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Published in:
Legal Cultures: Combining Diversity and Structure Read chapter Read first chapter

2023 | OriginalPaper | Chapter

An Introduction to Australian Legal Culture

Author : Tina Soliman Hunter

Published in: Handbook on Legal Cultures

Publisher: Springer International Publishing

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Abstract

This chapter examines the unique legal history of Australia and how it has contributed to the existing legal culture. Necessarily, it also considers the impact of the colonies on Australian legal culture, especially the nine separate legal systems that have developed and, for a time, a tenth legal system on an island inhabited by descendants from the crew of The Bounty, which mutinied in April 1789. Included in this analysis is a consideration of the scope and development of federal constitutional powers and their impact on legal culture. The chapter considers the role and nature of dispute resolution in Australian courts, including the use of alternative dispute resolution, particularly negotiation. Norm production is considered through an analysis of the Australian Constitution, the role of judicial decisions as precedent, and statutes as legal norms. It also considers the features unique to common law, including equity and good faith. Of course, a consideration of Australian legal culture would not be complete without an analysis of the legal profession, including legal education and professional qualification, which are covered in detail. Given the multiple legal jurisdictions in Australia, this chapter also considers the nationalisation and internationalisation of law as part of the development of Australia’s legal culture.

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previous chapter Legal Culture: Ideas of and Expectations to Law Made Operational by Institutional(-Like) Practices
next chapter An Introduction to Austrian Legal Culture
Footnotes
1
For a discussion on the distinction between settled land and conquered land according to Blackstone’s Principles, see Australian Law Reform Commission (1986), chapter 5.
 
2
As at November 2022. See ‘Australian Population’, Worldometer, available at https://​www.​worldometers.​info/​world-population/​australia-population/​.
 
3
The prevailing view of aborigines at the time is typified by the report of James Mantra on the Endeavour, who write in his report A Proposal for Establishing a Settlement in New South Wales that it was ‘peopled only by a few black inhabitants, who, in the rudest state of society, know no other arts than such as were necessary to their mere minimal existence, and which was almost entirely sustained by catching fish’. See Mantra (1783). The indigenous legal system will be addressed in section 4 where a consideration of indigenous legal norms is made.
 
4
Millirrpum v Nabalco Pty Ltd (1971) 17 FLR 141, 201.
 
5
The origins and legal traditions of each colony will be addressed in Sect. 2 below.
 
6
Maxwell-Stewart (2016).
 
7
Convict Discipline and Transportation. Further correspondence on the subject of convict discipline and transportation, House of Commons Parliamentary Papers Online, p. 251; Vanden Driesen (1986), p. 67.
 
8
For an account of French interest in Perth (and Western Australia), see Johnston (2015).
 
9
South Australia Land Company (1831).
 
10
New South Wales, Moreton Bay (Brisbane, and later to become Queensland), Port Phillip (Melbourne, to become Victoria), Van Diemen’s Land (Tasmania), Adelaide (South Australia), and Perth (Western Australia).
 
11
Prosecution Project, New South Wales Court: Early Justice (2017), available at https://​prosecutionproje​ct.​griffith.​edu.​au/​other-resources/​new-south-wales-courts/​.
 
12
Governors are Captain Arthur Phillip (1788–1792); Captain John Hunter (1795–1800); Captain Phillip John Gidley King (1800–1806); Captain William Bligh (1806–1808 – removed from office by the NSW ‘Rum’ Corp); Colonel Lachlan Macquarie (1810–1821).
 
13
State Library of New South Wales, From Terra Australis to Australia: The 1808 ‘Rum’ Rebellion (n.d) https://​www.​sl.​nsw.​gov.​au/​stories/​terra-australis-australia/​1808-rum-rebellion.
 
14
Act to provide for the administration of justice in New South Wales and Van Diemen’s Land and for the more effectual government thereof. ‘Imp’ is the standard abbreviation for Imperial in citing legislation and refers to legislation passed by the British parliament as Imperial Parliament.
 
