Pub Date : 2019-07-03DOI: 10.1080/13200968.2020.1727664
Jeanine Leane
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Pub Date : 2019-07-03DOI: 10.1080/13200968.2019.1757935
Natalie Harkin
The majority of Aboriginal families I know in South Australia carry intimate histories of domestic service through living memory and inter-generational blood-memory passed on. Despite the significance of these stories within families, this government-orchestrated system of indentured labour targeting Aboriginal girls remains largely hidden and unacknowledged in the state's dominant and official public narrative of history. This paper considers the historical, unfolding rationale for inter-dependent policies of child-removal, institutionalisation and training, as context to the burgeoning Aboriginal domestic service workforce into the twentieth century. It also examines popular culture discourse, coupled with prevailing racialised attitudes toward Aboriginal women at the time, exemplified through representations of ‘Abo Maids’ in a prominent national women’s magazine, The Australian Woman's Mirror. ‘Archival-poetics’, as an active, embodied reckoning with history and the colonial archive, is also introduced as creative praxis; one way to bridge this labour knowledge gap and contribute to larger stories of resistance, resilience and refusal with healing and decolonising intent. GRAPHICAL ABSTRACT
{"title":"Whitewash-Brainwash: An Archival-Poetic Labour Story","authors":"Natalie Harkin","doi":"10.1080/13200968.2019.1757935","DOIUrl":"https://doi.org/10.1080/13200968.2019.1757935","url":null,"abstract":"The majority of Aboriginal families I know in South Australia carry intimate histories of domestic service through living memory and inter-generational blood-memory passed on. Despite the significance of these stories within families, this government-orchestrated system of indentured labour targeting Aboriginal girls remains largely hidden and unacknowledged in the state's dominant and official public narrative of history. This paper considers the historical, unfolding rationale for inter-dependent policies of child-removal, institutionalisation and training, as context to the burgeoning Aboriginal domestic service workforce into the twentieth century. It also examines popular culture discourse, coupled with prevailing racialised attitudes toward Aboriginal women at the time, exemplified through representations of ‘Abo Maids’ in a prominent national women’s magazine, The Australian Woman's Mirror. ‘Archival-poetics’, as an active, embodied reckoning with history and the colonial archive, is also introduced as creative praxis; one way to bridge this labour knowledge gap and contribute to larger stories of resistance, resilience and refusal with healing and decolonising intent. GRAPHICAL ABSTRACT","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"45 1","pages":"267 - 281"},"PeriodicalIF":0.5,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/13200968.2019.1757935","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43286998","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: 10.1080/13200968.2020.1837537
Alison Whittaker, N. Watson
For the greater part of our shared history, the voices of Aboriginal and Torres Strait Islander women were absent from scholarship as understood by the Australian colony. Those who wrote about our ...
{"title":"First Nations Women: Law, Power, Story","authors":"Alison Whittaker, N. Watson","doi":"10.1080/13200968.2020.1837537","DOIUrl":"https://doi.org/10.1080/13200968.2020.1837537","url":null,"abstract":"For the greater part of our shared history, the voices of Aboriginal and Torres Strait Islander women were absent from scholarship as understood by the Australian colony. Those who wrote about our ...","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"45 1","pages":"179 - 184"},"PeriodicalIF":0.5,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/13200968.2020.1837537","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49078365","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: 10.1080/13200968.2019.1819685
D. Rolph
Abstract Defamation law seeks to balance the protection of reputation and freedom of speech. It is known to have an inhibiting effect on the exercise of free speech, which can affect all forms of writing, including academic critique. Reputation is a highly individual interest. Consequently, defamation law is not an effective means of dealing with aspersions on aspects of collective identity, such as race. Increasingly, however, allegations of racism are being litigated in defamation claims in Australia. Because an allegation of racism affects individual reputation, it is more amenable to protection by defamation law than racist attacks. This article examines Australian defamation law's treatment of race and racism, focusing in particular on liability and defences, with an emphasis on the impact of defamation law on academic writing.
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Pub Date : 2019-07-03DOI: 10.1080/13200968.2020.1727663
N. Watson
Indigenous characters have long featured in Australian detective novels. The most renowned was Arthur Upfield’s creation, Detective Inspector Napoleon Bonaparte or ‘Bony’. To the delight of audienc...
