In 2007 th eAustralian government declared that remote Aboriginal communities were in crisis and launched the Northern Territory Intervention.

Aboriginal Australians have traditionally enjoyed little protection from the law. The matter of land has been at the heart of white settler/Aboriginal relations since the nation was first founded. It is only recently that recognition has been given to the land rights of Australian indigenous people. This recognition was finally made at the property law level in 1992 through the High Court decision in Mabo v. Queensland (n. 2) ([1992] 175 CLR 1). The 1993 High Court decision (...) in The Wik Peoples v. Queensland ([1996] 71 ALJR 173) reinforced that recognition. It did so through the principle that pastoral lessees' and native title holders' rights might co‐exist except that, in the event of any inconsistency, the pastoralists' rights were to prevail, provided pastoral activity was being pursued. The most recent legal change is the parliamentary revision of the Native Title Act so that the Wik co‐existence principle was put to rest, mainly through permitting the State governments to upgrade pastoral holdings to a form of freehold, thus immunising them from native title claims, and minimising the payment of compensation. In this paper we argue that the country must consider what has been lost in this about‐turn from the recognition of native title to land in Mabo. We argue that the nation must consider the emphases in the Mabo judgments upon the significance of international law and the need for the common law not to be locked into a racist past. From that point, we contend for the need to recognise not only native title to land but what lies beyond that: indigenous political and human rights. (shrink)

In this article I examine the political relations between Aboriginal communities and government in the development of Australian Aboriginal health policy. How do government policymakers interpret the concept of Aboriginal self-determination? What does reconciliation mean in the context of Aboriginal health? The article is based on 12 months of ethnographic research in southeast Australia with key stakeholders in the Aboriginal community-controlled health sector as well key stakeholdes in regional, state, and national (Commonwealth) (...) class='Hi'>government. The research was a response to the call for anthropologists to engage in ethnographic studies of colonial relations.1 I argue that although Australian health policy today is premised on community-government partnerships, contemporary relationships are still, fundamentally, rooted in and informed by Australia’s colonialist history with all of its attendant institutions, structures, and practices. (shrink)

This paper focuses on a water management project in the remote Aboriginal community of Milingimbi, Northern Australia. Drawing on materials and experiences from two distinct stages of this project, we revisit a policy report and engage in ethnographic storytelling in order to highlight a series of sensing practices associated with water management. In the former, a working symmetry between Yolngu and Western water knowledges is actively sought through the practices of the project. However, in the latter, recurrent asymmetries in (...) the research work continue to appear: a bilingual diagram of water usage is displayed but produces confusion; measuring a water hole for salinity, a member of the scientific team throws in a water meter, while a Yolngu elder prefers the telling of an ancestral story; a collaborative 3-D mapping exercise invites participation from community members but struggles to develop an outcome that differs from existing maps used by scientists and government staff. Focusing on these moments as subtle points of rupture, we suggest that attending to “seeing,” “telling,” and “mapping” in both stages of this water management project offers a way to explore the political work of crafting climate futures and beginning to interrogate differing means for “doing difference” within them. (shrink)

Comparative political theory is at best an embryonic and marginalized endeavor. As practiced in most Western universities, the study of political theory generally involves a rehearsal of the canon of Western political thought from Plato to Marx. Only rarely are practitioners of political thought willing (and professionally encouraged) to transgress the canon and thereby the cultural boundaries of North America and Europe in the direction of genuine comparative investigation. Border Crossings presents an effort to remedy this situation, fully launching a (...) new era in political theory. Thirteen scholars from around the world examine the various political traditions of West, South, and East Asia and engage in a reflective cross-cultural discussion that belies the assumptions of an Asian "essence" and of an unbridgeable gulf between West and non-West. The denial of essential differences does not, however, amount to an endorsement of essential sameness. As viewed and as practiced by contributors to this ground-breaking volume, comparative political theorizing must steer a course between uniformity and radical separation--this is the path of "border crossings.". (shrink)

The political and social reaction to the ‘refugee crisis’ in Australia cannot be solely understood in purely geo-political or economic terms. Neither can the persistence of racism in Australian political culture be explained in terms of its electoral advantage. This article contends that the racist attitudes of the Australian Liberal Government, and John Howard in particular, hide deeper unconscious processes that are historically embedded in the national imaginary. These unconscious processes are manifested in the invasion complex which lies just (...) below the surface of Australia’s political culture. (shrink)

