title: Beauty and Truth: Re-defining Legal Artistry's Normative Aspirations

authors: McDonald, Deidre Ann

subjects: beauty

abstract: Abstract 


Judges are responsible for creating case law, and each case is important, because each develops (in theory) the body of law as a whole. Each judgment should be able to meet the definition of 'art' that I will set out and apply in this thesis. Where a judgment meets that test of art, it will be successful in relaying the 'truth' of the law in a rich, lasting and forceful manner. It is important for case law to relay the truth of the law in such a way because case law's function is to communicate and reinforce social values by recognising and applying universal principles of justice and fairness to situations that arise from social life. 

In summary, this thesis examines whether the each of the main cases that have developed the duty of care test in negligence meets the criteria in the definition of art set out in this work, so that they may be called works of art. Each of the relevant cases will be evaluated to see: whether each embodies a 'system of rules and principles' (rules and principles being separate concepts) as these relate to the duty of care test; and whether each may be called beautiful. For, a work of art is one that incorporates all of these aspects: rules, principles and beauty. 

I will define what art is, and I will describe art's function in the world. I will explore and define the concept of truth, as it relates to this thesis, and I will attempt to make clear the analogy between truth as Idea (in the Greek sense) and the law as Idea. Further, I will look at the context in which the judicial opinion is created, and I will consider the responsibilities judges have to reason by analogy under the doctrine of precedent. 

Then, I will consider the concept of beauty itself, and how it affects us as those who experience the work. Finally, I will show that the concept of 'duty of care' in negligence, leading up to and culminating in Lord Atkin's dictum in Donoghue v Stevenson (1932) AC 562 (HL), has been developed by judges so that only 50% of the cases considered meet the test of: a system of rules and principles governing that particular aspect of the law; and beauty. Thus, only the cases that meet the test will be considered to be successful in conveying the truth of the law (and allowing us to access that truth) in a rich, lasting and forceful manner, because this is art's function in the world.

text: Beauty and Truth: Re-defining Legal Artistry's Normative Aspirations Abstract 


Judges are responsible for creating case law, and each case is important, because each develops (in theory) the body of law as a whole. Each judgment should be able to meet the definition of 'art' that I will set out and apply in this thesis. Where a judgment meets that test of art, it will be successful in relaying the 'truth' of the law in a rich, lasting and forceful manner. It is important for case law to relay the truth of the law in such a way because case law's function is to communicate and reinforce social values by recognising and applying universal principles of justice and fairness to situations that arise from social life. 

In summary, this thesis examines whether the each of the main cases that have developed the duty of care test in negligence meets the criteria in the definition of art set out in this work, so that they may be called works of art. Each of the relevant cases will be evaluated to see: whether each embodies a 'system of rules and principles' (rules and principles being separate concepts) as these relate to the duty of care test; and whether each may be called beautiful. For, a work of art is one that incorporates all of these aspects: rules, principles and beauty. 

I will define what art is, and I will describe art's function in the world. I will explore and define the concept of truth, as it relates to this thesis, and I will attempt to make clear the analogy between truth as Idea (in the Greek sense) and the law as Idea. Further, I will look at the context in which the judicial opinion is created, and I will consider the responsibilities judges have to reason by analogy under the doctrine of precedent. 

Then, I will consider the concept of beauty itself, and how it affects us as those who experience the work. Finally, I will show that the concept of 'duty of care' in negligence, leading up to and culminating in Lord Atkin's dictum in Donoghue v Stevenson (1932) AC 562 (HL), has been developed by judges so that only 50% of the cases considered meet the test of: a system of rules and principles governing that particular aspect of the law; and beauty. Thus, only the cases that meet the test will be considered to be successful in conveying the truth of the law (and allowing us to access that truth) in a rich, lasting and forceful manner, because this is art's function in the world.

year: 2007

title: Remnants of the Waikato: native forest survival in a production landscape

authors: Jay, Grace Mairi M.

subjects: biodiversity conservation

abstract: This paper addresses the issue of conservation of native biodiversity on privately owned farmland in New Zealand.  Based on surveys of Waikato dairy farmers as exemplars of intensive agricultural practice, it examines factors that influence the survival of native forest on land with potential for commercial production.  Results suggest that a significant proportion of Waikato dairy farmers regard native forest favourably although the proportion of farmers who actively conserve their native forest is small.  Factors that assist the persistence of native forest on dairy farms include personal characteristics of the farmer, past accidents of history which have left forest remnants in place, and physical characteristics of the farm such as topography.  While the conservation of native biodiversity within this intensively farmed landscape is strongly influenced by political economy pressures that encourage production, non-utilitarian motives such as aesthetic enjoyment and family heritage can serve to counter the production ethic.

