Penny Pether Prize

Penny Pether (1957-2013) was an Australian scholar whose passionate life-long commitment to interdisciplinary legal research pervaded every aspect of her teaching and academic life. She helped convene the first conference of the Law and Literature Association and founded the interdisciplinary journal Law Text Culture. Penny was a mentor to younger academics and graduate students in the field. She held, demanded, and advocated the highest standards of interdisciplinary scholarly endeavor.

The Penny Pether Prize reflects and honours Dr Pether’s commitment to academic excellence. The Prize recognises authors whose book has made a significant contribution to the field of Australasian law, literature and humanities scholarship.

The Winners of the 2021 Penny Pether Prize are listed below.

Penny Pether Prize

Penny Pether (1957-2013) was an Australian scholar whose passionate life-long commitment to interdisciplinary legal research pervaded every aspect of her teaching and academic life. She helped convene the first conference of the Law and Literature Association and founded the interdisciplinary journal Law Text Culture. Penny was a mentor to younger academics and graduate students in the field. She held, demanded, and advocated the highest standards of interdisciplinary scholarly endeavor.

The Penny Pether Prize reflects and honours Dr Pether’s commitment to academic excellence. The Prize recognises authors whose book has made a significant contribution to the field of Australasian law, literature and humanities scholarship.

2021 Winners

2021 Penny Pether Prize Winner

Earthbound: The Aesthetics of Sovereignty in the Anthropocene

By Dr. Daniel Matthews

In this book, Daniel Matthews shows how sovereignty – the organising principle for modern law and politics – depends on a distinctive aesthetics that ensures that we see, feel and order the world in such a way that keeps the realities of climate change and ecological destruction largely ‘off stage’. Through analysis of a range of legal, literary, ecological and philosophical texts, this book outlines the significance of this aesthetic organisation of power and explores how it might be transformed in an effort to attend to the various challenges associated with the Anthropocene, setting the grounds for a new, ecologically attuned, critical jurisprudence.

The Anthropocene thesis contends that human impact on the environment has become so extreme that the earth system as a whole has been tipped into a new state. This new geological epoch demands sensitivity to the forces that traverse human and nonhuman life, the geological, ecological and atmospheric.

2019 Penny Pether Prize Winner

Danse Macabre

By Professor Desmond Manderson

The visual arts offer refreshing and novel resources through which to understand the representation, power, ideology and critique of law. This vibrantly interdisciplinary book brings the burgeoning field to a new maturity through extended close readings of major works by artists from Pieter Bruegel and Gustav Klimt to Gordon Bennett and Rafael Cauduro. At each point, the author puts these works of art into a complex dance with legal and social history, and with recent developments in legal and art theory. Manderson uses the idea of time and temporality as a focal point through which to explore how the work of art engages with and constitutes law and human lives. In the symmetries and asymmetries caused by the vibrating harmonic resonances of these triple forces – time, law, art – lies a way of not only understanding the world, but also transforming it.

2021 Penny Pether Prize (ECR) Winner

International Status in the Shadow of Empire:
Nauru and the Histories of International Law

By Dr. Cait Storr

Nauru is often figured as an anomaly in the international order. This book offers a new account of Nauru’s imperial history and examines its significance to the histories of international law. Drawing on theories of jurisdiction and bureaucracy, it reconstructs four shifts in Nauru’s status – from German protectorate, to League of Nations C Mandate, to UN Trust Territory, to sovereign state – as a means of redescribing the transition from the nineteenth century imperial order to the twentieth century state system. The book argues that as international status shifts, imperial form accretes: as Nauru’s status shifted, what occurred at the local level was a gradual process of bureaucratisation. Two conclusions emerge from this argument. The first is that imperial administration in Nauru produced the Republic’s post-independence ‘failures’. The second is that international recognition of sovereign status is best understood as marking a beginning, not an end, of the process of decolonisation.

2021 Penny Pether Prize (ECR) Winner

Law, Love and Freedom:
From the Sacred to the Secular

By Dr. Joshua Neoh

How does one lead a life of law, love, and freedom? This inquiry has very deep roots in the Judeo-Christian tradition. Indeed, the divergent answers to this inquiry mark the transition from Judeo to Christian. This book returns to those roots to trace the twists and turns that these ideas have taken as they move from the sacred to the secular. It relates our most important mode of social organization, law, to two of our most cherished values, love and freedom. In this book, Joshua Neoh sketches the moral vision that underlies our modern legal order and traces our secular legal ideas (constitutionalism versus anarchism) to their theological origins (monasticism versus antinomianism). Law, Love, and Freedom brings together a diverse cast of characters, including Paul and Luther, Augustine and Aquinas, monks and Gnostics, and constitutionalists and anarchists. This book is valuable to any lawyers, philosophers, theologians and historians, who are interested in law as a humanistic discipline.

2019 Penny Pether Prize (ECR) Winner

Figuring Victims in International Criminal Justice
The case of the Khmer Rouge Tribunal

By Dr Maria Elander

Most discourses on victims in international criminal justice take the subject of victims for granted, as an identity and category existing exogenously to the judicial process. This book takes a different approach. Through a close reading of the institutional practices of one particular court, it demonstrates how court practices produce the subjectivity of the victim, a subjectivity that is profoundly of law and endogenous to the enterprise of international criminal justice. Furthermore, by situating these figurations within the larger aspirations of the court, the book shows how victims have come to constitute and represent the link between international criminal law and the enterprise of transitional justice. The book takes as its primary example the Extraordinary Chambers in the Courts of Cambodia (ECCC), or the Khmer Rouge Tribunal as it is also called. Focusing on the representation of victims in crimes against humanity, victim participation and photographic images, the book engages with a range of debates and scholarship in law, feminist theory and cultural legal theory. Furthermore, by paying attention to a broader range of institutional practices, Figuring Victims makes an innovative scholarly contribution to the debates on the roles and purposes of international criminal justice.

Honourable Mentions

In light of the quality of scholarship contained within the nominations, the Committee would like to provide honourable mentions to two addtional works:

Kathy Bowrey, Copyright, Creativity, Big Media and Cultural Value: Incorporating the Author (Routledge, 2021)

Jennifer Balint, Julie Evans, Mark McMillan and Nesam McMillan, Keeping Hold of Justice: Encounters between Law and Colonialism (University of Michigan Press, 2020)