15
Section 24.
 
16
It is important to note that during this period the colonies of Victoria and Queensland have not yet been established and were still part of the colony of New South Wales. Victoria became a separate colony in 1851, and Queensland in 1859. Therefore, since they were part of the colony of New South Wales at the time of the Australia Courts Act in 1828, broadly the reception of English statute law into these jurisdictions dates back to 1828, with the reception of common law in 1788, the same as New South Wales and Van Diemen’s Land. The date of establishment of the Western Australian Colony (1 June 1829) is deemed to be the date of reception of both common law and statute law, as set out under s73 of the Interpretation Act 1984 (WA). Similarly, s3 of the 1872 Act (SA) recognises 28 December 1836 as the date of founding of the Province of South Australia, and therefore the date of reception of English common law and English statute law into South Australia.
 
17
Sections 2,3 and 4 of the Colonial Laws Validity Act 1865 (Imp).
 
18
It is important to note that the colonies’ industries differed. New South Wales and Western Australia were largely wheat/sheep producers, with gold mining beginning to play some part in the economy towards the end of the century. Meanwhile, Victoria had established a strong manufacturing base.
 
19
Such legislative authority is outlined in s2 of the Federal Council of Australasia Act 1885 (UK) and includes laws relating to letters patent, the naturalisation of aliens of European descent, the status of corporations and joint stock companies, the recognition of supreme court decisions from other colonial jurisdictions in Australia and compelling the Supreme Court of a colony to produce a document.
 
20
Hence the reason why the Constitution Act 1900 of the Commonwealth of Australia’s preamble, as part of the Commonwealth Constitution, which received assent on 9 July 1900, reads: ‘Whereas the people of New South Wales, Victoria, South Australia, Queensland and Tasmania, humbly relying on the blessing of almighty god, have agreed to unite in one indissoluble Federal Commonwealth under the Crown of the United Kingdom of Great Britain and Ireland.’ Note that Western Australia is not mentioned in the preamble, although s3 of the Constitutions includes Western Australia (if Her Majesty is satisfied that the people of Western Australia have agreed to include it).
 
21
Thompson (2001).
 
22
Ibid.
 
23
Heatley and Nicholson (1989), p. 27.
 
24
Northern Territory Act 1863 (SA).
 
25
As well as several failed attempts of settlement in 1824, 1828, and 1838.
 
26
Section 122.
 
27
‘S’ is the standard abbreviation for section when citing legislation.
 
28
The Northern Territory National Emergency Response was an alteration to the law and provision of welfare services, and land tenure in response to an alleged increase in sexual abuse and neglect in the Northern Territory, although no cases of sexual abuse have been prosecuted. It included bans on alcohol, pornography and quarantining of welfare payments. Most worrying, it removed customary law and cultural practice considerations from criminal bail applications and sentencing hearings.
 
29
The commonwealth government and the Northern Land Council reached an agreement on mining in Kakadu in the 1970s, with the first mine opening in 1980, and the national park in 1981.
 
30
‘Cth’ is the standard abbreviation for Commonwealth in citing legislation.
 
31
Section 125 of the original Australian Constitution stated: ‘The seat of Government of the Commonwealth shall be determined by the Parliament, and shall be within territory which shall have been granted to or acquired by the Commonwealth, and shall be vested in and belong to the Commonwealth, and shall be in the State of New South Wales, and be distant not less than one hundred miles from Sydney. Such territory shall contain an area of not less than one hundred square miles, and such portion thereof as shall consist of Crown lands shall be granted to the Commonwealth without any payment therefor. The Parliament shall sit at Melbourne until it meets at the seat of Government.’
 
32
In 2007, Casley sought leave to appeal to the High Court of Australia over a taxation decision in the Federal Court, which had ruled that Hutt River Province was not separate to Australia and was subject to Commonwealth taxation. See Casley v Commissioner of Taxation [2017] HCA Trans 590 (4 October 2017); Deputy Commissioner of Taxation v Casley [2017] WASC 161.
 
33
Act to provide for the administration of justice in New South Wales and Van Diemen’s Land and for the more effectual government thereof.
 
34
Section 71. Under s75 of the Australian Constitution, original jurisdiction confers upon the court jurisdiction over all matters arising in relation to treaties, disputes between states or states and the Commonwealth, and consular matters.
 
