Elyse Methven
Biographic Data
| ID | 1354663 |
|---|---|
| NAME | Elyse Methven |
| GIVEN NAMES | Elyse |
| FAMILY NAME | Methven |
| SIGNATURE | METHVEN E |
| AFFILIATIONS | University of Technology Sydney |
| ORCID | 0000-0002-3428-3905 |
| VERIFIED | Yes |
| TOTAL WORKS | 10 |
| TOTAL CITATIONS | 2 |
| AUTHOR COUNT | 10 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2014 |
| LATEST PUBLICATION YEAR | 2024 |
| H-INDEX | 1 |
It might be powerful; but is it offensive? Unpacking judicial views on the c-word
The word cunt is the second most popular subject of offensive language charges and infringement notices in New South Wales, after fuck. While the latter word has been the subject of considered academic and judicial critique, the basis for any legal offensiveness ascribed to the former term has received inadequate scholarly and jurisprudential attention. Noting the power of judicial discourse to shape what is criminally offensive, in this article,…
Introduction to special issue on unmasking power in criminal law and justice
Skipping straight to the punishment
The Australian criminal justice system has witnessed a shift towards out-of-court justice in the form of police-issued penalty notices. The exercise of police discretion in such instances has largely escaped critique, in part due to insufficient executive and judicial oversight of this early stage of decision-making. This article sheds light on factors that influence police decision-making regarding whether to issue a penalty notice for suspected…
Commodifying Justice
A death sentence for swearing
Several commissions of inquiry have recommended the reform or abolition of laws that criminalise the use of offensive language in Australia. These criminal offences have been linked to the over-policing and deaths in custody of Indigenous Australians. Australian state and territory governments have not only ignored these recommendations; they have also added new weapons to the police officer’s arsenal to control and punish swearing in public. Thr…
A Woman's Tongue
This article considers historical and contemporary representations of the relationship between gender and swearing in Australian obscene language trials. An examination of language ideologies articulated in media and legal discourse in nineteenth and early twentieth century Australia reveals how swearing by women was often depicted as unladylike, and swearing in the presence of women, considered undesirable. Commonly-articulated ideas about gende…
The controversial case of Lawyer X
This article addresses whether there are sufficient constraints on legal professionals acting as police informants, following the controversial ‘Lawyer X’ case. It examines key observations of the High Court of Australia in AB v CD; EF v CD [2018] HCA 58 relating to lawyers’ and barristers’ duties to their clients and to the court. It argues that existing professional rules and common law duties are insufficient to prevent legal advocates from ac…
Serious Crime Prevention Orders
Successive reforms in New South Wales (‘NSW’) have established far-reaching powers to curtail the liberties of those who were once convicted of various serious sexual and violent offences. Now, these powers have been significantly expanded, with the Executive Government asserting the ability to control the free movement, speech, association and work of NSW citizens and businesses via Serious Crime Prevention Orders (‘SCPOs’) under the Crimes (Ser…
We Will Decide Who Comes to This Country, and How They Behave
This article conducts a close reading of the asylum seeker Code of Behaviour (‘the Code’), which commenced operation in December 2013. The Code applies to all so-called ‘illegal maritime arrivals’ who apply for or seek to renew a bridging visa. In order to access a bridging visa, this group of asylum seekers must sign the Code, and are thereafter bound by a ‘list of expectations’ about how to behave at all times while in Australia. Its expectatio…
A Very Expensive Lesson’
In March 2014, the New South Wales Government dramatically increased penalty notice amounts for a number of summary offences. The fine increases were part of the Government's alcohol- and drug-fuelled violence initiatives, introduced in response to recent ‘one-punch’ homicides. This comment examines the use of penalty notices, or ‘on-the-spot’ fines, for the minor offences of offensive conduct, offensive language and the continuation of intoxicat…
We Will Decide Who Comes to This Country, and How They Behave
This article conducts a close reading of the asylum seeker Code of Behaviour (‘the Code’), which commenced operation in December 2013. The Code applies to all so-called ‘illegal maritime arrivals’ who apply for or seek to renew a bridging visa. In order to access a bridging visa, this group of asylum seekers must sign the Code, and are thereafter bound by a ‘list of expectations’ about how to behave at all times while in Australia. Its expectatio…
A Very Expensive Lesson’
In March 2014, the New South Wales Government dramatically increased penalty notice amounts for a number of summary offences. The fine increases were part of the Government's alcohol- and drug-fuelled violence initiatives, introduced in response to recent ‘one-punch’ homicides. This comment examines the use of penalty notices, or ‘on-the-spot’ fines, for the minor offences of offensive conduct, offensive language and the continuation of intoxicat…
We Will Decide Who Comes to This Country, and How They Behave
This article conducts a close reading of the asylum seeker Code of Behaviour (‘the Code’), which commenced operation in December 2013. The Code applies to all so-called ‘illegal maritime arrivals’ who apply for or seek to renew a bridging visa. In order to access a bridging visa, this group of asylum seekers must sign the Code, and are thereafter bound by a ‘list of expectations’ about how to behave at all times while in Australia. Its expectatio…
Serious Crime Prevention Orders
Successive reforms in New South Wales (‘NSW’) have established far-reaching powers to curtail the liberties of those who were once convicted of various serious sexual and violent offences. Now, these powers have been significantly expanded, with the Executive Government asserting the ability to control the free movement, speech, association and work of NSW citizens and businesses via Serious Crime Prevention Orders (‘SCPOs’) under the Crimes (Ser…
The controversial case of Lawyer X
This article addresses whether there are sufficient constraints on legal professionals acting as police informants, following the controversial ‘Lawyer X’ case. It examines key observations of the High Court of Australia in AB v CD; EF v CD [2018] HCA 58 relating to lawyers’ and barristers’ duties to their clients and to the court. It argues that existing professional rules and common law duties are insufficient to prevent legal advocates from ac…
Commodifying Justice
A death sentence for swearing
Several commissions of inquiry have recommended the reform or abolition of laws that criminalise the use of offensive language in Australia. These criminal offences have been linked to the over-policing and deaths in custody of Indigenous Australians. Australian state and territory governments have not only ignored these recommendations; they have also added new weapons to the police officer’s arsenal to control and punish swearing in public. Thr…
A Woman's Tongue
This article considers historical and contemporary representations of the relationship between gender and swearing in Australian obscene language trials. An examination of language ideologies articulated in media and legal discourse in nineteenth and early twentieth century Australia reveals how swearing by women was often depicted as unladylike, and swearing in the presence of women, considered undesirable. Commonly-articulated ideas about gende…
Skipping straight to the punishment
The Australian criminal justice system has witnessed a shift towards out-of-court justice in the form of police-issued penalty notices. The exercise of police discretion in such instances has largely escaped critique, in part due to insufficient executive and judicial oversight of this early stage of decision-making. This article sheds light on factors that influence police decision-making regarding whether to issue a penalty notice for suspected…
It might be powerful; but is it offensive? Unpacking judicial views on the c-word
The word cunt is the second most popular subject of offensive language charges and infringement notices in New South Wales, after fuck. While the latter word has been the subject of considered academic and judicial critique, the basis for any legal offensiveness ascribed to the former term has received inadequate scholarly and jurisprudential attention. Noting the power of judicial discourse to shape what is criminally offensive, in this article,…
Introduction to special issue on unmasking power in criminal law and justice
Law (10 works) · Political science (10 works) · Law (8 works) · Sociology (8 works) · Criminology (6 works) · Criminal Justice and Corrections Analysis (5 works) · Publishing (5 works) · Offensive (4 works) · Project commissioning (4 works) · Computer Science (3 works)