"Australian legislation and military doctrine stipulate that soldiers ‘subjugate their will’ to" "government, and fight in any war the government declares. Neither legislation nor doctrine enables the conscience of soldiers. Together, provisions of legislation and doctrine seem to take soldiers for granted. And, rather than strengthening the military instrument, the convention of legislation and doctrine seems to weaken the democratic foundations upon which the military may be shaped as a force for justice. Denied liberty of their conscience, soldiers (...) are denied the foundational right of democratic citizenship and construed as utensils of the State. This article critiques the idea of moral agency in Australian legislation and military doctrine and is concerned with the obligation of the State to safeguard the moral integrity of individual soldiers, so soldiers might serve with a fully formed moral assurance to advance justice in the world. Beyond its explicit focus on the convention of Australian thought, this article raises questions of far-reaching relevance. The provisos of Australian legislation and doctrine are an analogue of western thinking. Thus, this discussion challenges many assumptions concerning military duty and effectiveness. Discussion will additionally provoke some reassessment of the expectations democratic societies" "hold of their soldiers.". (shrink)

Dynamic Consent is both a model and a specific web-based tool that enables clear, granular communication and recording of participant consent choices over time. The DC model enables individuals to know and to decide how personal research information is being used and provides a way in which to exercise legal rights provided in privacy and data protection law. The DC tool is flexible and responsive, enabling legal and ethical requirements in research data sharing to be met and for online health (...) information to be maintained. DC has been used in rare diseases and genomics, to enable people to control and express their preferences regarding their own data. However, DC has never been explored in relationship to historical collections of bioscientific and genetic heritage or to contexts involving Aboriginal and Torres Strait Islander people.In response to the growing interest by First Peoples throughout Australia in genetic and genomic research, and the increasing number of invitations from researchers to participate in community health and wellbeing projects, this article examines the legal and ethical attributes and challenges of DC in these contexts. It also explores opportunities for including First Peoples' cultural perspectives, governance, and leadership as a method for defining DC on cultural terms that engage best practice research and data analysis as well as respect for meaningful and longitudinal individual and family participation. (shrink)

Like the American system ours is federal: i.e., there are two levels of government, neither of which can change the powers of the other or make laws within certain fields assigned to the other. The British system is 'unitary': the British parliament can make laws on any matter, local government has whatever powers the national government delegates to it. Like the British, ours is a system of responsible government . The Government (the Prime Minister and (...) cabinet) is 'responsible' to parliament. This means that at any time, simply by vote of no confidence, carried on whatever grounds, the parliament can remove the Government from office or force it to call an election. In the American system the head of the executive Government, the President, cannot be removed by the Congress (except by impeachment, which requires a kind of trial). As in the British system, a general election can be called at any time (by the Governor General, on the advice of the Prime Minister). There is a maximum term by which an election must be called, but an election can be held short of term. This makes the parliament responsible to the electorate -- for example, if Government policy that has general community support is blocked by the opposition or minor parties, the Government can appeal to the electorate. In the American system the terms of office of the House of Representatives, Senate, and President are all 'fixed', so that an early election cannot be held. If a President dies or resigns, the Vice President serves out the remaining part of his term. There are no circumstances in which the American President can dissolve Congress and call an early election. The U.S. constitution has separation of powers , i.e., the members of the Executive (in our terms, the Government) do not have seats in Congress or participate in its sessions, and they are not removable by Congress and cannot dissolve Congress. The Judiciary is also separate from both Executive and Congress (though judges are appointed by the Senate on the nomination of the President, and can in exceptional cases be removed).. (shrink)

Over the last few years, I have attended several political meetings concerned with the refugee crisis, multiculturalism or Indigenous rights in Australia, meetings at which liberal democratic–minded ‘left-wing’ people came together to discuss, or agitate for change in, governmental policies. At these meetings, I always found it difficult to accept the slogans on their placards and in their speeches: ‘Shame Australia! Reconciliation for a united Australia’, ‘Wake up Australia! We welcome refugees!’ or ‘True Australians are tolerant! Let’s celebrate multicultural (...) Australia!’ My uncomfortable feeling came not only from the fact that I was left out because of my Japanese nationality but also because I had never seen or heard words like ‘shame Japan’, ‘wake up Japan’ or ‘true Japanese are...’ at Japanese ‘left-wing’ political gatherings. In Japan, these are words used only by right-wing nationalists. Indeed it is difficult to even imagine liberal-left intellectuals in postwar Japan calling for a ‘true Japanese’ political response, such is the extent to which the idea of ‘good nationalism’ is now regarded as an oxymoron. This is my starting point for an essay in which I want to be attentive to the different roles played by national in the Japanese and Australian political environments. (shrink)