35
Section 73.
 
36
Australian Constitution, s73(ii).
 
37
Australian Constitution, s77(i) and (ii).
 
38
Australian Constitution, s77(iii).
 
39
Re Wakim; Ex Parte McNally (1999) 198 CLR 511.
 
40
The tribunals are numerous for each jurisdiction. For example, in Tasmania, the tribunals include the Anti-Discrimination Tribunal, Asbestos Compensation Tribunal, Health Practitioners Tribunal, Mental Health Tribunal, Mining Tribunal, Motor Accident Compensation Tribunal, Resource Management and Planning Appeal Tribunal, and Workers Compensation and Rehabilitation Tribunal. In addition, most jurisdictions have a ‘general’ Tribunal that hears petty civil matters, for example the Queensland Civil and Administrative Tribunal (QCAT), Administrative Decisions Tribunal (NSW), Victorian Civil and Administrative Tribunal (VCAT), South Australian Civil and Administrative Tribunal (SACAT), State Administrative Tribunal (WA), and Administrative Appeals Tribunal (Tas).
 
41
The decision to recuse lies with the judge. There have been a number of instances where a justice has recused himself, such as Justice Stephen Gageler in the case Commonwealth v Australian Capital Territory (2013) 250 CLR 441. In addition, there have been arguments where a justice was accused of apprehension of bias and requested to recuse himself: after controversy and public debate, Justice Ian Callinan recused himself from the Hindmarsh Island Bridge Act Case (Kartinyeri v The Commonwealth (1998) 195 CLR 337).
 
42
Section 73.
 
43
Section 75.
 
44
Section 37.
 
45
Attorney-General’s Department, ‘Structural Reform of the federal courts’ (2022) https://​www.​ag.​gov.​au/​legal-system/​courts/​structural-reform-federal-courts.
 
46
Section 71 and 77.
 
47
New South Wales v Commonwealth (1915) 20 CLR 54.
 
48
R v Kirby; Ex Parte Boilermakers’ Society of Australia (1956) 94 CLR 254.
 
49
Part 28.
 
50
Section 6.
 
51
Mack (2003), p. 7.
 
52
Section 97(4). ‘Qld’ is the standard abbreviation for Queensland in citing legislation.
 
53
Section 102(1).
 
54
‘NSW’ is the standard abbreviation for New South Wales in citing legislation.
 
55
See Sect. 2.2 above for an overview of the federation.
 
56
The case New South Wales v Commonwealth (1990) 169 CLR 482 confirmed that the ‘Corporations Power’ extends only to those corporations that have already been formed. Therefore, the regulation of the formation of corporations falls to the states.
 
57
Section 51(xxxviii) of the Constitution—for example, the formation of corporations was referred by each state to the Commonwealth, to be regulated alongside the ‘Corporations Power’, and the Corporations Act was created in 2001.
 
58
Section 51(xxxix) of the Australian Constitution.
 
59
Section 122.
 
60
For example, s2 of the Constitution of Queensland 2001 (Qld), and s5 of the Constitution Act 1902 (NSW).
 
61
Sections 51 and 52 of the Australian Constitution.
 
62
Although the provision of medical services is regulated by the state, there is a Commonwealth health system (Medicare) that was established under s51(xxiiiA), an alteration to the Commonwealth Constitution by referendum in 1946. This enables the Commonwealth to establish and operate the Medicare Scheme, but not the operation of hospitals throughout Australia.
 
63
Section 109 of the Australian Constitution.
 
64
Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (1920) 28 HCA 129.
 
65
Section 51(xxxv) of the Australian Constitution.
 
66
D’Emden v Pedder (1904) 1 CLR 91); Deakin v Webb (1904) 1 CLR 585; and Federal Amalgamated Government Railway and Tramway Service Association v NSW Rail Traffic Employees Association 1906) 4 CLR 488 (Railway Servants Case).
 
67
Mason (2003).
 
68
Section 51.
 
69
Specified in the Australian Constitution 51 (i) as trade and commerce with other countries and among the states.
 
70
Sections 51(xxix) of the Australian Constitution.
 
71
W & A McArthur Ltd v Queensland (1920) 28 CLR 530.
 
72
Wragg v New South Wales (1953) 88 CLR 353.
 
73
Airlines of New South Wales Pty Ltd v New South Wales (No. 2) (1965) 113 CLR 54.
 
74
Murphyores Incorporated Pty Ltd & Anor v The Commonwealth of Australia & Anor (1976) 136 CLR 1.
 
75
R v Sharkey (1949) 79 CLR 121.
 
76
Koowarta v Bjelke-Petersen (1982) 153 CLR 168.
 
77
Polyukhovich v Commonwealth (1991) 172 CLR 501.
 
78
XYZ v Commonwealth (2006) 227 CLR 532.
 
79
New South Wales v Commonwealth (1975) 135 CLR 337.
 
80
Almost 3,200 applications for special leave were lodged in 2019. Special leave refers to an application to the HCA for a case to be heard. The HCA does not hear every case that is sent to the HCA, and applications for special leave (both civil and criminal) are usually heard by a panel of three Justices.
 
