Brendon Murphy
Dados Biográficos
| ID | 4076379 |
|---|---|
| NOME | Brendon Murphy |
| PRENOMES | Brendon |
| SOBRENOME | Murphy |
| ASSINATURA | MURPHY B |
| AFILIAÇÕES | University of the Sunshine Coast |
| ORCID | 0000-0001-6767-1173 |
| VERIFICADO | Sim |
| TOTAL DE OBRAS | 8 |
| TOTAL DE CITAÇÕES | 2 |
| TOTAL COMO AUTOR | 8 |
| TOTAL COMO EDITOR | 0 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 2007 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2023 |
| ÍNDICE H | 1 |
Correcting the Manifest that is the Approach to Manifest Error in Sentencing Appeals
Manifest error is the most common appeal ground for sentencing decisions. It is also the most obscure. The courts have held that the ground does not admit of much argument and that no great assistance can be derived from decisions in other cases. This approach is misguided and has resulted in a high degree of unpredictability. Logically, in order to conclude that a sentence is too harsh or too lenient, it is necessary to have a mathematical refer…
Against wellbeing
This article critically engages with the concept and practice of ‘wellbeing’. Over the last decade, managerial practices have broadly introduced ‘wellbeing’ policies into the workplace, including the legal workplace. While these practices, in principle, can offer important forms of support for staff under professional stress, they can also be counterproductive, and have the effect of escalating stress and isolation. Drawing on Foucault, this arti…
Regulating Undercover Policing
Soft law, responsibility and the biopolitics of front-of-pack food labels
Front-of-pack (FOP) food labels are increasingly used by government and industry to provide nutrition information to consumers for the promotion of healthier eating habits. However, quantitative and qualitative research into the effectiveness of FOP food labelling schemes is in its infancy and, at this stage at least, is largely unconvincing. Using Australia’s health star rating system as an exemplar, in this article we provide a novel perspectiv…
Deceptive apparatus
Investigation of crime is central to the function and purpose of law enforcement. Contemporary investigation depends on a sophisticated arsenal of theories and techniques interacting with law and its institutions in a variety of ways, including authorised unlawful activity. Drawing on Foucault, this article re-imagines the investigation and associated legal architectures as apparatus; a rationality and strategy of governance shaped by intersectin…
Phronetic legal inquiry An effective design for law and society research
Legal research has traditionally involved a technique commonly known as doctrinal method. This practice evolved over centuries of judicial and legal practice. It is directed at the identification, interpretation and application of relevant legal rules to practical human experience, and is broadly characterised by an exhaustive literature review and close reading of case law and legislation. As a practice, doctrinal method has largely not been exp…
Confessions to Mr Big
In Queen v Hart, the Supreme Court of Canada recognised what was described as a ‘new rule of evidence’ concerning confessions obtained during ‘Mr Big’ operations. This undercover policing technique is known to be a time-intensive but effective strategy in the investigation of cases in which suspects are highly secretive. In Hart, the Canadian Supreme Court recognised the value of this form of investigation, but emphasised that such strategies req…
Mates, Mr Big and the Unwary’
Drug crime presents a significant problem for law enforcement. Drug supply involves significant profit; a highly adaptive and responsive target group; the potential for violence; cash transactions; the potential for corruption; mutual consent; a sub-cultural vernacular; political pressure; secrecy; telecommunications; and low levels of reporting by ‘consumers’. Drug deals are a simple, rapid transaction, even where substantial quantities are invo…
Against wellbeing
This article critically engages with the concept and practice of ‘wellbeing’. Over the last decade, managerial practices have broadly introduced ‘wellbeing’ policies into the workplace, including the legal workplace. While these practices, in principle, can offer important forms of support for staff under professional stress, they can also be counterproductive, and have the effect of escalating stress and isolation. Drawing on Foucault, this arti…
Regulating Undercover Policing
Mates, Mr Big and the Unwary’
Drug crime presents a significant problem for law enforcement. Drug supply involves significant profit; a highly adaptive and responsive target group; the potential for violence; cash transactions; the potential for corruption; mutual consent; a sub-cultural vernacular; political pressure; secrecy; telecommunications; and low levels of reporting by ‘consumers’. Drug deals are a simple, rapid transaction, even where substantial quantities are invo…
Phronetic legal inquiry An effective design for law and society research
Legal research has traditionally involved a technique commonly known as doctrinal method. This practice evolved over centuries of judicial and legal practice. It is directed at the identification, interpretation and application of relevant legal rules to practical human experience, and is broadly characterised by an exhaustive literature review and close reading of case law and legislation. As a practice, doctrinal method has largely not been exp…
Confessions to Mr Big
In Queen v Hart, the Supreme Court of Canada recognised what was described as a ‘new rule of evidence’ concerning confessions obtained during ‘Mr Big’ operations. This undercover policing technique is known to be a time-intensive but effective strategy in the investigation of cases in which suspects are highly secretive. In Hart, the Canadian Supreme Court recognised the value of this form of investigation, but emphasised that such strategies req…
Deceptive apparatus
Investigation of crime is central to the function and purpose of law enforcement. Contemporary investigation depends on a sophisticated arsenal of theories and techniques interacting with law and its institutions in a variety of ways, including authorised unlawful activity. Drawing on Foucault, this article re-imagines the investigation and associated legal architectures as apparatus; a rationality and strategy of governance shaped by intersectin…
Soft law, responsibility and the biopolitics of front-of-pack food labels
Front-of-pack (FOP) food labels are increasingly used by government and industry to provide nutrition information to consumers for the promotion of healthier eating habits. However, quantitative and qualitative research into the effectiveness of FOP food labelling schemes is in its infancy and, at this stage at least, is largely unconvincing. Using Australia’s health star rating system as an exemplar, in this article we provide a novel perspectiv…
Regulating Undercover Policing
Against wellbeing
This article critically engages with the concept and practice of ‘wellbeing’. Over the last decade, managerial practices have broadly introduced ‘wellbeing’ policies into the workplace, including the legal workplace. While these practices, in principle, can offer important forms of support for staff under professional stress, they can also be counterproductive, and have the effect of escalating stress and isolation. Drawing on Foucault, this arti…
Correcting the Manifest that is the Approach to Manifest Error in Sentencing Appeals
Manifest error is the most common appeal ground for sentencing decisions. It is also the most obscure. The courts have held that the ground does not admit of much argument and that no great assistance can be derived from decisions in other cases. This approach is misguided and has resulted in a high degree of unpredictability. Logically, in order to conclude that a sentence is too harsh or too lenient, it is necessary to have a mathematical refer…
Law (8 obras) · Political science (8 obras) · Law (7 obras) · Sociology (5 obras) · Criminal Justice and Corrections Analysis (3 obras) · Criminology (3 obras) · Economics (3 obras) · Project commissioning (3 obras) · Psychology (3 obras) · Publishing (3 obras)