The Value of Dissent: Lessons from the First Homosexual Movement

The Value of Dissent: Lessons from the First Homosexual Movement

‘Until my death, I will count it a credit to myself that on August 29, 1867, in Munich, I found the courage to stand eye to eye against a thousand-year-old, many-thousand-headed, furious-eyed hydra … Yes, I am proud that I found the strength to deliver the first thrust of a lance into the hydra of public contempt’.[1]

                  Karl Heinrich Ulrichs, 1868

Introduction

Dissent is a word often heard by law students. At its core, the word refers to the manifestation of ideas, acts and omissions ‘that are alternative to existing or proposed ones’.[2] Not merely confined to judges, dissent can be found in all facets of the law. Within parliament, for example, Members of Parliament and Senators have been seen to cross the floor, going against their own party’s policies. It is also apparent outside of legal institutions, such as when people protest on the streets for unpopular causes. To this day, the value of dissent in the law remains controversial. On the one hand, many see dissent as an unnecessary hindrance to unified action.[3] In some courts in overseas jurisdictions, in fact, dissenting judgements are prohibited altogether.[4] On the other, many see dissent as an essential part of contemporary democracy - a mechanism to ensure advancements and critical thinking within society.[5]

This post argues for the latter view. To contextualise the ways in which dissent is viewed, it firstly outlines two separate views on dissent. The first view is by Michael Kirby - a former High Court Justice from 1996-2009 - who argues that dissent is essential for transparency and democracy.[6] The second view is by Susan Kiefel - the former Chief Justice of the High Court from 2017-2023 - who argues that judicial dissent can harm the integrity of courts.[7] It then looks at the First Homosexual Movement in late 19th and early 20th century Germany to illustrate the idea that dissent within the law can contribute towards significant change. At a time in which homosexual acts carried prison sentences, a new group of gay emancipation figures had given rise to a reconceptualization of homosexuality which has since found widespread favour in various legal systems. The dissenting ideas of these figures, it is argued, remains a testament to the value that dissent holds within the law.

Read More

Toxic Traits of Media Platforms: Unmasking the Shadows of Algorithmic Culture

By Modesty Chang

Diversity & Wellbeing Subcommittee Member

Ever noticed how those quick, catchy TikTok videos seem to hook you in, one after another? "Share controversial opinions," they say. It's a tactic that gets clicks and keeps people engaged, but at what cost? Lies, scapegoating, over-exaggeration, and unrealistic standards bombard our mental health in 15-second bursts. And the worst part? Most of us don't even realize how we're being pulled into this consumerist vortex.

This phenomenon is a direct result of algorithmic culture — where algorithms dictate what we see based on what gets the most likes, shares, and views. Social media managers have become masters at playing this game, crafting posts that maximize engagement. The higher the engagement, the more likely the content gets pushed to a wider audience.[1]

But here's the catch: this system creates echo chambers. You end up seeing only what aligns with your existing beliefs, reinforcing your views without exposing you to diverse perspectives.[2] It's like living in a bubble where the same ideas bounce around, making it hard to see beyond your own little world.

 

The Misinformation Minefield

One of the nastiest side effects of algorithmic culture is the spread of misinformation. Algorithms prioritise content that grabs attention, even if it's not true. Remember that viral video by a YouTuber showing how fake celebrity news can be easily created and spread?[3] (Just in case you are wondering – the main character was Harry Styles – go check the video out!) It went viral for all the wrong reasons, highlighting how even reputable news platforms can get duped. They, too, fall into the trap of prioritising clicks and views over accuracy.

GeorgeMason TV. (2022). How I tricked the internet into thinking I was Harry Styles... https://www.youtube.com/watch?v=NhYCKep-yas&t=379s

This shows the profit-driven motives of tech companies. They control these algorithms to shape cultural narratives to their advantage, all while keeping the workings of these algorithms a secret.[4] This lack of transparency makes it hard to hold them accountable, creating a commercial black box that shields them from scrutiny.[5]

 

Moving Forward: The Path to Digital Literacy and the Online Safety Act 2021

So, what can we do about it? Promoting digital literacy is a start. We need to think critically about the content we consume. Be aware of the biases and values these algorithms might be embedding in what you see and hear.[6]

Enter the Online Safety Act 2021,[7] a game-changer in addressing the toxic traits of media platforms. This legislation holds tech companies accountable for the content they host, focusing on user safety and reducing harm. It pushes for transparency in how algorithms work and requires better content moderation. With these rules, platforms must take responsibility for curbing misinformation and breaking the cycle of echo chambers. By enforcing these standards, the act helps ensure that our digital world prioritizes truth and user well-being over mere clicks and profits.

In the end, while algorithms can enhance our online experiences, we must be vigilant about their potential to distort reality and manipulate our perceptions. By fostering digital literacy and demanding greater transparency, we can strive for a digital environment that values truth and fairness over clicks and profits.


[1] Metzler, H., & Garcia, D. (2023). Social Drivers and Algorithmic Mechanisms on Digital Media. Perspectives on Psychological Science. https://doi.org/10.1177/17456916231185057

[2] Talamanca, G & Arfini, S. (2022). Through the Newsfeed Glass: Rethinking Filter Bubbles and Echo Chambers. National Library of Medicine.

