School of Historical and Philosophical Studies - Theses
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ItemCompensatory justice and land claims by Australian aborigines( 1998)In this thesis, I delineate the general structure of the theory of Compensatory Justice. The various issues addressed in this work are resolved via the reflective equilibrium technique so closely associated with the work of John Rawls, though I do not proceed by way of an original position story. The scope of Compensatory Justice is defined such that compensation is a response only to certain sorts of harms, where harm is defined in terms of setbacks to interests. Compensable harms are distinguished from non-compensable harms; and I establish when a person can rightly be held liable to provide another's compensation, and how proper compensation is be determined in any given instance. In the course of resolving these general issues, a number of further issues are brought to light and settled, e.g. what should be done when there is no-one on whom liability can rightly be imposed for another's compensation. Numerous cases are considered which extend and test the conclusions reached about the precepts of Compensatory Justice. Once the delineation of the general structure is complete, the conclusions reached are applied to the issue of Australian Aborigines' land claims. Since those claims are, in essence, claims about the suffering of harm, they also may be claims about the suffering of compensable harm. Although determinations of compensable harm must be made on a case by case basis, in the expectation that at least some land claims made by Aborigines will involve compensable harms I consider some general issues which will be relevant to the determination of proper compensation for them. The major conclusions reached are: that compensable harm is harm which is not in a person's interest (i.e. which affords them a net loss in well-being); that the person who intentionally or negligently causes a given compensable harm can rightly be held liable for the compensation due to the harmed person, and that a person should not be chosen at random to bear such liability; that proper compensation counterbalances a harm by providing the harmed person with a relevant good equivalent to the extent of the harm they have suffered; that the only relevant compensatory good for Aborigines who have suffered harms in respect of land to which they have ties based on Traditional Law or long association will be the land which was the original object of their set back interest; and that where Aborigines have a prima facie valid entitlement to a given area of land qua compensation and that land is currently the object of another's equally prima facie valid entitlement, neither entitlement should be allowed to predominate if the two can coexist (in the event that the two cannot coexist, I determine ways of resolving the question of which entitlement should prevail).
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ItemBroken promises: Aboriginal education in south-eastern Australia, 1837-1937( 2008)This thesis is a comparative study of the education of Aboriginal children from 1837-1937 in the colonies (later states) of Victoria, New South Wales and South Australia, which together form the south-eastern, and most heavily settled, portion of the Australian continent. It explores early missionary education, the consolidation of colonial authorities' control over schools and the shift to government-run education and training for Aboriginal children of mixed-descent in particular, as part of wider ‘assimilation’ programs. It also pays attention to Aboriginal responses to, protests about, and demands for education throughout this period of rapid change. The thesis demonstrates that missionary, colonial and government attempts to educate Aboriginal people in the south-east constituted an attempt to transform Aboriginal people's subjectivity to suit various aims: for conversion to Christianity, for colonial control, or for training for ‘useful’ purposes. The thesis argues, however, that these attempts constituted a ‘broken promise’ to Aboriginal people. The promise was, that once educated, Aboriginal people might join and participate in colonial society. Instead, they were relegated to its economic and geographical fringes, dispossessed as settlers spread across their land and accorded only liminal positions in the settler-colonies and later, states of the Australian Commonwealth. Temporally, this thesis is bound by two government reports which were influential in the development of colonial and state governance of Aboriginal people. The first is the 1837 British Parliament's Select Committee on Aborigines: British Settlements report; the second, published exactly one hundred years later, is the Australian intergovernmental Aboriginal Welfare Initial Conference of State Aboriginal Authorities of 1937. The thesis also makes use of extensive missionary and government archival material from the south-east. As the first multi-state Aboriginal education history, this thesis offers new ways of understanding the complexities of settler-Aboriginal relations in Australia as well as interrogating the reasons for the chasm between rhetoric and reality in Aboriginal welfare policy. It places this study within a broader transimperial and transnational framework of colonialism, empire and the emergence of the modern nation-state, demonstrating that the education of Aboriginal children was not a single project with a single aim. Rather, it constituted a multitude of approaches, sometimes disparate, formed in response to a broad rubric of colonisation and empire as well as local specificities and situations. In doing this, the thesis engages with the significant methodological challenge of historicising post-contact Aboriginal education, an aspect of the colonial project which was, for Aboriginal people in the south-east, both destructive and empowering, sometimes simultaneously.
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ItemWitnessing Australian stories: history, testimony and memory in contemporary culture( 2010)This thesis identifies and examines a new form of public memory-work: witnessing. Since the late 1980s, witnessing has developed in response to the increased audibility of the voices of Australian Indigenous peoples and asylum seekers. Drawing upon theories of witnessing that understand the process as an exchange between a testifier and a ‘second person’, I perform a discourse analysis of the responses of settler Australians to the rise of marginal voices. Witnessing names both a set of cultural practices and a collective space of contestation over whose stories count as ‘Australian’. Analysing a range of popular texts - including literature, autobiography, history, film and television programmes - I demonstrate the omnipresence of witnessing within Australian public culture as a mode of nation building. Though linked to global phenomena, witnessing is informed by, and productive of, specifically national communities. From Kate Grenville's frontier novel The Secret River (2005), through to the surf documentary Bra Boys (2007), witnessing has come to mediate the way that people are heard in public, and how their histories and experiences are understood within cultural memory. Linked to discourses on national virtue and renewal, witnessing has emerged as a liberal cultural politics of recognition that works to re-constitute settler Australians as ‘good’ citizens. It positions Indigenous peoples and asylum seekers as ‘objects’ of feeling, and settler Australians as ‘gatekeepers’ of national history. Yet even with these limits, witnessing remains vital for a diverse range of groups and individuals in their efforts to secure recognition and reparation for injustice. Though derided under the Howard government as an ‘elite’ discourse, for a large minority of settler Australians witnessing has become central to understandings of ‘good’ citizenship. With the election of Rudd - and the declaration of two national apologies - witnessing has been thoroughly mainstreamed as the apotheosis of a ‘fair go’.