Australia is a suburban nation, with 85 percent of the 20 million people clinging to the coastal fringes of the world's largest island and oldest continent. This article explores Australian suburbia as the `third space' that mediates urbanism to `nature'. It draws on the thought of George Seddon, an important initiator of ecological history, regional geography and sub/urban politics in Australia. Seddon's insights on Australian ecosystems and Australian interpretations, namings, perceptions and shapings of their natural environment since the beginning (...) of European colonization in 1788 are used to think about the `nature of suburbia', `nature in suburbia' and suburbia in Australian `nature'. Its central argument is that nature is always culturally mediated and that the dominant ecological imaginary in Australia is suburban. The suburbs are the sites of economic, ecological and cultural trafficking about nature. It is argued here that the `bush', at least since the Second World War in Australia, has been more determinative of the suburban social imaginary than the `city'. In recent years, the meaning of the `bush' has transmuted from the `country' into the `wilderness', and from a valorization of the historic settlement process to myths of pure, aboriginal nature unadulterated by human imaginings and interventions. Though the meanings of the `bush' have changed in each case, its interpreter and maker is the socialized gardener of suburbia. The future of Australian nature is to be played out in the suburbs. (shrink)

The Hawke and Keating Labor governments have tended to practise a politics of inclusion in which women, along with other social groups, are seen to have an important part to play in building the new, internationally competitive Australian economy of the twenty-first century, Australian politics have therefore had a very different nature from that of the more exclusionary politics practised by British Conservative governments. While the politics of inclusion have given feminists room for manoeuvre, and facilitated (...) some positive developments in areas such as affirmative action and childcare policies, feminists have had little success in challenging the overall direction of the governments’ right-wing economic policies. Furthermore, the ‘economic’ has functioned as a meta-category which dissolves difference and conflict. The Australian experience therefore has both practical and theoretical implications for British feminists who may be experiencing a Labour government themselves before too long. (shrink)

While human genetic research promises to deliver a range of health benefits to the population, genetic research that takes place in Indigenous communities has proven controversial. Indigenous peoples have raised concerns, including a lack of benefit to their communities, a diversion of attention and resources from non-genetic causes of health disparities and racism in health care, a reinforcement of “victim-blaming” approaches to health inequalities, and possible misuse of blood and tissue samples. Drawing on the international literature, this article reviews the (...) ethical issues relevant to genetic research in Indigenous populations and considers how some of these have been negotiated in a genomic research project currently under way in a remote Aboriginal community. We consider how the different levels of Indigenous research governance operating in Australia impacted on the research project and discuss whether specific guidelines for the conduct of genetic research in Aboriginal and Torres Strait Islander communities are warranted. (shrink)

Good corporate governance requires that managers promote shareholder interests but it cannot be assumed they will act in this manner. Though this is an observation most managers would acknowledge, many argue they should be free of external regulatory intervention because regulations designed to protect shareholders are necessarily a form of paternalism that take from shareholders decisions that are rightly theirs to make. We question this perspective by showing that regulations founded on paternalist principles are compatible with a liberal economy and (...) social relations. We identify when a paternal approach to decision making is justified and add substance to our argument by responding to claims that the Principles of Good Governance1 promulgated by the Australian Stock Exchange (ASX) are an unacceptable infringement on managers’ right to govern their enterprises because they are supposedly paternalist. We reject this argument and suggest that while the current ASX principles are not paternalistic there is a case for ensuring shareholder protection is informed by paternalist principles. (shrink)

In considering the historical treatment of Aboriginal Australians this paper will discuss the different spaces operating in Western Australia’s South West in the late 1920s and the government policies that fed into them. These are the Moore River Native Settlement that is located some 100 km north of Perth and White City, a carnival sideshow located at the bottom of William Street on the banks of the Swan River in Perth. The 1905 Aborigines Act and a provision (...) within that act known as the Proclamation of the Prohibited Area of Perth will be discussed. This will be done by comparing the ways that White City was seen by the government in the 1920s and how in recent years Northbridge has been regulated and discursively constructed. The intent is to look at how Aboriginal people have been treated over time and consider the social, historical and political forces that have shaped that construction. (shrink)