81
The HCA decided 53 cases in 2016; 56 cases in 2017; 64 cases in 2018; 50 cases in 2019; 48 cases in 2020, and 43 cases in 2021. The decline in cases decided in 2020 and 2021 is attributable to multiple lockdowns associated with the COVID-19 pandemic and its impact on court hearings.
 
82
See Corkery (2002), p. 134.
 
83
Kirby (2000), p. 101.
 
84
Jackson (2001).
 
85
Williams (1999).
 
86
Commonwealth v Bank of NSW (1949) 79 CLR 497 at 639.
 
87
D’Emden v Pedder (1904) 1 CLR 91.
 
88
Singleton et al. (2003), p. 45.
 
89
Amalgamated Society of Engineers v Adelaide Steamship Co. Ltd (1920) 28 CLR 129.
 
90
Argus 1 September 1920.
 
91
Ely and Ely (1986), p. 114.
 
92
Murphy (1980), p. 6.
 
93
Fox v Robbins (1909) 8 CLR 115.
 
94
James v Cowan (1936) 47 CLR 386, although overturned on appeal to the Privy Council.
 
95
Commonwealth v Bank of New South Wales (1949) 79 CLR 497.
 
96
Buck v Bavone (1976) 135 CLR 110.
 
97
Ibid 132.
 
98
Cole v Whitfield (1988) 165 CLR 360.
 
99
Fox v Robbins (1909) 8 CLR 115.
 
100
Cole v Whitfield (1988) 165 CLR 360 at 402, per Mason J.
 
101
See Sect. 5.5 for a consideration of judicial activism in Australia.
 
102
States and territories, although no longer Norfolk Island.
 
103
Source: AustLII Database: Commonwealth Legislation (calculated by Author).
 
104
 Gerber, Paul (Senior Member Administrative Appeals Tribunal (Australia)), ‘I suspect that if a million monkeys were put in front of a million typewriters, by Wednesday one of them would have come up with an improved version of the [Australian] Income Tax Act.’ Quoted in: Burns, Lee and Krever, Richard, ‘Individual Income Tax’ (in Thuronyi (ed.)) Tax Law Design and Drafting (Volume 2) (International Monetary Fund, Washington, 1998) Chapter 14.
 
105
Professor Terrence Daintith described the predecessor to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth), the Petroleum (Submerged Lands) Act 1967 (Cth), a small 630-page tome) as ‘old, fat and ugly, and not likely to score highly in a legislative beauty contest”; see Daintith (2000), p. 92.
 
106
A list of reprints is found on pages 716–720 of the legislation. For example, the legislation was reprinted in January, March, April, May, June, July, and September 2011.
 
107
Transcript of Proceedings, Supreme Court of Queensland 22 September 2006, 14–15.
 
108
Section 15AA.
 
109
Acts Interpretation Act 1901 (Cth) s15AB.
 
110
Criminal Code Act 1899 (Qld).
 
111
Criminal Code Act 1902 (WA) and the Criminal Code Act Compilation Act 1913 (WA).
 
112
Criminal Code Act 1924 (Tas).
 
113
Criminal Code Act 1983 (NT).
 
114
Criminal Code Act 2002 (ACT).
 
115
Criminal Code Act 1995 (Cth).
 
116
As an example, for selected speeches of the current Chief Justice of the High Court of Australia, Susan Kiefel, see https://​www.​hcourt.​gov.​au/​publications/​speeches/​current/​speeches-by-chief-justice-kiefel-ac.
 
