in a negative light. I assert that the NWR, as a determined attempt to reverse these themes (irrespective of the cost), indicates a government at best reactive in its decision making and at worst desperate to reverse public and media perception.The negativity facing the NSW government seems extreme. However, in the context of Colin Hay’s work, the situation is perhaps more inevitable than surprising. In Why We Hate Politics (2007), Hay charts the history of public disengagement with western politics. He does this largely by arguing the considerable influence of problematic key tenets of public choice theory that permeate the discourse of most western democracies, including Australia. They are tenets that normalise depoliticisation and cast a lengthy shadow over the behaviour and motivations of politicians and bureaucrats. Public choice can be defined as the economic study of nonmarket decision-making, or, simply the application of economics to political science. The basic behavioral postulate of public choice, as for economics, is that man is an egoistic, rational, utility maximizer. (Mueller 395)Originating from rational choice theory generally and spurred by Kenneth Arrow’s investigations into rational choice and social policy more specifically, the basic premise of public choice is a privileging of individual values above rational collective choice in social policy development (Arrow; Dunleavy; Hauptman; Mueller). Hay asserts that public choice evolved as a theory throughout the 1960s and 70s in order to conceptualise a more market-orientated alternative to the influential theory of welfare economics. Both were formulated in response to a need for intervention and regulation of markets to correct their “natural tendency to failure” (95). In many ways public choice was a reaction to the “idealized depiction of the state” that welfare economics was seen to be propagating. Instead a “more sanguine and realistic view of the […] imperfect state, it was argued, would lead to a rather safer set of inferences about the need for state intervention” (96). Hay asserts that in effect by challenging the motivations of elected officials and public servants, public choice theory “assumed the worst”, branding all parties self-interested and declaring the state inefficient and ineffective in the delivery of public goods (96). Although, as Hay admits, public choice advocates perhaps provided “a healthy cynicism about both the motivations and the capabilities of politicians and public officials,” the theory was overly simplistic, overstated and unproven. Furthermore, when market woes became real rather than theoretical with crippling stagflation in the 1970s, public choice readily identify “villains” at the heart of the problem and the media and public leapt on it (Hay 109). An academic theory was thrust into mainstream discourse. Two results key to the investigations of this paper were 1) a perception of politics “synonymous with the blind pursuit of individual self interest” and 2) the demystification of the “public service ethos” (Hay 108-12). Hay concludes that instead the long-term result has been a conception of politicians and the bureaucracy that is “increasingly synonymous with duplicity, greed, corruption, interference and inefficiency” (160).Deciphering “Making It Happen” More than three decades on, echoes of public choice theory abound in my empirical research into NSW infrastructure building. In particular they are clearly evident in the three themes I term an inability of government to successfully deliver projects, a legacy of failure and a cycle of broken promises. Within this context, what then can we decipher from the pithy, ubiquitous slogan on a government logo? Of course, in one sense “making it happen” could be interpreted as a further attempt to reverse these three themes. The brand guidelines provide the following description of the logo: “the tone is confident, progressive, friendly, trustworthy, active, consistent, getting on with the job, achieving deadlines—“making it happen” (30). Indeed, this description seems the antithesis of perceptions of government identified in my primary research as well as the dogma of public choice theory. There is certainly expert evidence that one of the centrepieces of the government’s push to demonstrate that it is “making it happen”, the NWR, is a flawed project that represents a political decision. Therefore, it is hard not to be cynical and consider the government self-interested and shortsighted in its approach to building and development. If we were to adopt this view then it would be tempting to dismiss the new logo as political, reactive, and entirely self-serving. Further, with the worrying evidence of a ‘build at any cost’ mentality that may lead to wasted taxpayer funds and developments that future generations may judge harshly. As the principal of an national architectural practice states:politicians feel they have to get something done and getting something done is more important than the quality of what might be done because producing something of quality takes time […] it needs to have the support of a lot of people—it needs to be well thought through […] if you want to leap into some trite solution for something just to get something done, at the end of the day you’ll probably end up with something that doesn’t suit the taxpayers very well at all but that’s just the way politics is.In this context, the logo and its mantra could come to represent irreparable long-term damage to Sydney. That said, what if the cynics (this author included) tried to silence the public choice rhetoric that has become so ingrained? What if we reflect for a moment on the effects of our criticism – namely, the further perpetuation and deeper embedding of the cycle of broken promises, the legacy of failure and ineptitude? As Hay states, “if we look hard enough, we are likely to find plenty of behaviour consistent with such pessimistic assumptions. Moreover, the more we look the more we will reinforce that increasingly intuitive tendency” (160). What if we instead consider that by continuing to adopt the mantra of a political cynic, we are in effect perpetuating an overly simplistic, unsubstantiated theory that has cleverly affected us so profoundly? When confronted by the hundreds of kilometres of construction hoarding across Sydney, I am struck by the flippancy of “making it happen.” The vast expanse of hoarding itself symbolises that things are evidently “happening.” However, my research suggests these things could be other things with potential to deliver better public benefits. There is a conundrum here though—publicly expressing pessimism weakens further the utility of politicians and the bureaucracy and exacerbates the problems. Such is the self-fulfilling nature of public choice. ConclusionHay argues that rather than expecting politics and politicians to change, it is our expectations of what government can achieve that we need to modify. Hay asserts that although there is overwhelming evidence that we hate politics more now than at any stage in the past, he does not believe that, “today’s breed of politicians are any more sinful than their predecessors.” Instead he contends that it is more likely that “we have simply got into the habit of viewing them, and their conduct, in such terms” (160). The ramifications of such thinking ultimately, according to Hay, means a breakdown in “trust” that greatly hampers the “co-operation,” so important to politics (161). He implores us to remember “that politics can be more than the pursuit of individual utility, and that the depiction of politics in such terms is both a distortion and a denial of the capacity for public deliberation and the provision of collective goods” (162). What then if we give the NSW Government the benefit of the doubt and believe that the current building boom (including the decision to build the NWR) was not entirely self-serving but a line drawn in the sand with the determination to tackle a problem that is far greater than just that of Sydney’s transport or any other single policy or project problem—the ongoing issue of the spiralling reputation and identity of government decision-makers and perhaps even democracy generally as public choice ideals proliferate in western democracies like that of Australia’s most populous state. As a partner in a national architectural and planning practice states: I think in NSW in particular there has been such an under investment in infrastructure and so few of the promises have been kept […]. Who cares if NWR is right or not? If they actually build it they’ll be the first government in 25 years to do anything.ReferencesABC Sydney. “Confirmed. This is the new logo and phrase for #NSW getting its first outing. What do you think of it?” Twitter. 1 Sep. 2015. 19 Jan. 2017 <https://twitter.com/abcsydney/status/638909482697777152>.Arrow, Kenneth, J. Social Choice and Individual Values. New York: Wiley, 1951.Braun, Virginia, and Victoria Clarke. “Using Thematic Analysis in Psychology.” Qualitative Research in Psychology 3 (2006): 77-101. The Castle. Dir. Rob Sitch. Working Dog, 1997.Cratchley, Drew. “Builders Want Compo If Sydney Metro Axed.” Sydney Morning Herald 12 Feb. 2010. 17 Apr. 2012 <http://news.smh.com.au/breaking-news-national/builders-want-compo-if-sydney-metro-axed-20100212-nwn2.html>.Dunleavy, Patrick. Democracy, Bureaucracy and Public Choice. Hemel Hempstead: Harvester Wheatsheaf, 1991. Hauptmann, Emily. Putting Choice before Democracy: A Critique of Rational Choice Theory. Albany, New York: State U of New York P, 1996.Hay, Colin. Why We Hate Politics. Cambridge: Polity, 2007.Hunt, Elle. “New South Wales’ New Logo and Slogan Slips By Unnoticed – Almost.” The Guardian Australian Edition 10 Sep. 2015. 19 Jan. 2017 <https://www.theguardian.com/australia-news/blog/2015/sep/10/new-south-wales-new-logo-and-slogan-slips-by-unnoticed-almost>.Koziol, Michael. “‘Making It Happen’: NSW Gets a New Logo. Make Sure You Don’t Breach Its Publishing Guidelines.” Sydney Morning Herald 11 Sep. 2015. 19 Jan. 2017 <http://www.smh.com.au/nsw/making-it-happen-nsw-gets-a-new-logo-make-sure-you-dont-breach-its-publishing-guidelines-20150911-gjk6z0.html>.Mueller, Dennis C. “Public Choice: A Survey.” Journal of Economic Literature 14 (1976): 395-433.“The NSW Government Branding Style Guide.” Sydney: NSW Government, 2015. 19 Jan. 2017 <http://www.advertising.nsw.gov.au/sites/default/files/downloads/page/nsw_government_branding_guide.pdf>.Perry, Jenny. “Future of Sydney Metro Remains Uncertain.” Rail Express 3 Feb. 2010. 25 Apr. 2017 <https://www.railexpress.com.au/future-of-sydney-metro-remains-uncertain/>.Richardson, Nicholas. “Political Upheaval in Australia: Media, Foucault and Shocking Policy.” ANZCA Conference Proceedings 2015, eds. D. Paterno, M. Bourk, and D. Matheson.———. “A Curatorial Turn in Policy Development? Managing the Changing Nature of Policymaking Subject to Mediatisation” M/C Journal 18.4 (2015).———. “The Hinterland of Power: Rethinking Mediatised Messy Policy.” PhD Thesis. University of Western Sydney, 2015.“Taxpayers Will Compensate Axed Metro Losers: Keneally.” Sydney Morning Herald 21 Feb. 2010. 17 Apr. 2012 <http://www.smh.com.au/nsw/taxpayers-will-compensate-axed-metro-losers-keneally-20100221-on6h.html>. Teutsch, Danielle, and Matthew Benns. “Call for Inquiry over $500m Poured into Doomed Metro.” Sydney Morning Herald 21 Mar. 2010. 17 Apr. 2012 <http://www.smh.com.au/nsw/call-for-inquiry-over-500m-poured-into-doomed-Metro-20100320-qn7b.html>.“Train Ready to Leave: Will Politicians Get on Board?” Sydney Morning Herald 13 Feb. 2010. 17 Apr. 2012 <http://www.smh.com.au/opinion/editorial/train-ready-to-leave-will-politicians-get-on-board-20100212-nxfk.html>.