Inter-war Australia saw the emergence of a feminist campaign for indigenous rights. Led by women activists who were members of various key Australian women's organizations affiliated with the British Commonwealth League, this campaign proposed a revitalized White Australia as a progressive force towards improving ‘world’ race relations. Drawing upon League of Nations conventions and the increasing role for the Dominions within the British Commonwealth, these women claimed to speak on behalf of Australian Aborigines in asserting their right to reparation as (...) a usurped people and the need to overhaul government policy. Opposing inter-war policies of biological assimilation, they argued for a humane national Aboriginal policy including citizenship and rights in the person. Where white men had failed in their duty towards indigenous peoples, world women might bring about a new era of civilized relations between the races. (shrink)

During the last forty years, the Aboriginal peoples of the Americas, of the British Commonwealth, and of other countries colonized by Europeans over the last five hundred years have demanded that their forms of property and government be recognized in international law and in the constitutional law of their countries. This broad movement of 250 million Aboriginal people has involved court cases, parliamentary politics, constitutional amendments, the United Nations, the International Court of Justice, the development of (...) an international law of Aboriginal peoples, and countless nonviolent and violent actions in defense of Aboriginal systems of property and cultures. The Aboriginal peoples of New Zealand, Canada, and the United States have been at the forefront of the movement, and it is in these countries that the greatest legal recognition has been achieved. (shrink)

During the last forty years, the Aboriginal peoples of the Americas, of the British Commonwealth, and of other countries colonized by Europeans over the last five hundred years have demanded that their forms of property and government be recognized in international law and in the constitutional law of their countries. This broad movement of 250 million Aboriginal people has involved court cases, parliamentary politics, constitutional amendments, the United Nations, the International Court of Justice, the development of (...) an international law of Aboriginal peoples, and countless nonviolent and violent actions in defense of Aboriginal systems of property and cultures. The Aboriginal peoples of New Zealand, Canada, and the United States have been at the forefront of the movement, and it is in these countries that the greatest legal recognition has been achieved. (shrink)

ABSTRACTThis paper examines discursive change in Australia from 1950 to 2010 through the lens of critical whiteness studies. Using textbooks as records of dominant narratives, I evaluate discourses of whiteness and Aboriginality in Australian history textbooks over this period of substantial social change. I show that overt discourses of white exceptionalism and Aboriginal deficiency are only present in the earliest decades of my sample. However, these discourses persist in later decades in ‘polite’ forms, maintaining the racial status quo while (...) enabling whites to be positioned favourably. I argue that discursive change only becomes embedded in textbooks if it bolsters the status of whites, evidencing Bell’s thesis of interest-convergence. (shrink)

In Culture, Politics, and Governing, the study of contemporary ascetics provided me with a way to approach the practice of knowledge production and its intersection with cultural production that was able to take into account the institutionalization of authors and artists and the ways in which their practices were both governed and governing, often through valorization. Recently, I have worked to extend this framework to settings that are less obvious as sites for the production of governing knowledge: what Max (...) Weber and Foucault discussed as ascetics, generated through what Max Horkheimer and Theodor Adorno called the culture industry. The contemporary culture industry produces an art of living genre that encourages pecuniary subjects who treat the self as a site for the production of value from which to practice valorized ascetics. (shrink)

The entropic state that engulfed the East Coast of Australia in the first eight months of 2020 followed thirty years of uninterrupted economic growth and 10 years of tenuous federal governments divided on the question of climate change. The twin geophysical crises of catastrophic bushfires and the COVID-19 pandemic have led to a public reckoning around our guardianship of the environment, as well as our relationship with science and indigenous knowledge. Congruent with this was the rapid transformation of both schools (...) and universities to online learning, causing the most significant rupture to the traditional ‘grammar of schooling’ for decades. This unprecedented conflation of crises has resulted in the unusual situation where education can be radically transformed, as the material conditions that usually remain latent suddenly exist. As a result, there has been an increased openness to pedagogies of potentiality, as schools and universities resist the urge to ‘return to normal’. Amongst these pedagogies, the philosophy of Bernard Stiegler is unique in its direct response to the entropic state with a counter-impulse, negantropy, which seeks to harness our technological capacity under an ethos of care and unite it with our existential purpose to flourish and thrive. This paper will consider the possibilities of Stiegler’s utopian call for action in relation to the Australian context, as schools and universities reconceptualise the sharing of knowledge and the purpose of education that seeks to rectify the gaps of the past. (shrink)