{"title":"The Role of Place in Indigenous Australian Crime Fiction","authors":"N. Watson","doi":"10.1080/13200968.2020.1727663","DOIUrl":"https://doi.org/10.1080/13200968.2020.1727663","url":null,"abstract":"Indigenous characters have long featured in Australian detective novels. The most renowned was Arthur Upfield’s creation, Detective Inspector Napoleon Bonaparte or ‘Bony’. To the delight of audienc...","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"45 1","pages":"225 - 231"},"PeriodicalIF":0.5,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/13200968.2020.1727663","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45142107","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: 10.1080/13200968.2019.1704343
Alison Whittaker
Australian law exerts a vertical force and is unyielding. When I talk to people about that law and how it impacts on us, I can participate in that vertical force and put all that weight on them. The language is dense. The split between normative justice and the textualism of Australian law is no more than moot in community. It is an embodied sense of fury and futility. Who would want to read another journal article that says things are bad, or invest tens of thousands of dollars in the tools needed to comprehend it? Plenty, but not the people I want to reach with this project. Through poetry, which complains of a slim readership but can lament nothing compared to the skeletal readership of legal journals (sorry!), we can excavate, express and teach critical Indigenous theory and critical whiteness theory in Australian law — without being part of that vertical force by either pushing down using its language, or attempting to resist it by deconstructing it. We can do so by distilling legal decisions themselves. In the following pages are poems that are part of an informal and experimental project to try to do just that. The first three poems of the project appear in BLAKWORK and focus on Trevorrow, Mabo, and the Inquest into the Death of Ms Dhu. The poems below focus on Wik, Wotton, Bugmy and Kartinyeri. For both collections I used computational tools to extract the 50-or-so most common trigrams (three word phrases) from key legal decisions in recent history that concern our mobs. I ranked them in accordance with their frequency in these decisions.
{"title":"The Real ‘Skeleton of Principle’: Using Computational Poetry for Critical Indigenous Legal Scholarship","authors":"Alison Whittaker","doi":"10.1080/13200968.2019.1704343","DOIUrl":"https://doi.org/10.1080/13200968.2019.1704343","url":null,"abstract":"Australian law exerts a vertical force and is unyielding. When I talk to people about that law and how it impacts on us, I can participate in that vertical force and put all that weight on them. The language is dense. The split between normative justice and the textualism of Australian law is no more than moot in community. It is an embodied sense of fury and futility. Who would want to read another journal article that says things are bad, or invest tens of thousands of dollars in the tools needed to comprehend it? Plenty, but not the people I want to reach with this project. Through poetry, which complains of a slim readership but can lament nothing compared to the skeletal readership of legal journals (sorry!), we can excavate, express and teach critical Indigenous theory and critical whiteness theory in Australian law — without being part of that vertical force by either pushing down using its language, or attempting to resist it by deconstructing it. We can do so by distilling legal decisions themselves. In the following pages are poems that are part of an informal and experimental project to try to do just that. The first three poems of the project appear in BLAKWORK and focus on Trevorrow, Mabo, and the Inquest into the Death of Ms Dhu. The poems below focus on Wik, Wotton, Bugmy and Kartinyeri. For both collections I used computational tools to extract the 50-or-so most common trigrams (three word phrases) from key legal decisions in recent history that concern our mobs. I ranked them in accordance with their frequency in these decisions.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"45 1","pages":"283 - 292"},"PeriodicalIF":0.5,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/13200968.2019.1704343","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45772385","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: 10.1080/13200968.2020.1837536
Chelsea J. Bond
I’ve long had to theorise the material and epistemological bruises upon my body. I became so efficient I could almost anticipate the precision of the blow before it landed, providing the most vivid...
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Pub Date : 2019-07-03DOI: 10.1080/13200968.2019.1802154
V. Marshall
The legal concept of the creation of a legal entity is not trailblazing territory of itself, although introducing and advocating for the legal personality of a river may be. However, advocating for the rights of nature on grounds that all humans over-exploit, abuse and contaminate the environment is as misleading as it is untrue. The Indigenous peoples of Australia have a primary, unique and inherent obligation to ‘Care for Country’ according to the Indigenous rule of law; exercising the protection and management of the Aboriginal and Torres Strait Islander environment. The Indigenous rule of law and the obligation to ‘Care for Country’ stretches back many millennia yet Australian domestic laws and policies fail to properly support the exercise of such obligations by Indigenous Australians. In this article I argue, rather than embracing a ‘rights of nature’ property paradigm in Australia, we should instead empower First Nations people to take a pivotal, even primary, role in caring for Country.