text: Remnants of the Waikato: native forest survival in a production landscape This paper addresses the issue of conservation of native biodiversity on privately owned farmland in New Zealand.  Based on surveys of Waikato dairy farmers as exemplars of intensive agricultural practice, it examines factors that influence the survival of native forest on land with potential for commercial production.  Results suggest that a significant proportion of Waikato dairy farmers regard native forest favourably although the proportion of farmers who actively conserve their native forest is small.  Factors that assist the persistence of native forest on dairy farms include personal characteristics of the farmer, past accidents of history which have left forest remnants in place, and physical characteristics of the farm such as topography.  While the conservation of native biodiversity within this intensively farmed landscape is strongly influenced by political economy pressures that encourage production, non-utilitarian motives such as aesthetic enjoyment and family heritage can serve to counter the production ethic.

year: 2005

title: Understanding Māori rights and interests in intellectual property arising from research and innovation

authors: Sterling, Rogena

abstract: In the era of big data, the significance of data as a raw material for production and a source of societal and economic value has grown immensely. Advances in data mining, analytics, computing power, and storage capacity have facilitated broader access and utilization of big data for corporate and governmental purposes. This surge aligns with the knowledge economy, emphasizing knowledge-intensive activities to drive economic growth, a focus underscored in the latest Government Strategy.

However, as the knowledge economy expands, concerns arise about equity, Treaty partnerships, and the need to address issues of Māori data sovereignty and Indigenous data sovereignty. Discussions around Māori data sovereignty emphasize the importance of Māori control over various forms of Māori data, such as Mātauranga Māori, taonga species, and administrative data. Organizations like Te Mana Raraunga have been instrumental in developing principles and audit tools to support Māori data sovereignty.

Amidst these developments, questions have surfaced about the protection of Māori intellectual property (IP) within Aotearoa New Zealand, particularly outlined in the WAI262 report. This report, funded by Genomics Aotearoa and the National Science Challenge Science for Technological Innovation, aims to address these concerns. The project includes a literature review examining national legislation and international agreements constituting New Zealand's Intellectual Property Rights regime. This review explores how these frameworks safeguard Māori IP rights concerning Māori data, genomic data, and Mātauranga Māori. The second component involves a survey targeting research institutions to assess the presence of IP policies protecting Māori data in research and innovation processes.

The report provides a concise summary of the literature review and survey findings, with the overarching goal of assisting institutions in developing policies that safeguard Māori rights over their knowledge and data. The objective is to ensure equitable benefit-sharing throughout the innovation processes and address the evolving landscape of data sovereignty.

text: Understanding Māori rights and interests in intellectual property arising from research and innovation In the era of big data, the significance of data as a raw material for production and a source of societal and economic value has grown immensely. Advances in data mining, analytics, computing power, and storage capacity have facilitated broader access and utilization of big data for corporate and governmental purposes. This surge aligns with the knowledge economy, emphasizing knowledge-intensive activities to drive economic growth, a focus underscored in the latest Government Strategy.

However, as the knowledge economy expands, concerns arise about equity, Treaty partnerships, and the need to address issues of Māori data sovereignty and Indigenous data sovereignty. Discussions around Māori data sovereignty emphasize the importance of Māori control over various forms of Māori data, such as Mātauranga Māori, taonga species, and administrative data. Organizations like Te Mana Raraunga have been instrumental in developing principles and audit tools to support Māori data sovereignty.

Amidst these developments, questions have surfaced about the protection of Māori intellectual property (IP) within Aotearoa New Zealand, particularly outlined in the WAI262 report. This report, funded by Genomics Aotearoa and the National Science Challenge Science for Technological Innovation, aims to address these concerns. The project includes a literature review examining national legislation and international agreements constituting New Zealand's Intellectual Property Rights regime. This review explores how these frameworks safeguard Māori IP rights concerning Māori data, genomic data, and Mātauranga Māori. The second component involves a survey targeting research institutions to assess the presence of IP policies protecting Māori data in research and innovation processes.

The report provides a concise summary of the literature review and survey findings, with the overarching goal of assisting institutions in developing policies that safeguard Māori rights over their knowledge and data. The objective is to ensure equitable benefit-sharing throughout the innovation processes and address the evolving landscape of data sovereignty.

year: 2021-05