Prior to its election to office in 2007, the Australian Labor Party announced a commitment to introduce Trade Training Centres (TTCs) into all Australian secondary schools as an initiative of its Education Revolution. TTCs were proposed as a key element of Federal Labor's education and training policy that aimed to manage future risks to Australia's competitiveness in the emerging global economy and to support school-to-employment transitions for young people. This analysis adopts a governmentality framework to conceptualise the Federal Government's (...) introduction of TTCs alternatively as a key strategy for nationalising social investment politics in Australia. The paper draws on recent Australian policy documents to argue that TTCs are social technologies that work to open up social spaces in and around schools for governing relationships between schools and other community stakeholders, particularly businesses and families. The paper concludes by examining policy implications, including those of social justice, for promoting school community partnerships through TTCs. (shrink)

Everyday surveillance work is increasingly performed by non-human algorithms. These entities can be conceptualised as machinic flâneurs that engage in distanciated flânerie: subjecting urban flows to a dispassionate, calculative and expansive gaze. This paper provides some theoretical reflections on the nascent forms of algorithmic practice materialising in two Australian cities, and some of their implications for urban relations and social justice. It looks at the idealisation – and operational black boxing – of automated watching programs, before considering their impacts on (...) notions such as ‘the right to the city’ and ‘the right to the face’. It will argue that the turn to facial recognition software for the purposes of automating urban governance reconstitutes the meanings and phenomenology of the face. In particular, the fleshly and communicative physicality of the face is reduced to a measurable object that can be identified by a virtualised referent and then consequently tracked. Moreover, the asymmetrical and faceless nature of these machinic programs of recognition unsettles conventional notions of civil inattention and bodily sovereignty, and the prioritisation given to pattern recognition renders them amenable to ideas/ideals from phrenology and physiognomy. In this way, algorithmic governance may generate not only forms of facial vulnerability and estrangement, but also facial artifice, where individuals come to develop tacit and artful ways of de-facing and re-facing in order to subvert the processes of recognition which leverage these modes of biopower. Thus, the datafication of urban governance gives rise to a dynamic biopolitics of the face. (shrink)

In 1991, the Australian Commonwealth Parliament unanimously passed the Council for Aboriginal Reconciliation Act 1991. This Act implemented a 10-year process that aimed to reconcile Indigenous and non-Indigenous people by the end of 2000. One of the highest priorities of the reconciliation process was to address Indigenous socio-economic disadvantage, including health, education and housing. However, despite this prioritising, both the Keating Government (1991–1996) and the Howard Government (1996–2000) failed to substantially improve socio-economic outcomes for Indigenous people over (...) the reconciliation decade. In this paper, I examine one of the most prominent socio-economic areas, that of Indigenous health. First, I discuss the appalling levels of Indigenous health throughout the reconciliation decade by analysing a number of health indicators, including life expectancy, infant mortality rate, standard mortality ratios, hospital rates and health Infrastructure. This analysis reveals significant and often worsening disadvantage in these health indicators. Second, I analyse a number of policies and programs concerning Indigenous socio-economic disadvantage that were developed by Commonwealth Governments in the 1990s. I argue that these policies and programs largely failed to address Indigenous socio-economic disadvantage. I also discuss alternative policies and programs that could reduce the significant levels of socio-economic disadvantage suffered by Indigenous people. (shrink)

On 1 December 2019, over one hundred Aboriginal nations performed ancestral and creation dances in synchrony across the Australian continent. One of the communities that danced was the Anaiwan nation from the north-eastern region of New South Wales, Australia. Since 2014 I have been working with Anaiwan people in a collaborative activist research project, creating and maintaining an Aboriginal community garden on the fringes of my hometown of Armidale as a site for land reclamation and decolonising, multispecies research. (...) The community garden is adjacent to the site of the old East Armidale Aboriginal Reserve, where over one hundred dispossessed Aboriginal people were forced to live on the municipal town garbage depot in the mid-twentieth century. This paper positions both the Nation Dance 2019 movement, and the Armidale Aboriginal Community Garden, as rhythmic events that activate Aboriginal Law and sovereignty that is held enduring in the land but that has been buried alive by the settler-colonial state. Focusing on the tensions between deep Indigenous ancestral temporality and colonial territoriality, I argue that the emergence of the Anthropocene reveals a dangerous dissonance between the rhythms of Aboriginal Law patterned through present-day Australian environments and the grid-based structures of colonial governance imposed upon them. (shrink)

