Pub Date : 2020-01-02DOI: 10.1080/13200968.2020.1820747
E. Methven
This article considers historical and contemporary representations of the relationship between gender and swearing in Australian obscene language trials. An examination of language ideologies articulated in media and legal discourse in nineteenth and early twentieth century Australia reveals how swearing by women was often depicted as unladylike, and swearing in the presence of women, considered undesirable. Commonly-articulated ideas about gender and swearing prevalent in this period have become naturalised over time, so that they form part of judicial ‘common sense’ in contemporary offensive language jurisprudence. In addition, the idea that swear words are especially offensive when uttered in the presence of women has functioned to legitimise the criminal punishment of swear words used by Indigenous women towards police. The article argues that there is a need to recognise the presence of gendered language ideologies in discourse, including the role they play in maintaining hierarchies and obscuring cultural differences.
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In her 2019 book The Morals of the Market: Human Rights and the Rise of Neoliberalism, Jessica Whyte investigates ‘the historical and conceptual relations between human rights and neoliberalism’. 1...
{"title":"World-Making Through Market Morality: A Conversation About Human Rights, Neoliberalism and Political Struggle","authors":"Claerwen O’Hara, Sundhya Pahuja, Valeria Vázquez Guevara, Jessica Whyte","doi":"10.1080/13200968.2020.1820741","DOIUrl":"https://doi.org/10.1080/13200968.2020.1820741","url":null,"abstract":"In her 2019 book The Morals of the Market: Human Rights and the Rise of Neoliberalism, Jessica Whyte investigates ‘the historical and conceptual relations between human rights and neoliberalism’. 1...","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"261 3","pages":"139 - 151"},"PeriodicalIF":0.5,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/13200968.2020.1820741","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41266282","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-01-02DOI: 10.1080/13200968.2020.1820752
A. Howe
A discursive, always already Foucauldian approach to the law question has always seemed to me to suffice for critique to have the desired effect of successfully challenging law’s truth. But is it perhaps past time to move beyond discourse analysis and a purely visceral reaction to phallocratic law’s violence and towards what might be called an embodied feminist law agenda? The inquiry takes the form of a journey in search of new, more embodied ways of speaking out against violence against women. It has involved rethinking the relationship between mind and body and the presumptions about them that underlie fluctuations within feminist thought over time between emphasising discourse compared to emphasising bodies and how they impact on feminist praxis.
{"title":"Speaking Out Against Violence – For an Embodied Feminist Law Agenda?","authors":"A. Howe","doi":"10.1080/13200968.2020.1820752","DOIUrl":"https://doi.org/10.1080/13200968.2020.1820752","url":null,"abstract":"A discursive, always already Foucauldian approach to the law question has always seemed to me to suffice for critique to have the desired effect of successfully challenging law’s truth. But is it perhaps past time to move beyond discourse analysis and a purely visceral reaction to phallocratic law’s violence and towards what might be called an embodied feminist law agenda? The inquiry takes the form of a journey in search of new, more embodied ways of speaking out against violence against women. It has involved rethinking the relationship between mind and body and the presumptions about them that underlie fluctuations within feminist thought over time between emphasising discourse compared to emphasising bodies and how they impact on feminist praxis.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"46 1","pages":"39 - 55"},"PeriodicalIF":0.5,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/13200968.2020.1820752","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49263520","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-01-02DOI: 10.1080/13200968.2020.1821457
Danish Sheikh
This essay describes the conduct of a year-long course titled ‘Legal Theatre: Exploring Gender and Sexuality Law through a Performative Lens’. The course was premised on two questions: How can the theatrical space help us conduct legal critique differently? Flowing from this, how might we use theatre as a lens to explore different futures for gender and sexuality law? Conducted across two semesters, the first half of the course focused on reading theatrical texts alongside resonant judicial decisions, while simultaneously looking at the mechanics of playwriting. In the second half, students were assigned the task of refining and producing a set of three original scripts, dealing with different questions of gender and sexuality law. I provide a detailed account of this course, in the process unfolding the possibilities of holding law as an interdisciplinary and intersectional practice and of deploying legal critique within a generative, world-making mode.