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Pub Date : 2019-07-03DOI: 10.1080/13200968.2019.1835259
C. A. Rietveld, T. Esko, G. Davies, P. Turley, Beben Benyamin, F. Christopher, Chabris, V. Emilsson, Andrew D. Johnson, James J. Lee, C. D. Leeuw, R. Marioni, S. Medland, Mike B. Miller, Olga Rostapshova, S. J. Lee, Anna A. E. Vinkhuyzen, N. Amin, D. Conley, Jaime, Derringer, C. Duijn, R. Fehrmann, L. Franke, Edward L. Glaeser, N. Hansell, C. Hayward, William G. Iacono, C. Ibrahim-Verbaas, Juha, Karjalainen, P. Magnusson, N. Martin, Matt, McGue, George Mcmahon, N. Pedersen, Steven Pinker, D. Porteous, D. Posthuma, F. Rivadeneira, Blair H. Smith, J. Starr, J. Nicholas, Timpson, M. Trzaskowski, A. Uitterlinden, C. Frank, Verhulst, M. Wright
PSYCHOLOGICAL AND COGNITIVE SCIENCES, GENETICS Correction for “Common genetic variants associated with cognitive performance identified using the proxy-phenotype method,” by Cornelius A. Rietveld, Tõnu Esko, Gail Davies, Tune H. Pers, Patrick Turley, Beben Benyamin, Christopher F. Chabris, Valur Emilsson, Andrew D. Johnson, James J. Lee, Christiaan de Leeuw, Riccardo E. Marioni, Sarah E. Medland, Michael B. Miller, Olga Rostapshova, Sven J. van der Lee, Anna A. E. Vinkhuyzen, Najaf Amin, Dalton Conley, Jaime Derringer, Cornelia M. van Duijn, Rudolf Fehrmann, Lude Franke, Edward L. Glaeser, Narelle K. Hansell, Caroline Hayward, William G. Iacono, Carla Ibrahim-Verbaas, Vincent Jaddoe, Juha Karjalainen, David Laibson, Paul Lichtenstein, David C. Liewald, Patrik K. E. Magnusson, Nicholas G. Martin, Matt McGue, George McMahon, Nancy L. Pedersen, Steven Pinker, David J. Porteous, Danielle Posthuma, Fernando Rivadeneira, Blair H. Smith, John M. Starr, Henning Tiemeier, Nicholas J. Timpson, Maciej Trzaskowski, André G. Uitterlinden, Frank C. Verhulst, Mary E. Ward, Margaret J. Wright, George Davey Smith, Ian J.Deary,Magnus Johannesson,RobertPlomin,PeterM. Visscher, Daniel J. Benjamin, David Cesarini, and Philipp D. Koellinger, which appeared in issue 38, September 23, 2014, of Proc Natl Acad Sci USA (111:13790–13794; first published September 8, 2014; 10.1073/pnas.1404623111). The authors note that on page 13790, in the Abstract, line 15, “KNCMA1, NRXN1, POU2F3, and SCRT” should instead appear as “KCNMA1,NRXN1, POU3F2, and SCRT.”Also, on page 13793, left column, first full paragraph, lines 8–9, “KNCMA1, NRXN1, POU2F3, and SCRT” should instead appear as “KCNMA1, NRXN1, POU3F2, and SCRT.” The authors also note that on page 13792, left column, first full paragraph, line 8, the following sentences should be added after “analyses in ref. 11”: “However, one of the SNPs that is significantly associated with cognitive performance after Bonferroni correction (rs1487441) is in linkage disequilibrium with rs9320913, which is one of the genome-wide significant SNPs reported in ref. 11 in their GWAS of educational attainment. The distance between the two SNPs is 30,839 base pairs and the
{"title":"Correction","authors":"C. A. Rietveld, T. Esko, G. Davies, P. Turley, Beben Benyamin, F. Christopher, Chabris, V. Emilsson, Andrew D. Johnson, James J. Lee, C. D. Leeuw, R. Marioni, S. Medland, Mike B. Miller, Olga Rostapshova, S. J. Lee, Anna A. E. Vinkhuyzen, N. Amin, D. Conley, Jaime, Derringer, C. Duijn, R. Fehrmann, L. Franke, Edward L. Glaeser, N. Hansell, C. Hayward, William G. Iacono, C. Ibrahim-Verbaas, Juha, Karjalainen, P. Magnusson, N. Martin, Matt, McGue, George Mcmahon, N. Pedersen, Steven Pinker, D. Porteous, D. Posthuma, F. Rivadeneira, Blair