There are few issues that have been as vexing for the Australian healthcare community as the Australian governments policy of mandatory, indefinite, immigration detention. While many concepts have been used to begin to describe the many dilemmas faced by healthcare professionals and their resolution, they are limited, perhaps most fundamentally by the fact that immigration detention is antithetical to health and wellbeing. Furthermore, and while most advice recognises that the abolition of detention is the only option in overcoming these issues, (...) it provides little guidance on how action within detention could contribute to this. Drawing on the work of political theorists and the broader sociological literature, we will introduce and apply a form of action that has not yet been considered for healthcare workers within detention, resistance. We will draw on several examples from the literature to show how everyday resistance could be enacted in healthcare and immigration detention settings. We argue that the concept of resistance has several conceptual and practical advantages over much existing guidance for healthcare workers in these environments, namely that it politicises care and has synergies with other efforts aimed at the abolition of detention. We also offer some reflections on the justifiability of such action, arguing that it is largely consistent with the existing guidance produced by all major healthcare bodies in Australia. (shrink)

This paper examines the ethics of the Australian business community’s responses to the phenomenon of modern slavery. Engaging a critical discourse approach, we draw upon a data set of submissions by businesses and business representatives to the Australian government’s Joint Standing Committee on Foreign Affairs, Defence and Trade ‘Parliamentary Inquiry into Establishing a Modern Slavery Act in Australia’—which preceded the signing into law of Australia’s Modern Slavery Act 2018—to examine the business community’s discursive construction in their submissions of the (...) ethical–political concept of freedom. The paper shows how the concept of freedom was employed by Australian business in a manner that privileged their own subject status and advocated for legislation with minimal burden. Relating this contemporary case to a longer historical context, we show how Australian business responses towards modern slavery map onto liberal and neoliberal ethics in which the freedom of the propertied takes precedent over that of the property-less. Further, we show discursive similarities in the arguments presented by modern Australian businesses and certain historical efforts by members of the business community to privilege commercial freedoms in responses to 18th and 19th Century abolitionist movements. Overall, our research makes two important contributions: first, it highlights the value of a critical discourse lens in business ethics research to show how business and other stakeholders in the field construct and shape their own and other’s ethically-laden understanding of reality; and second, it presents a case for considerable scepticism about the motivation of business to employ the freedoms made available to it under neo/liberal discourse to confront a key human rights challenge. (shrink)