117
Mack et al. (2018), p. 30.
 
118
Mabo and Others v Commonwealth (No. 2) (1992) 175 CLR 1.
 
119
Section 223 and 225.
 
120
Australian Capital Television v Commonwealth (1992) 177 CLR 106.
 
121
Jackson (2001), p. 1; Australian Constitution, s71, s73, ss75–6.
 
122
Soloman (1999), p. 7.
 
123
Section 72.
 
124
Victoria Stevedoring & General Contracting Co. Pty Ltd v Dignan (1931) 46 CLR 73.
 
125
Patapan (2000), p. 157.
 
126
Ibid., pp. 157–158.
 
127
Victoria Stevedoring & General Contracting Co. Pty Ltd v Dignan (1931) 46 CLR 73 at 115–6.
 
128
R v Kirby: Ex Parte Boilermakers’ Society of Australia (1956) 94 CLR 254.
 
129
Found in Clause 1 of the Magna Carta.
 
130
MSC Mediterranean Shipping Co v Cottonex Anstalt [2015] EWHC 283 (Comm) 12 February 2015.
 
131
Bhasin v Hrynew (2014) SCC 71.
 
132
Berder and Arntz (2016), p. 167.
 
133
Section 31(1)(b).
 
134
Workplace bargaining must meet the good faith requirements required in Division 8 of the Fair Work Act 2009 (Cth) and is an overarching principle of the legislation, as set out in the objects in s 3 of the Act.
 
135
Section 18E of the Farm Debt Mediation Act 1994 (NSW) requires the parties to engage in mediation in good faith.
 
136
Expert Panel (2018), p. 5.
 
137
Australian Government, ‘Australian Government Response to the Religious Freedom Reviews’ (2018), p. 4. Available at https://​www.​ag.​gov.​au/​RightsAndProtect​ions/​HumanRights/​Documents/​Response-religious-freedom-2018.​pdf.
 
138
Matthew Doran, ‘Religious Discrimination Act to form part of Coalition Election Platform’, ABC News 13 December 2018, available at https://​www.​abc.​net.​au/​news/​2018-12-13/​religious-discrimination-act-to-form-part-of-coalition-election/​10613608.
 
139
Liveris (2021).
 
140
Branson (2008).
 
141
Kirby (2000), p. 101.
 
142
Sunstein (1996), p. 10.
 
143
Ibid., pp. 10–11.
 
144
Ibid., p. 90.
 
145
Ibid., p. 26.
 
146
Ely and Ely (1986), p. 114.
 
147
Murphy (1980), p. 6.
 
148
Dworkin (1978), chapter 3.
 
149
Ibid.
 
150
Sunstein (1996), pp. 48–50.
 
151
Kirby (2003), lectures 1–4.
 
152
Ibid., p. 3.
 
153
Tasmania v Commonwealth (The Tasmanian Dam Case) (1983) 158 CLR 1.
 
154
Section 51(xxix).
 
155
Section 90.
 
156
Section 51(xxxi).
 
157
Queensland v Commonwealth [no. 2] (1992) 175 CLR 1.
 
158
Millirrpum v Nabalco Pty Ltd (1971) 17 FLR 141.
 
159
Cole v Whitfield (1988) 165 CLR 360.
 
160
As defined by Kirby (2000), p. 96.
 
161
Such decisions included Brown v Board of Education of Topeka (1954) 347 US 483; and Miranda v Arizona, (1966) 384 US 436.
 
162
Chief Justice Gleeson, ‘Ceremonial Sitting – Swearing in of the Chief of Justice the Hon. Anthony Murray Gleeson CJ Ac COO/1998’, 25 March 2004.
 
163
Ibid 4.
 
164
Kirby (1997), p. 245
 
165
Kirby (2000), p. 120.
 
166
State Government Insurance Commission v Trigwell (1979) CLR 617, at 633, per Justice Mason.
 
167
Minister for Ethnic Affairs v Teoh (1995) 183 CLR 273.
 
168
Ibid, at 288 per Chief Justice Mason and Justice Deane.
 
169
Fay v Ocean Sun Line Special Shipping Company (1988) 165 CLR 195 at 252 per Deane J.
 
170
Chief Justice Brennan ‘Ceremonial Sitting – Swearing in of Brennan CJ Coo/1995’, available at https://​www.​hcourt.​gov.​au/​assets/​publications/​speeches/​former-justices/​brennanj/​brennanj_​swearing.​htm.
 
