title: Human rights, property and the search for ‘worlds other’

authors: Grear, Anna

subjects: human rights

abstract: While some accounts of rights and property paradigms see property as an inherent incident of a colonizing form of human rights law and discourse, others draw out the contradictions between them, suggesting that human rights and property have opposing impulses towards inclusion and exclusion respectively. While not rejecting the insights of either of these positions, the author argues that a fundamental ambivalence lies at the heart of human rights law and discourse demonstrating both oppressive and emancipatory potential. This ambivalence is, the author argues, also internal to the Western property concept – a claim facilitating a renewed emphasis upon property's inclusory potential as an institutional foundation for a more eco-humane and vulnerability-responsive ordering of legal relations.

text: Human rights, property and the search for ‘worlds other’ While some accounts of rights and property paradigms see property as an inherent incident of a colonizing form of human rights law and discourse, others draw out the contradictions between them, suggesting that human rights and property have opposing impulses towards inclusion and exclusion respectively. While not rejecting the insights of either of these positions, the author argues that a fundamental ambivalence lies at the heart of human rights law and discourse demonstrating both oppressive and emancipatory potential. This ambivalence is, the author argues, also internal to the Western property concept – a claim facilitating a renewed emphasis upon property's inclusory potential as an institutional foundation for a more eco-humane and vulnerability-responsive ordering of legal relations.

year: 2012

title: Promoting engagement and learning in first year university studies: The role of personalisation

authors: Stanley, Peter

subjects: university studies

abstract: Student engagement in higher education can be conceptualised as involving three components: students’ social needs and circumstances, the cognitive characteristics of academic studies, and the prevailing institutional ethos or philosophy that specifies the relationships that students have with learning and knowledge. This paper reports on an investigation into student engagement in a first-year human development course at the University of Waikato at Tauranga, New Zealand where the teaching staff has a commitment to relating learning to individual experiences. Information from an end-of-course survey indicates that a philosophy of personalisation promotes learning engagement. Students reported that they were required to think a lot or a great deal, that they put time into the course assessments, and that they valued the human development course itself.

text: Promoting engagement and learning in first year university studies: The role of personalisation Student engagement in higher education can be conceptualised as involving three components: students’ social needs and circumstances, the cognitive characteristics of academic studies, and the prevailing institutional ethos or philosophy that specifies the relationships that students have with learning and knowledge. This paper reports on an investigation into student engagement in a first-year human development course at the University of Waikato at Tauranga, New Zealand where the teaching staff has a commitment to relating learning to individual experiences. Information from an end-of-course survey indicates that a philosophy of personalisation promotes learning engagement. Students reported that they were required to think a lot or a great deal, that they put time into the course assessments, and that they valued the human development course itself.

year: 2011

title: Ko Tikanga Te Mātāmua:  ngā pūrākau, ngā pakiwaitara, me mihi, ka tika

authors: Carrucan, Edmond Thomas

subjects: Law

abstract: This study highlights pūrākau and pakiwaitara as legal precedents that can bring Tikanga to life in unique ways. Using Kaupapa Māori and Mana Tāne methodologies, I address two problems within a larger project towards further normalising Tikanga within the legal system and legal education.

The first problem is the key misconception that there are two primary sources of law: statutes and common law. My proposed solution involves reconceiving three primary sources of law: Tikanga, statutes and common law. The second problem is how to source from Tikanga in making legal arguments. My proposed solution encourages story analysis of pūrākau and pakiwaitara and the use of these legal precedents within legal submissions. Accordingly, this study has two purposes.

In embarking on my journey of storytelling, I address the first purpose which is to test whether Tikanga is the first law and supreme law of Aotearoa, as was the seminal proposition of Ani Mikaere. This addresses the key misconception referred to above, that there are only two primary sources of law. Through analysis of Tikanga jurists and Western jurists I conclude Mikaere was right. Tikanga is the supreme law of Aotearoa: Ko Tikanga Te Mātāmua. I propose a new model called Te Whānau Ture as a legal family of three primary law sources representing this finding.

This research then addresses the second purpose in showing how ngā pūrākau me ngā pakiwaitara make valuable contributions to the body of law: me mihi, ka tika. Here, this study proposes a new model called, Whai Matua o Te Ture Māori, a symbolic stingray comprised of fourteen objects of Māori law. Later, I propose a further model Ātea Whakaaro, to enable ethical legal story analysis.

This study responds to (a) indigenising legal education, (b) the inevitability of Tikanga test cases and (c) the current Ao Mārama model. The significance of pūrākau and pakiwaitara in legal settings emerges from this study and a reclaiming of a Māori Legal Method becomes inevitable.

text: Ko Tikanga Te Mātāmua:  ngā pūrākau, ngā pakiwaitara, me mihi, ka tika This study highlights pūrākau and pakiwaitara as legal precedents that can bring Tikanga to life in unique ways. Using Kaupapa Māori and Mana Tāne methodologies, I address two problems within a larger project towards further normalising Tikanga within the legal system and legal education.

The first problem is the key misconception that there are two primary sources of law: statutes and common law. My proposed solution involves reconceiving three primary sources of law: Tikanga, statutes and common law. The second problem is how to source from Tikanga in making legal arguments. My proposed solution encourages story analysis of pūrākau and pakiwaitara and the use of these legal precedents within legal submissions. Accordingly, this study has two purposes.

In embarking on my journey of storytelling, I address the first purpose which is to test whether Tikanga is the first law and supreme law of Aotearoa, as was the seminal proposition of Ani Mikaere. This addresses the key misconception referred to above, that there are only two primary sources of law. Through analysis of Tikanga jurists and Western jurists I conclude Mikaere was right. Tikanga is the supreme law of Aotearoa: Ko Tikanga Te Mātāmua. I propose a new model called Te Whānau Ture as a legal family of three primary law sources representing this finding.

This research then addresses the second purpose in showing how ngā pūrākau me ngā pakiwaitara make valuable contributions to the body of law: me mihi, ka tika. Here, this study proposes a new model called, Whai Matua o Te Ture Māori, a symbolic stingray comprised of fourteen objects of Māori law. Later, I propose a further model Ātea Whakaaro, to enable ethical legal story analysis.

This study responds to (a) indigenising legal education, (b) the inevitability of Tikanga test cases and (c) the current Ao Mārama model. The significance of pūrākau and pakiwaitara in legal settings emerges from this study and a reclaiming of a Māori Legal Method becomes inevitable.

year: 2021