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Pub Date : 2019-07-03DOI: 10.1080/13200968.2020.1805922
S. Gilbert
Examining the history and current state of defining what is an Aborigine in the landscape of Australian political affairs is a chronicle which is long and complex. The interests of Australia’s original peoples in these discussions are also complex and it is proposed here, shaped by notions of strategic essentialisms and exclusion from the modernity project. To understand some of these complexities, it is critical to identify why and by whom definitions of Aboriginality are generated. Placing definition-making within a context of settler-state motivations, a racial analytic and the requirement for testing a legislated ‘Aboriginality’ being placed onto Aboriginal Australian communities themselves, must also be central. Two major arguments are posited here: first, that a legal Aboriginality exists solely for the management of Indigenous populations to their end of Wolfe’s ‘territoriality’ and Razack’s ‘disposability’; and second, that Indigenous Australians – like other Indigenous peoples around the world – are continually forced to speak to legal Aboriginalities which represent almost none of the interests or challenges they face in their struggle for physical and cultural survival.
{"title":"The Treadmill of Identity: Treading Water, Paddling like a Duck but still in the Same Pond","authors":"S. Gilbert","doi":"10.1080/13200968.2020.1805922","DOIUrl":"https://doi.org/10.1080/13200968.2020.1805922","url":null,"abstract":"Examining the history and current state of defining what is an Aborigine in the landscape of Australian political affairs is a chronicle which is long and complex. The interests of Australia’s original peoples in these discussions are also complex and it is proposed here, shaped by notions of strategic essentialisms and exclusion from the modernity project. To understand some of these complexities, it is critical to identify why and by whom definitions of Aboriginality are generated. Placing definition-making within a context of settler-state motivations, a racial analytic and the requirement for testing a legislated ‘Aboriginality’ being placed onto Aboriginal Australian communities themselves, must also be central. Two major arguments are posited here: first, that a legal Aboriginality exists solely for the management of Indigenous populations to their end of Wolfe’s ‘territoriality’ and Razack’s ‘disposability’; and second, that Indigenous Australians – like other Indigenous peoples around the world – are continually forced to speak to legal Aboriginalities which represent almost none of the interests or challenges they face in their struggle for physical and cultural survival.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"45 1","pages":"249 - 266"},"PeriodicalIF":0.5,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/13200968.2020.1805922","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46169239","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-07-03DOI: 10.1080/13200968.2020.1800931
Crystal Mckinnon
In contemporary Australia Aboriginal parents, and parents of Aboriginal kids, work to prepare their children for potentially negative encounters with police. Racialised policing practices target and enact state sanctioned violence upon Aboriginal communities. Statistics evidence these practices, with Aboriginal people being over-represented in all aspects of the criminal justice system. This paper explores the stories behind the statistics through a detailed examination of Boori Monty Pryor’s young adult fiction novel Njunjul the Sun. Close reading of this text illustrates how Aboriginal literature can deepen our understanding of social indicators through narrativising the complex and nuanced experiences of police and policing practices, including racist police violence.
{"title":"The Lives Behind the Statistics: Policing Practices in Aboriginal Literature","authors":"Crystal Mckinnon","doi":"10.1080/13200968.2020.1800931","DOIUrl":"https://doi.org/10.1080/13200968.2020.1800931","url":null,"abstract":"In contemporary Australia Aboriginal parents, and parents of Aboriginal kids, work to prepare their children for potentially negative encounters with police. Racialised policing practices target and enact state sanctioned violence upon Aboriginal communities. Statistics evidence these practices, with Aboriginal people being over-represented in all aspects of the criminal justice system. This paper explores the stories behind the statistics through a detailed examination of Boori Monty Pryor’s young adult fiction novel Njunjul the Sun. Close reading of this text illustrates how Aboriginal literature can deepen our understanding of social indicators through narrativising the complex and nuanced experiences of police and policing practices, including racist police violence.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"45 1","pages":"207 - 223"},"PeriodicalIF":0.5,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/13200968.2020.1800931","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43427713","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-07-03DOI: 10.1080/13200968.2017.1301765
Corrigendum, B. T. Gowda, Sabine Foro, P. A. Suchetana, H. Fuessb
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Pub Date : 2019-07-03DOI: 10.1080/13200968.2020.1794427
Alison Whittaker
Abstract In the mid-2010s, New South Wales (NSW) introduced statutory reforms responding to prominent fatal one-punch assaults in public and publican spaces – introducing mandatory sentences for a new class of offenses, and summary offenses – that to date appear to have targeted predominately young minority men. This paper argues that the reforms, inspired in NSW and other Australian states by one-punch assaults by intoxicated minority men against affluent young white men, are expressions of an proprietary right to larrikinism (a colonial-era cultural tradition of drunken, irreverent masculinity) in criminal law, rather than gestures to prevent or punish public violence at large. It further posits that the reforms are an expression of Australian criminal laws’ tendency to protect young white men and their interests, through benevolently safeguarding their exclusive right to mutual social violence and public recreational space and punishing others who use that violence and that space. It concludes that the reforms create white patriarchal rights to public space and the exclusive use of violence within it.