1. IntroductionIt is an increasingly accepted protocol to situate oneself discursively in order to approach a set of problems. This protocol, consolidated by Donna Haraway’s famous “situated knowledge,” is also evident in everyday Indigenous Australian practice.1 I begin, therefore, with my long association with the Goolarabooloo community in Broome, North-West Australia, and in particular with Paddy Roe, who started teaching me in the late 1970s. This text attempts to translate his sense of belonging to that territory, an attachment he had (...) to struggle to maintain, both in the face of ongoing destructive colonization and also in the face of other Aboriginal territorial claims. These collective attachments are therefore inflected by history—not just settler history, but Indigenous history that has changed in relation to colonization. These changes are wrought through overwhelmingly rapid material changes, shifting institutional alliances, contested concepts, and new practices. This ethnographic history is an attempt to provide an overview of some of these changes in the North-West corner of Australia over the last forty years. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Disturbances and Dislocations: Understanding Teaching and Learning Experiences in Indigenous Australian Women’s Music and DanceSarah H. WattsElizabeth Mackinlay. Disturbances and Dislocations: Understanding Teaching and Learning Experiences in Indigenous Australian Women’s Music and Dance (Bern: Peter Lang, 2007).Elizabeth Mackinlay, a lecturer in the Aboriginal and Torres Strait Islander Studies Unit at the University of Queensland, documents her unique pedagogical approaches and ways of thinking about the teaching and (...) learning of music and dance in her book, Disturbances and Dislocations: Understanding Teaching and Learning Experiences in Indigenous Australian Women’s Music and Dance. A university-level anthropology course dealing with the music and dance traditions of Australia’s Yanyuwa women was the setting for this “ethnographic case study” (p. 17). Through this course, Mackinlay sought to help students connect Indigenous Australian performance practices to social and political issues while fostering awareness of gender issues and learning processes within Indigenous Australian music and dance performance contexts. These objectives were met through a distinctive approach—by disposing of the strict lecture class format and bringing the field into the classroom. Disturbances and Dislocations documents the experiences of Mackinlay, her students, and several Yanyuwa women who come together as part of the course to engage in hands-on, authentic music and dance exchanges that bring the Yanyuwa women’s voices to the fore. [End Page 90]From the very beginning of the book, Mackinlay highlights her unique point of view as author of this work. She is a “white, middle class, educated woman” (p. 15) researching the experiences of and teaching university-level courses relating to Indigenous Australian and Torres Strait Islander peoples, a cultural background that is not her own. She is a political, educational, and ethnic outsider to the groups of peoples she studies. The wife of an Aboriginal man and mother to Aboriginal children, she is afforded links to the Yanyuwa people that provide her with a measure of status as a family member within the community. The dichotomy of being at once an insider and an outsider in the Yanyuwa community lends a fascinating level of complexity to Mackinlay’s exploration and analysis of the presence and impact of Yanyuwa culture-bearers in her classroom. The warmth, honesty, and openness with which she addresses her unique role in this learning exchange is engaging to the reader, and allows her personal situation to add humanity and life to the words on the page.The eight-chapter book commences with an introductory section that reflects upon her personal experiences in engaging in scholarship relating to Indigenous Australian issues. Additionally, the reader is introduced to the site of the ethnography, her classroom, in which her personal and professional lives intertwine. The next chapter further establishes the context of the ethnography by discussing a pilot project that laid foundations for the main study presented in the book. In this 1999 pilot project, a group of Mackinlay’s students, largely white women, participated in hands-on music and dance workshops under the guidance of Mackinlay and several Yanyuwa women. Student responses from this pilot project indicated that they felt awkward at times, but valued the time spent with the Yanyuwa guests and wished for more of these types of class sessions. Mackinlay determined that this cultural exchange could be even richer if more class time could be dedicated to it, an important observation for her own work, and also for others who seek to furnish cultural encounters for students.The fourth chapter delves into a theoretical discussion of the meanings of the inclusion of the study of Aboriginal and Torres Strait Islander peoples in contemporary classroom settings. Issues of political positioning, representation of Indigenous voices, identity, and “speaking from and of in-between spaces” (p. 64) as one with a foothold in both white and Indigenous worlds are all addressed, engaging the reader in Mackinaly’s own complex journey of coming to terms with her own teaching and scholarly pursuits. It is refreshing to the reader that Mackinlay acknowledges her unique viewpoint as facilitator of this course and this research study. While she is an authority in this realm, she highlights her own backgrounds and biases, her individual lens... (shrink)

This article examines some of the key debates and interactions between the Australian government and medical profession in relation to the mental health consequences of the policy of mandatory detention of asylum seekers. It explores how, in a series of episodes between 2001 and 2005, each side claimed to represent accurately the ‘true’ nature of the detention system through asserting superior ‘objectivity’ and commitment to ‘scientific truth’ in their representations of the mental health of asylum seekers. Placing these debates (...) within the particular political objectives of the Liberal Party during John Howard’s term as Prime Minister, the article explores how science and medical advocacy have been characterized and made to signify larger conflicts within the Australian political arena. It shows how populist political ideas of ‘elitism’ have been used by the government to represent as ‘elitist untruths’ psychiatric research which has demonstrated a direct causal links between government border control policies and mental ill-health. (shrink)

This paper seeks to remedy in part the lack of empirical studies on practices of.political speech in Australia by investigating local governments’ powers and perceptions of their role in regulating practices of political speech. It reports on the results of an empirical study conducted in 2003–04 of local government regulation of political speech within the public space constituted by pedestrian malls. Regulatory provisions are considered in the context of attitudes towards, and experiences of, practices of political speech within these (...) arenas. I argue that local governments possess wide ranging powers to regulate political speech in pedestrian malls, but further and more importantly that those powers are mediated via their inconsistent and at times arbitrary application, combined with a cultural hostility to political speech. We therefore see a precarious level of protection of opportunities for political communication, as well as an important politico-cultural component in determining the fate of political speech in Australia. I conclude by outlining an alternative ‘enabling principle’ against which local governments may reconsider and reconfigure their regulatory practices in relation to this important political freedom. (shrink)

"This is one of the most significant contributions to Locke studies in the twentieth century.