[3] GeorgeMason TV. (2022). How I tricked the internet into thinking I was Harry Styles... https://www.youtube.com/watch?v=NhYCKep-yas&t=379s

[4] Kopelman, S., & Frosh, P. (2023). The “algorithmic as if”: Computational resurrection and the animation of the dead in Deep Nostalgia. New Media & Society. https://doi.org/10.1177/14614448231210268

[5] Hristova, S et al. (2022). Algorithmic Culture: How Big Data and Artificial Intelligence are Transforming Everyday Life. New York Lanham.

[6] Tsamados, A; Aggarwal, N; Cowls, J et al. (2021). The ethics of algorithms: key problems and solutions. AI & Soc. https://doi.org/10.1007/s00146-021-01154-8

[7] Online Safety Act 2021 (Cth).

Let's Talk Stress: Five Tips in Keeping Physically and Mentally Fit!

By Libby Wilkins

Diversity & Wellbeing Subcommittee Member


“It’s a marathon, not a sprint.”


We’ve all heard it. This ‘well-utilised’ statement is typically offered by our superiors to remind us to pace ourselves in our study habits, particularly in the early days when we’re finding our feet.

While many of us would agree that ‘sprinting’ early on in our studies can result in heightened fatigue, a sense of overwhelm, and loss of motivation (i.e., burnout!)[1], running a ‘marathon’ isn’t any ‘walk in the park’.

So, how do we go about this? How can we make our law journey more maintainable on this long and arduous path?

The answer… maintaining our physical and mental wellbeing!

This is probably another piece of advice you’ve heard before… but it actually holds significant weight (stay with me here)! Australian and International data has found that there is a clear correlation between poor self-care and heightened psychological distress amongst uni students.[2] So, keeping a fit and healthy body must promote improved mental health.

Let’s get physical and strive for better mental and physiological fitness. Here are my top five self-care tips:

 

(1) Get Moving

As cliché as it is, staying physically active is the key to optimal self-wellbeing. It doesn’t need to be a pumping HIIT workout. It can be as simple as going on a brisk 30-minute walk. Personally, I find that getting up bright and early each day for an hour-long walk is idyllic. Walking in the morning sun helps improve brain health and gives you that natural boost of energy.[3] Plus, a regular walking routine can help set your natural circadian rhythm (that is, setting a sleep pattern). [4]

 

(2) Socialise

Having our own space is important (trust me, as a secret introvert I get it). But, staying connected and communicating with other people is also essential in maintaining mental wellness. Staying connected doesn’t require you to do anything grand. It can be as simple as grabbing a coffee with a friend, giving your relatives a call, or even going along to one of the UQLS’ many social events. Start making those connections NOW!

 

(3) Eating well (and eating good)

While we all know that maintaining a nutritious diet is key to optimal physical health, enjoying your favourite foods is also important. I find that the 80/20 method is perfect in staying physically fit, whilst also giving myself the opportunity to splurge on my favourite treats. With ANZAC Day just past, try out my spin on the Day’s classic – chewy ANZAC biscuits with choc-chips. PSA – for my international friends, ANZAC Day is where Australian and New Zealanders commemorate our fallen servicemen and recognise our armed forces. Try them out!

 

(4) Sleep

I cannot stress this enough. Sleep should definitely be up on your priority list. Whilst getting good sleep won’t necessarily give you more ‘awake’ time, it does give you far better use of the ‘awake’ time that you actually have.[5] I recommend going to bed at a reasonable hour (no later than 10pm), setting a consistent sleep schedule (hint: go on an early morning walk – see Tip 1!), and be firm with your priorities – your seminar prep can certainly wait until the morning.

 

(5) Breathe

Sit straight. Close your eyes and start focussing on your breathing. Feel the air come in through your nose and out through your mouth. Inhale for 4 seconds through your nose, feeling your ribs expand. Hold for 7 seconds. Then exhale out through your mouth for 8. Repeat 10 times.

Doing this simple exercise just once a day can make a world of difference. It might sound silly, but observing your breathing can relieve stress and open your body to a more mindful lifestyle.[6]

 

We all share the same one goal – we want to get through law school. Let’s get through this ‘marathon’ the best way we can.

You’ve got this!


[1] ‘How Much Studying Is Too Much: Effects Of Overstudying & How To Prevent It’, Scholars (Web Page, 24 January 2024) <https://www.scholarsed.com/effects-of-overstudying/>.

[2] Vivienne Browne, Jonathan Munro, Jeremy Cass, ‘The Mental Health of Australian University Students’ (2005) 50 Journal of the Australian and New Zealand Student Services Association 51, 51.

[3] ‘9 health benefits of a morning walk’, IRT (Web Page, 20 July 2022) < https://www.irt.org.au/the-good-life/9-health-benefits-of-a-morning-walk/>.

[4] Ibid.

[5] Andrew Ayers, ‘Prioritize Sleep: A Good Way To Make Sure You Stay Healthy’, Andrew M Ayers (Web Page) <https://www.andrewmayers.com/blog/prioritize-sleep-a-good-way-to-make-sure-you-stay-healthy-.cfm#:~:text=As%20they%20point%20out%2C%20%E2%80%9CGetting,to%20blue%20light%20at%20night>.

[6] ‘Breath meditation: A great way to relieve stress’, Harvard Health Publishing (Web Page, 15 April 2014) <https://www.health.harvard.edu/mind-and-mood/breath-meditation-a-great-way-to-relieve-stress>.