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Pub Date : 2019-07-03DOI: 10.1080/13200968.2020.1837538
L. Behrendt
Abstract. A framework of self-determination means not speaking on behalf of people – even as an advocate – but to create the environment and conditions for those who have been silenced to speak for themselves. This article reflects on the role of storytelling for justice for Aboriginal and Torres Strait Islander children and their families. I closely consider three stories of child removal, as told by their impacted families, and in their localised context. This article counterposes the stories that are told about them through care and protection law and related policy, and draws out the long precedent of these stories. Through the stories of impacted families, told in their own voices, it becomes clearer that the removal of Aboriginal and Torres Strait Islander children from their families is a key pillar of a concerted and complex colonial project. This has implications for how people working in law come to see the power of storytelling within and outside legal institutions, and how they can do those stories justice by making space for them to be heard on their own terms.
{"title":"Stories and Words, Advocacy and Social Justice: Finding Voice for Aboriginal Women in Australia","authors":"L. Behrendt","doi":"10.1080/13200968.2020.1837538","DOIUrl":"https://doi.org/10.1080/13200968.2020.1837538","url":null,"abstract":"Abstract. A framework of self-determination means not speaking on behalf of people – even as an advocate – but to create the environment and conditions for those who have been silenced to speak for themselves. This article reflects on the role of storytelling for justice for Aboriginal and Torres Strait Islander children and their families. I closely consider three stories of child removal, as told by their impacted families, and in their localised context. This article counterposes the stories that are told about them through care and protection law and related policy, and draws out the long precedent of these stories. Through the stories of impacted families, told in their own voices, it becomes clearer that the removal of Aboriginal and Torres Strait Islander children from their families is a key pillar of a concerted and complex colonial project. This has implications for how people working in law come to see the power of storytelling within and outside legal institutions, and how they can do those stories justice by making space for them to be heard on their own terms.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"45 1","pages":"191 - 205"},"PeriodicalIF":0.5,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/13200968.2020.1837538","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47480677","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-07-03DOI: 10.1080/13200968.2019.1816650
H. McGlade
This article documents my experiences with the state’s contemporary removal of Aboriginal children in Western Australia (WA) and the practice of Aboriginal Family Led Decision Making (AFLDM), a family led decision making process supported as best practice for Aboriginal families. Unfortunately, this practice of AFLDM is not implemented in the state of Western Australia, but is adopted in Victoria, New South Wales, and more recently Queensland. AFLDM is supported by the peak body for Aboriginal and Torres Strait Islander children in care — the Secretariat for National Aboriginal and Islander Child Care (SNAICC) — and is incorporated within the national Family Matters campaign to reduce the over-representation of Aboriginal children in care. In 2018, as a ‘relative foster carer’ I was able to experience the absence of AFLDM through an order of the WA Children’s Court (an order which was substantially opposed by the Department for Child Protection). I am a Noongar woman or yorga, and graduated with a law degree in 1995. Like most, if not all Noongar people, I have witnessed the increasing level of intervention into Aboriginal families lives by the Department for Child Protection (DCP), and am related to many children who have been placed in out-of-home care. For some years now I have witnessed a lack of commitment to principles of Aboriginal human rights, causing significant distress and disquiet amongst the Aboriginal communities of this state. This state of affairs has reached a flash point in 2020 during the COVID period which not only saw a sharp rise in Aboriginal child removals but also the introduction of legislative amendments which failed to respect the rights of Aboriginal families and communities. In this article I document the WA landscape of child removal and my own journey to improve human rights outcomes for Aboriginal children.
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