171
M Kirby, ‘Speech on the Occasion of his swearing in and welcome as a Justice of the High Court of Australia’, available at http://​www.​austlii.​edu.​au/​cgi-bin/​sinodisp/​au/​other/​speeches/​kirby_​swear.​html?​stem=​0&​synonyms=​0&​query=​~%20​swearing%20​in%20​kirby.
 
172
Kirby (2003), lecture 3, p. 1.
 
173
Re Residential Tenancies Tribunal of NSW; Ex Parte Defence Housing Authority (1997) 190 CLR 410.
 
174
Simon Travers, ‘Justice on trial in the High Court’, available at http://​pandora.​nla.​gov.​au/​pan/​10449/​19960630/​member12/​HCOURT1.​HTM AT 18.3/2004.
 
175
Hayne (2001), p. 13.
 
176
Callinan (1994).
 
177
Ibid., p. 3.
 
178
Heydon (2003).
 
179
During the Liberal Party’s tenure in government, four justices were appointed: Justice Gordon (retirement 2034), James Edelman (retirement 2044), Simon Steward (retirement 2039), and Jacqueline Gleeson (retirement 2036).
 
180
Law Society of New South Wales, ‘2018 National Profile of Solicitors’ (2019), available at https://​www.​lawsocietywa.​asn.​au/​wp-content/​uploads/​2015/​10/​2018-National-Profile-of-Solicitors-Final-Report.​pdf.
 
181
Council of Australian Law Deans (CALD), ‘Data regarding law school graduate numbers and outcomes’ (2017), available at https://​cald.​asn.​au/​wp-content/​uploads/​2017/​11/​Factsheet-Law_​Students_​in_​Australia.​pdf.
 
182
Such as Central Queensland University and the University of Southern Queensland.
 
183
A ‘sandstone university’ is an old, traditional university in Australia, with initial buildings usually constructed from sandstone, hence the name. The sandstone universities are the University of Sydney, University of Melbourne, Australian National University, University of Queensland, University of Western Australia, University of Adelaide, Monash University, and University of New South Wales.
 
184
In 2019, the University of Melbourne Law school was ranked seventh in the world, the University of NSW was ranked 31st, the University of Sydney was ranked 33rd, and Australian National University was ranked 42nd; Times Higher Education, World University Rankings (2019), available at https://​www.​timeshighereduca​tion.​com/​world-university-rankings/​2019/​world-ranking.
 
185
See Bond University, ‘Masters of Laws’, available at https://​bond.​edu.​au/​intl/​program/​master-laws.
 
186
A Professor at the University of Western Australia was equal to an Associate professor at other Australian Universities, an Associate Professor was equivalent to Senior Lecturer, Assistant Professor equal to Level B Lecturer. See http://​www.​news.​uwa.​edu.​au/​201502127345/​academic/​academic-titles-uwa.
 
187
Section 51(xxiv).
 
188
Lord Justice Aiken, Commercial and Estates Company of Egypt v Board of Trade, [1925] 1KB 271, 295.
 
189
Koowarta v Bjelke-Petersen (1982) 153 CLR 168.
 
190
Kirby (2000), p. 137.
 
191
Ibid., p. 139.
 
192
Queensland v Commonwealth [Mabo No. 2] (1992) 175 CLR 1.
 
193
Kirby (2000), p. 137.
 
194
Minister for Ethnic Affairs v Teoh (1995) 183 CLR 273.
 
195
Edgar and Thwaites (2018), p. 291.
 
196
Kirby (2000), p. 138.
 
197
See for instance Rogerson v Australia (2002) UN Human Rights Committee Communication No. 802/1998 (CCPR/C/74/802/1998) and Madafferi v Commonwealth (2004) UN Human Rights Committee Communication No. 1011/2001 (CCPR/C/81/D/1011/2001).
 
198
Toonen v Australia (1994) UN Human Rights Committee Communication No. 488/1992 (CCPR/C/50/C/488/1992).
 
199
Article 9 (1).
 
200
Section 109.
 
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Metadata
Title
An Introduction to Australian Legal Culture
Author
Tina Soliman Hunter
Copyright Year
2023
Book
Handbook on Legal Cultures

Print ISBN: 978-3-031-27744-3

Electronic ISBN: 978-3-031-27745-0

Copyright Year: 2023

DOI
https://doi.org/10.1007/978-3-031-27745-0_3