In this analysis I apply a Foucauldian approach to ethics to examine the politically prescribed moral and ethical character required of carers of aged persons at home in Australia and the role of nurses in shaping these behaviours. The work that spousal carers provide, although often founded on love and/or obligation, has been formalized through a variety of policy initiatives and technologies that serve to construct the moral approach they must adopt. This shaping of conduct at the most personal level (...) takes place through the application of codes of behaviour policed largely by nurses. These codes redefine the mode of coexistence between an aged husband and wife and propose a new form of relationship that is derived from and supports policies of the deinstitutionalization of care services for elderly persons. In this way modern carer policy has drawn on knowledge and governance of the self to produce a morality of caring that is both authoritative and scientific. (shrink)

Many actors mobilize the cognitive, legal and technical tool-box of data protection when they discuss and address controversial issues such as digital mass surveillance. Yet, critical approaches to the digital only barely explore the politics of data protection in relation to data-driven governance. Building on governmentality studies and Actor-Network-Theory, this article analyses the potential and limits of using data protection to critique the ‘digital age’. Using the conceptual tool of dispositifs, it sketches an analytics of data protection and the (...) emergence of its configuration as ‘data protection by design and by default’. This exploration reminds us that governing through data implies, first and foremost, governing digital data. (shrink)

This is a persona] account of an Aboriginal woman who went through the education system in Australia to obtain finally her law degree. Aboriginal people experience many hurdles in the education system. Many Aboriginal children feel alienated within the legal system which until recently focused on a colonial history of Australia, ignoring the experiences, indeed the presence, of indigenous people in Australia. The Australian government had a policy of not educating Aboriginal people past the age (...) of 14. The author was one of the first generation that could go straight from high school to university. She speaks of the debt she feels towards the generations of her people that fought for her right to access to higher education. The author went on to become the first Aboriginal person to be accepted into Harvard Law School which brought different personal challenges and allowed for reflection on comparisons of the sensitivity towards race in both education systems. When the author returned to Australia, she took a position teaching at the University of New South Wales. She had to come to terms with working within a system that she had felt alienated within as a student. Her position at the front of the class has created a sense of empowerment that she can pass on to her Aboriginal and female students. (shrink)

This article sets out an argument from legitimacy for the proposed Indigenous Voice to Parliament in Australia. The article first sets out an understanding of political legitimacy and of legitimacy deficits and argues that the Australian Government faces a legitimacy deficit with respect to its exercise of political power and authority over Indigenous Australians. The deficit arises, it is argued, because Indigenous Australians face significant structural injustice and there is little hope of redressing this injustice within the (...) prevailing governing conventions. The article then argues that the proposed Indigenous Voice to Parliament ought to be seen as part of a package to address this legitimacy deficit by resetting the governing conventions of Australian society. The argument from legitimacy is then compared favorably with more familiar arguments from sovereignty and the right to self-determination. (shrink)

Religious outlooks are combinations of theological, moral and political principles, individuated in a medium-grained way. Distinguish between religious outlooks that are friendly to the fundamental political principles characteristic of liberal democracy, and those that are hostile to, or knowingly subversive of, them. I claim that (1) in some respects, but not all, governments are justified in discriminating against 'hostile' religious outlooks, but (2) governments should not intentionally favour some 'friendly' ones over others, and (3) governments should respect all 'friendly' faith-based (...) organisations with which it deals, but may on various grounds favour some over others. (shrink)

I RELIGION AND POLITICS: THE LAW Islam, like Judaism and Christianity, believes in the divine origin of government. It follows, therefore, that political ...

This essay discusses fire as a significant factor shaping Australian social and cultural life. It focuses first on the climate-change induced emotions such as eco-anxiety and anger that can be tied with the Australian landscape, and then moves on to a discussion of the presence and function of fire in selected contemporary Australian poetry. The reflection on the poetics of trauma in the second part of the essay is accompanied by a discussion of solastalgia connected with land dispossession as an (...) experience of the First Nations expressed in the Aboriginal literature in English. (shrink)