Described in this thesis is research that examined the influence of courtroom symbolism on jurors' ability to focus on the evidence presented in a criminal trial. This research is unique as participants were 'real' jurors who had, at the time of participation in the research, recently completed deliberations on a District Court trial. To date no other research has explored the interaction between symbolism in the courtroom and the juror experience. The broad research question examined in this research was: Do symbolic elements in the courtroom environment draw juror attention away from the evidence being presented?. Three theories drawn from environmental psychology were utilised in this research (i.e., environmental uncertainty theory, environmental arousal theory and environmental load theory). Additionally, Rapoport's (1983, 1990) theory, which was drawn from the architectural field of knowledge, was utilised. Rapoport's theory facilitated the measurement of symbolism in the form of environmental cues found in the courtroom. To address the broad research question, eight subordinate research questions were formulated those being: (1) Do trait anxiety and court related factors influence the amount of attention jurors pay to the elements of the courtroom environment?, (2) Do trait anxiety and court related factors influence the effect on jurors of the attention they paid to the elements of the courtroom environment?, (3) Do trait anxiety and court related factors influence the sense of stress or arousal in jurors?, (4) Is there an association between attention paid by jurors to the environmental cues found in the courtroom, their ability to perform their role as a juror and their sense of appreciation for the function of the law?, (5) Is there an association between attention paid by jurors to the environmental cues in the courtroom and a state of elevated stress?, (6) Does the amount of attention paid by jurors to environmental cues found in the courtroom diminish over time?, (7) Does the effect on jurors of the attention they paid to the environmental cues in the courtroom diminish over time? and, (8) Does the amount of stress jurors experience diminish over time?. The eight research questions were addressed in two studies. The first involved a survey of jurors who had completed deliberations in District Court trials in Brisbane and Cairns during the period 19th July, 2001 and 18th July, 2002 (N=192). This study examined the amount of attention jurors paid to four elements of the courtroom environment (i.e., the courtroom design, the appearance and behaviour of court officials, the appearance and behaviour of those associated with the offence and the task of being a juror). Also examined in this study was the influence on jurors of the attention they paid to the elements of the courtroom environment. Juror experience of state anxiety as measured by the State Trait Anxiety Inventory [STAI] (Spielberger, 1983) was also examined. Additionally, the influence of trait anxiety as measured by the STAI (Spielberger, 1983) and court related factors (i.e., location of trial, prior jury experience, nature of the offence and length of trial) on the juror experience was examined. Two time frames were examined (i.e., initial contact with the courtroom and midpoint of juror experience) which allowed the examination of the influence of time on the juror experience. Interviews with jurors who had completed the survey (N=19) comprised the second study. This study allowed jurors to describe their experience on a jury from a more personal perspective. The elements of the juror experience that distracted and reinforced their ability to focus on the evidence and facilitated a sense of appreciation for the function of the law were discussed. Also discussed were the elements of the juror experience that caused jurors to experience anxiety. Overall, the findings of this research indicated that although symbolism in the courtroom was linked to juror anxiety, this was positive and facilitated juror attention to the evidence and a sense of respect for the criminal justice system. That anxiety experienced by jurors facilitated their focus on the evidence is consistent with environmental arousal theory in that for optimum performance one must experience a certain level of arousal. Also confirmed by the findings of this research is environmental load theory, an element of which predicts that jurors will be task driven when experiencing environmental load. That these two theories are linked by an underlying construct is evidenced by the findings of this research. These findings open up possibilities for future theoretical research using environmental arousal theory and environmental load theory. The findings of this research also suggest that jurors found the symbolism in the courtroom environment distracting and that some elements of the juror experience were onerous and stressful. However, previous experience in the courtroom and lower trait anxiety moderated these factors. Consequently, consistent with the results of this research courts might benefit from implementing an orientation program for prospective jurors such that they are familiarised with the courtroom environment. Such a program would moderate any distress experienced by jurors. In the context of such adjustments by the courts, the influence of symbolism in the courtroom are considered beneficial to the juror experience and there is no need for the courts to alter the courtroom setting or robing practices of lawyers.