H. Smith, J. Starr, J. Nicholas, Timpson, M. Trzaskowski, A. Uitterlinden, C. Frank, Verhulst, M. Wright","doi":"10.1080/13200968.2019.1835259","DOIUrl":"https://doi.org/10.1080/13200968.2019.1835259","url":null,"abstract":"PSYCHOLOGICAL AND COGNITIVE SCIENCES, GENETICS Correction for “Common genetic variants associated with cognitive performance identified using the proxy-phenotype method,” by Cornelius A. Rietveld, Tõnu Esko, Gail Davies, Tune H. Pers, Patrick Turley, Beben Benyamin, Christopher F. Chabris, Valur Emilsson, Andrew D. Johnson, James J. Lee, Christiaan de Leeuw, Riccardo E. Marioni, Sarah E. Medland, Michael B. Miller, Olga Rostapshova, Sven J. van der Lee, Anna A. E. Vinkhuyzen, Najaf Amin, Dalton Conley, Jaime Derringer, Cornelia M. van Duijn, Rudolf Fehrmann, Lude Franke, Edward L. Glaeser, Narelle K. Hansell, Caroline Hayward, William G. Iacono, Carla Ibrahim-Verbaas, Vincent Jaddoe, Juha Karjalainen, David Laibson, Paul Lichtenstein, David C. Liewald, Patrik K. E. Magnusson, Nicholas G. Martin, Matt McGue, George McMahon, Nancy L. Pedersen, Steven Pinker, David J. Porteous, Danielle Posthuma, Fernando Rivadeneira, Blair H. Smith, John M. Starr, Henning Tiemeier, Nicholas J. Timpson, Maciej Trzaskowski, André G. Uitterlinden, Frank C. Verhulst, Mary E. Ward, Margaret J. Wright, George Davey Smith, Ian J.Deary,Magnus Johannesson,RobertPlomin,PeterM. Visscher, Daniel J. Benjamin, David Cesarini, and Philipp D. Koellinger, which appeared in issue 38, September 23, 2014, of Proc Natl Acad Sci USA (111:13790–13794; first published September 8, 2014; 10.1073/pnas.1404623111). The authors note that on page 13790, in the Abstract, line 15, “KNCMA1, NRXN1, POU2F3, and SCRT” should instead appear as “KCNMA1,NRXN1, POU3F2, and SCRT.”Also, on page 13793, left column, first full paragraph, lines 8–9, “KNCMA1, NRXN1, POU2F3, and SCRT” should instead appear as “KCNMA1, NRXN1, POU3F2, and SCRT.” The authors also note that on page 13792, left column, first full paragraph, line 8, the following sentences should be added after “analyses in ref. 11”: “However, one of the SNPs that is significantly associated with cognitive performance after Bonferroni correction (rs1487441) is in linkage disequilibrium with rs9320913, which is one of the genome-wide significant SNPs reported in ref. 11 in their GWAS of educational attainment. The distance between the two SNPs is 30,839 base pairs and the","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"45 1","pages":"373 - 373"},"PeriodicalIF":0.5,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/13200968.2019.1835259","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48078337","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: 10.1080/13200968.2019.1741192
Narelle Bedford
This article argues that there would be transformative benefits from expanding opportunities for Indigenous storytelling within plural legal systems such as Australia. The article highlights the successful example of legal storytelling’s inclusion in the inquiry into Aboriginal and Torres Strait Islander people affected by forcible removals. Such removals were authorised under Australian Commonwealth, State, and Territory Aboriginal protection/welfare laws and policies. This history has entered the awareness of all Australians as resulting in ‘Stolen Generations’. Opportunities exist to expand legal storytelling beyond inquiries and royal commissions into the wider justice system. Embracing legal storytelling by Aboriginal and Torres Strait Islander people recognises their Voices are important. This need for Voice has become a constantly expressed desire, most recently manifested in the Uluru Statement.
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