Julius Stone Centenary Conference Faculty of Law, University of Sydney Thursday 5 July – Saturday 7 July 2007 PROGRAM Thursday, 5 July 11.15 Registration. Lunch & refreshments ASSEMBLY HALL (Level 4) Chair: Helen Irving 12.45 Conference opening The Dean, Faculty of Law, University of Sydney 1.00 Address The Hon. Murray Gleeson, Chief Justice of Australia 1.30 Reflection Adrienne Stone, Faculty of Law, University of Melbourne Reflection on Julius Stone’s Life 2.00 Keynote Address Upendra Baxi, Professor of Law in Development, School of Law, University of Warwick Revisiting Social Dimensions of Law and Justice in a Posthuman Era. 3.00 Break 3.15 Plenary session: Revisiting Sociological Jurisprudence MINTER ELLISON CONFERENCE ROOM (Level 13) Chair: Fleur Johns 1 Stanley L. Paulson, Washington University in St Louis; Faculty of Law, University of Kiel Sociological Jurisprudence versus the Pure Theory of Law: Julius Stone and Hans Kelsen Allan Hutchinson, Osgoode Hall Law School, York University, Toronto The Province of Jurisprudence Democratised 4.45 Break 5.30-7.00 2007 Julius Stone Address BANCO COURT, SUPREME COURT OF NSW Brian Tamanaha, Chief Judge Benjamin N. Cardozo Professor of Law at St John's University, New York; winner of the 2006 Dennis Leslie Mahoney Prize in Legal Theory Understanding Contemporary Legal Pluralism Friday, 6 July 9.00 Plenary session: Equality, Freedom and Bias MINTER ELLISON CONFERENCE ROOM (Level 13) Chair: Isobel Karpin Wojciech Sadurski, Faculty of Law, University of Sydney Two Concepts of Equality Reg Graycar, Faculty of Law, University of Sydney Gender, Race, Bias and Perspective OR How Otherness Colours Your Judgment Margaret Thornton, ANU College of Law, Australian National University Free Trade and Justice: Can they Co-exist? 2 11.00 Morning tea 11.30 Parallel sessions Session One: Rights and Justice MINTER ELLISON CONFERENCE ROOM (Level 13) Chair: Kristin Savell Maurice Adams, University of Antwerp Towards a Jurisprudence of Fundamental Rights Adjudication: Three Systems Compared Shirley Scott, School of Social Sciences and International Studies, University of New South Wales International Justice and International Law Wendy Lambourne, Centre for Peace and Conflict Studies, University of Sydney Transitional Justice After Mass Violence: Reconciling Retributive and Restorative Justice Session Two: The Legal System & Lawyers’ Reasonings ROOM GPR 6 (Level 6) Chair: Helen Irving Nicholas Aroney, TC Beirne School of Law, University of Queensland Articulating the Reasons for Decision in Political Communication Cases Murray Raff, School of Law, University of Canberra Natural Law, the Freedom of Property and the Environment Anat Scolnicov, Lucy Cavendish College, Cambridge University The Two Faces of Religious Freedom and Religious Free Speech 1.30 Lunch 2.30 Parallel sessions 3 Session One: Protection, Punishment and Justice MINTER ELLISON CONFERENCE ROOM (Level 13) Chair: Kevin Walton Steven Wheatley, Law School and Centre for International Governance, Leeds University Legal Protection of Minorities Helen M. Stacy, Stanford Law School and Freeman Spogli Institute for International Studies Human Rights at Gunpoint Kirsten Sellars, University of Aberdeen School of Law The Short History of Crimes against Peace Session Two: Precedent and Law: The Dynamics of Common Law Growth ROOM GPR 6 (Level 6) Chair: Alex Ziegert Michael Robertson, Faculty of Law, University of Otago Telling Law’s Two Stories Chaim Saiman, Villanova University School of Law Precedent, Tradition and History in Common Law Systems David Hamer, TC Beirne School of Law, University of Queensland Original, Spurious and Other Versions of the Rule Excluding Similar Fact Evidence 5.00 Drinks Saturday, 7 July 9.00 Parallel sessions Session One: International Law and Conflict 4 MINTER ELLISON CONFERENCE ROOM (Level 13) Chair: Kevin Walton Ben Saul, Faculty of Law, University of Sydney Apologist, Formalist or Jurist Par Excellence: Julius Stone and the Question of Palestine in International Law Andrew Dahdal, Division of Law, Macquarie University The Applicability of International Law to the Middle East: Understanding the Views of Julius Stone Session Two: International Law Jurisprudence ROOM GPR 6 (Level 6) Chair: Bernard Dunne Alex Ziegert, Faculty of Law, University of Sydney The Rule of Law as the Key for Effective Governance: The Dilemma of Postcommunist and Postcolonial Societies David Goldman, Deacons; Honorary Affiliate, Julius Stone Institute of Jurisprudence, University of Sydney World Society before Globalisation James Green, School of Law, University of Reading The Clarification of Self-Defence: Proposals Old and New 11.00 Morning tea 11.30 Parallel sessions Session One: International Courts MINTER ELLISON CONFERENCE ROOM (Level 13) Chair: Ben Saul Nicholas Kaufman, Office of District Attorney of Jerusalem The Role of International Criminal Tribunals in Prosecution of the Violations of the Laws of War 5 Christopher Connolly, Clifford Chance LLP The European Court of Human Rights and Accountability for State Violence in Northern Ireland Session Two: National Courts: Cases and Controversies ROOM GPR 6 (Level 6) Chair: Luke Nottage Tony Earls, Colin, Biggers & Paisley, Sydney Irish Republican Courts 1919 to 1922: Political Tool or Legal System? Timothy Webster, Law Clerk Designate, District of Massachusetts No Foreigners Allowed: Racial Discrimination Lawsuits in Japan 1.00 Lunch 2.00 Plenary Session: Stone’s Work and Legacy MINTER ELLISON CONFERENCE ROOM (Level 13) Chair: Reg Graycar Kristen Rundle, University of Toronto A Duty to Learn? Julius Stone and the Eichmann Trial Fleur Johns, Faculty of Law, University of Sydney The Gift of Realism: Julius Stone and the International Law Academy in Australia, 1954-1994 Jonathan Stone, Australian National University The Roles of Universities: Views of a Scholar of the Last Century 4.00 Break 4.15 Panel/discussion: The Future of Sociological Jurisprudence Chair: Helen Irving Brian Tamanaha, St John’s University, Alex Ziegert, University of Sydney, Margaret Thornton, ANU. 6 Song Tony Blackshield, Macquarie University The Julius Stone Waltz 5.15 Conference close 7.00 for 7.30 Conference Dinner Brisbane Room, Wentworth Sofitel, 61-101 Phillip St, Sydney 7