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School of Law and Justice Research Seminar: Queensland Legislators and a Right to Property as a Human Right

Presented by Dr Julie Copley, UniSQ
26 APR 2023
12.30 PM - 1.30 PM
R101 Ipswich Campus with live stream to Q420 Wonderley & Hall UniSQ Moot Court, Toowoomba campus
The evaluation by legislators of property questions ought to be taken seriously. The legislation must mediate individual rights and interests and collective considerations. It addresses important legal and political concerns. Legislating is complex and difficult, however, and politicians hesitate to make law because of uncertainty about what people want.
This seminar will examine legal and social (including political) theory and High Court jurisprudence capable of giving meaning to legislative practice for property questions, identifying real-world normative tools capable of addressing legislative complexity and difficulty. The theory includes JW Harris’s theory of property and justice, Jeremy Waldron’s democratic jurisprudence, Jürgen Habermas’s approach to human dignity and human rights, and the unified public law theory of Jacob Weinrib. The tools developed from theory facilitate evaluation of property questions by way of rational discourse about the underlying human values property serves and the social relationships property shapes and reflects. 
For this research seminar, the tools identified and demonstrated will go to the content of property rules. The demonstration will be structured according to three stages of normative argument: about the institutional, property and doctrinal dimensions of Queensland’s property institution. It will emerge that selection and use of the real-world normative tools is optimised by attention to the concept of human dignity.

For more information, please contact Anna Dean.