Described in this thesis is research that examined the influence of courtroom symbolism on jurors' ability to focus on the evidence presented in a criminal trial. This research is unique as participants were 'real' jurors who had, at the time of participation in the research, recently completed deliberations on a District Court trial. To date no other research has explored the interaction between symbolism in the courtroom and the juror experience. The broad research question examined in this research was: Do symbolic elements in the courtroom environment draw juror attention away from the evidence being presented?. Three theories drawn from environmental psychology were utilised in this research (i.e., environmental uncertainty theory, environmental arousal theory and environmental load theory). Additionally, Rapoport's (1983, 1990) theory, which was drawn from the architectural field of knowledge, was utilised. Rapoport's theory facilitated the measurement of symbolism in the form of environmental cues found in the courtroom. To address the broad research question, eight subordinate research questions were formulated those being: (1) Do trait anxiety and court related factors influence the amount of attention jurors pay to the elements of the courtroom environment?, (2) Do trait anxiety and court related factors influence the effect on jurors of the attention they paid to the elements of the courtroom environment?, (3) Do trait anxiety and court related factors influence the sense of stress or arousal in jurors?, (4) Is there an association between attention paid by jurors to the environmental cues found in the courtroom, their ability to perform their role as a juror and their sense of appreciation for the function of the law?, (5) Is there an association between attention paid by jurors to the environmental cues in the courtroom and a state of elevated stress?, (6) Does the amount of attention paid by jurors to environmental cues found in the courtroom diminish over time?, (7) Does the effect on jurors of the attention they paid to the environmental cues in the courtroom diminish over time? and, (8) Does the amount of stress jurors experience diminish over time?. The eight research questions were addressed in two studies. The first involved a survey of jurors who had completed deliberations in District Court trials in Brisbane and Cairns during the period 19th July, 2001 and 18th July, 2002 (N=192). This study examined the amount of attention jurors paid to four elements of the courtroom environment (i.e., the courtroom design, the appearance and behaviour of court officials, the appearance and behaviour of those associated with the offence and the task of being a juror). Also examined in this study was the influence on jurors of the attention they paid to the elements of the courtroom environment. Juror experience of state anxiety as measured by the State Trait Anxiety Inventory [STAI] (Spielberger, 1983) was also examined. Additionally, the influence of trait anxiety as measured by the STAI (Spielberger, 1983) and court related factors (i.e., location of trial, prior jury experience, nature of the offence and length of trial) on the juror experience was examined. Two time frames were examined (i.e., initial contact with the courtroom and midpoint of juror experience) which allowed the examination of the influence of time on the juror experience. Interviews with jurors who had completed the survey (N=19) comprised the second study. This study allowed jurors to describe their experience on a jury from a more personal perspective. The elements of the juror experience that distracted and reinforced their ability to focus on the evidence and facilitated a sense of appreciation for the function of the law were discussed. Also discussed were the elements of the juror experience that caused jurors to experience anxiety. Overall, the findings of this research indicated that although symbolism in the courtroom was linked to juror anxiety, this was positive and facilitated juror attention to the evidence and a sense of respect for the criminal justice system. That anxiety experienced by jurors facilitated their focus on the evidence is consistent with environmental arousal theory in that for optimum performance one must experience a certain level of arousal. Also confirmed by the findings of this research is environmental load theory, an element of which predicts that jurors will be task driven when experiencing environmental load. That these two theories are linked by an underlying construct is evidenced by the findings of this research. These findings open up possibilities for future theoretical research using environmental arousal theory and environmental load theory. The findings of this research also suggest that jurors found the symbolism in the courtroom environment distracting and that some elements of the juror experience were onerous and stressful. However, previous experience in the courtroom and lower trait anxiety moderated these factors. Consequently, consistent with the results of this research courts might benefit from implementing an orientation program for prospective jurors such that they are familiarised with the courtroom environment. Such a program would moderate any distress experienced by jurors. In the context of such adjustments by the courts, the influence of symbolism in the courtroom are considered beneficial to the juror experience and there is no need for the courts to alter the courtroom setting or robing practices of lawyers.
Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
School of Criminology and Criminal Justice
Faculty of Arts
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The second part of the book, “Turbulence,” centers on the transitional justice encounter of three survivors (Theary Seng, Vann Nath, and Bou Meng) involved in victim participation at the Extraordinary Chambers in the Courts of Cambodia (ECCC). Chapter 4, for example, is loosely structured around the idea of aesthetics and the experience of two victims who participated in the proceedings, Theary Seng and former S-21 prisoner Vann Nath. If the 2008 reenactment highlighted the performative dimensions of the transitional justice imaginary, it also suggested an implicit aesthetics as a former prison that had been converted into a genocide museum was, in this moment, envisioned as a crime site now inhabited by court personnel, victims and witnesses, and defendant, and evidence. The ECCC has a similar aesthetics of justice, ranging from court regalia and symbols to courtroom demeanor, technologies, styles of speech and movement, and public participation. The first part of the chapter centers on the experience of the first civil party, Theary Seng. Originally skeptical of the ECCC, Seng came to believe it had transformative possibilities in terms of promoting democracy in Cambodia. To this end, in a series of pretrial hearings, she sought to speak directly in court. Initially successful, Seng was eventually silenced as the Pre-Trial Chamber ruled that civil parties could only speak through their lawyers. Seng, for her part, became increasingly critical of the court, stating that she refused to be a piece of “décor” in a “sham.” Eventually she would renounce her civil party status and become an outspoken critic of the court, which was increasingly beset by controversy. The remainder of the chapter focuses on Vann Nath’s Case 001 testimony. On the day of his testimony, the 500-seat courtroom was packed, as it would be during many subsequent trial sessions. Vann Nath’s art, much of which he had produced during People’s Republic of Kampuchea for display at Tuol Sleng, was reintroduced as juridical evidence and shown in court. The chapter explores some of these aesthetic dimensions of the transitional justice imaginary even as it considers the lived experience and practices that informed Vann Nath’s art, including Buddhist aesthetics and beliefs.

This chapter examines the state’s necropolitical management of cross-border mobility and the border killings that border patrols committed in Turkey’s Kurdish borderlands. Based on ethnographic research among Kurdish litigants and human rights lawyers in courtrooms and border villages of Van Province, the chapter examines compensation claims that Kurdish litigants pursued for the border killings at Turkish courts. Although most of the killing cases resulted in criminal impunity and individual perpetrators were often exonerated from criminal liability, compensation claims can still be pursued to hold state authorities financially responsible for the killings. The chapter discusses how Kurdish litigants and their lawyers articulated the state’s financial responsibility as an alternative form of justice-seeking and gave political-symbolic meanings to compensation claims. Examining the ways in which Turkish courts converted the lost lives into money value through factual as well as counterfactual legal, social, economic and biological assumptions, it further documents that the compensation awards often fell short of compensating the lost livelihoods and Kurdish litigants were compelled to engage back in smuggling and face a constant risk of death. The chapter ultimately shows the co-constituted and co-exercised political and economic subjugation of lives and livelihoods in Turkey’s Kurdish borderlands.