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Law in Context
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Law in Context

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Stephen Bottomley and Stephen Parker

Emeritus Professor Stephen Bottomley is a former Dean of Law at the Australian National University in Canberra. He has written books and articles on Corporations law, a subject he taught for several decades. Emeritus Professor Stephen Parker AO is a former Dean of Law at Monash University in Melbourne. He has written books and articles on lawyers’ ethics and family law. He wrote, played and recorded the theme music for the Law in Context podcast series.

Episode 22 – Miscarriages of Justice

July 1, 2025 by Stephen Bottomley and Stephen Parker

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 … Read more

Episode 20 – Punishment: I Sentence You To Listen To This Podcast!

March 17, 2025 by Stephen Bottomley and Stephen Parker

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 … Read more

Tags Crime, deterrence, justice, law, punishment, recidivism, restorative justice

Episode 19 – It’s A Crime! Criminal Law in Context

March 3, 2025 by Stephen Bottomley and Stephen Parker

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 … Read more

Tags Crime, criminal law, justice, law, legal system, murder, punishment, theft

Episode 18 – Federal/State – How It All Works

February 1, 2025 by Stephen Bottomley and Stephen Parker

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 … Read more

Episode 17 – Native Title and the Case of Eddie Mabo

January 23, 2025 by Stephen Bottomley and Stephen Parker

All legal systems of previously colonised countries have grappled with the contest between land rights for the original peoples of those countries and the claims … Read more

Tags common law, indigenous rights, land tenure, native title, property law, sovereignty

Episode 16 – It’s Mine, not Yours! Property Law in Context

January 5, 2025 by Stephen Bottomley and Stephen Parker

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 … Read more

Tags civil law, common law, property law

Episode 15 – Prove It! How persuaded must we be in law?

September 21, 2024 by Stephen Bottomley and Stephen Parker

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 … Read more

Tags balance of probabilities, beyond reasonable doubt, burden of proof, common law, inquisitorial system, not guilty, standard of proof

Who Ya Gonna Trust? Fiduciaries and the Law

September 12, 2024 by Stephen Bottomley and Stephen Parker

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 … Read more

Tags equity, fiduciaries, fiduciary, law, trusts

Equity and the Sad Case of Mr Stubbings

August 28, 2024 by Stephen Bottomley and Stephen Parker

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 … Read more

Tags common law, conscience, equity, justice, rules

What is “the common law”?

August 11, 2024 by Stephen Bottomley and Stephen Parker

We keep hearing about “the common law”, but what exactly is it?  In this episode, we look at three separate meanings.   First, the common … Read more

Tags common law, court system, equity, legal system
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