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13 Issues Legal Scholarship 1 (2015)

handle is hein.journals/iulesch13 and id is 1 raw text is: Gary Lilienthal* People Trafficking and Smuggling Crimes in Australia: A Critical Analysis of State Intent DOI 10.1515/ils-2016-0249 Received April 7, 2016; accepted September 8, 2016; previously published online October 8, 2016 Abstract: This article's objective is to expose the rhetorical source of the heavy irony in Australia's immigration detention regime. The observer might wonder why an isolated and vast land could be so concerned at, and afraid of, small groups of boat people. Therefore, the paper poses the question as to what reasoning and public policy purposes might underlie the successful public rhetoric vilify- ing boat people, creating the construct of people smuggling and demanding military operations to turn back the boats. It tries to correlate with a likely state desire to resurrect the old laws of attainder, civil death and outlawry, in order to create a slave-class of displaced migrants, for solely state interests and purposes. In addressing the question structurally, discussion begins with a brief look at the Australian law. Argument then concentrates on the originating negotiations in the international high councils. After this, the article looks at instances of people smuggling rhetoric in Canada, also addressing briefly the United States law. Then there is a section on modern rhetorical analysis, which argument tries to use to explain what might underlie these government methods. The paper briefs the reader on the old laws of civil death, outlawry and attainder in Australia, with a view to a contextual assessment as to whether they are really what underlie the draconian outcomes of Australia's human trafficking and people smuggling laws and policies. The research outcome will likely suggest that conveniences to the state such as efficiency in policing, removing likely political opposition from new arrivals, avoiding any dilution of the local culture and skirting unwanted interna- tional rights are most likely to be the real state intent. Keywords: attainder; civil death; human trafficking; outlawry; people smuggling; rhetoric; tropes. *Corresponding author: Gary Lilienthal, Associate Professor of Law, Symbiosis Law School, Symbiosis International University, Pune, India, e-mail: glilienthal@me.com DE GRUYTER Issues Leg. Scholarsh. 2015; 13(l): 1-28

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