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)

As an Israeli writing at the turn of the twenty-first century, I have become accustomed to hearing the word ‘settlement’ used by liberals almost invariably as a derogatory term. The Jewish settlements to the west of the Jordan river, now populated by close to a quarter of a million Jews, are often said to be a central obstacle to peace in the Middle East, as well as being immoral in and of themselves. Consistent liberals realize that this attitude poses (...) a problem for the endorsement of the Zionist effort altogether, since settlement has been a central tenet of this doctrine from the start and the main practical tool for achieving its goals within contested territories. It was also the primary apparatus for achieving Western control over North America, Australia, and New Zealand, wholly at the expense of the aboriginal inhabitants of those places. This, too, is the source of a great deal of contemporary liberal breast-beating. (shrink)

Since European settlement, the Western calendar has insufficiently accounted for the seasonal nuances and multiple temporalities of Australia. Beginning with Tim Entwistle’s recent proposal to revise the four-season Australian norm, this article traces the emergence of the Western calendar in Europe and its institutionalization ‘Down Under.’ With its emphasis on land-based calendars, the Indigenous Weather Knowledge Project is a partnership between Aboriginal communities and the Bureau of Meteorology aimed at preserving and promoting knowledge of the endemic seasons of (...) Australian regions. As themost recent addition to the IWKP, the six-season Nyoongar calendar of the South-West of Western Australia is based on meteorological conditions, such as wind directions and temperatures, but also on the procurement of food, maintenance of cultural knowledge, and performance of ceremonies. Through the fusion of phenomenological and phenological approaches, the endemic seasons of Australia can be appreciated in their depth and extent. (shrink)

In 1972, George Seddon wrote Sense of Place, documenting his experience and research into the Swan Coastal Plain, which has since become a landmark Australian environmental publication. Among its claims to influence is having given modern currency to the term sense of place. Although Seddon did not coin the phrase, it was this book that introduced the phrase into the fields of landscape and environmental design. The book includes information on landforms, climate, geology, soils, flora, the Swan River, the coast, (...) offshore islands, wetlands, and urban areas. Mr. Warner in his Adirondack story, shot a bear by aiming, not at his eye or heart, but at him 'generally'. But we cannot aim 'generally' at the universe, or if we do, we will miss our game. So said William James, the philosopher, and it is good advice on how to take aim at environmental problems. Sense of Place is a topographic essay, not on the universe, but the environs of Perth, Western Australia. It is in three parts: The Land - The Plants - Man. The landforms, climate, drainage geology and plant-cover are discussed in detail, to construct a picture of the region before European settlement. The last third deals with the land use by Aboriginal and European, and the major environmental resources of the region. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 63.3 (2002) 425-446 [Access article in PDF] Giving Orders: Theory and Practice in the Fundamental Constitutions of Carolina Vicki Hsueh Indians. Of Edisto Ashapo and Combohe to the South our friends. Of Wando Ituan Sewee and Sehey to the north came to our assistance and were zealous and resolute in it 1000 bowmen In our want supplied us. Q. Spaniards. What we shall (...) doe to the Spaniards if we invade them we brake the peace, if we sit still we loose our reputation with the Indians our friends. Westoes. Inland man eaters. Country. To the northward more sickly, about Ashley River fertile and of a wonderful growth. Tatchequea. A very fruitfull Country 8. days jorney by the North west the Emperor our friend and enemy to the Westoes and to hard for them. Q. Settlem't. 500 people will secure the settlement 1000 perfect it. desires supplys of necessarys till that time Excerpt from Carolina Memoranda in the handwriting of John Locke, Esq., 15 September 1670 Within the last decade, scholars such as James Tully, Barbara Arneil, and Bhikhu Parekh have performed a crucial intervention on modern constitu-tionalism's behalf. 1 Not only has constitutionalism in the modern age been [End Page 425] plagued by assumptions of cultural uniformity and an on-going inability to adjudicate between competing cultural claims, but it has been unable effectively to diagnose those limitations and dilemmas. The root of the problem, James Tully suggests, is ultimately a matter of historical perspective. "[T]he tendency," he writes, "is not to notice the philosophical and ideological debates over the last three hundred years... only the result of these debates is seen—the victorious modern language of constitutional uniformity—and claims for recognition are viewed through its framework as if it were impartial and universal." 2 In response Tully and others have sought to tackle this predicament at its historical root. Identifying modern constitutionalism's colonial origins as a significant part of the problem, their studies address the development of constitutionalism and colonialism as an entwined phenomenon in the early modern period, focusing particularly on the British-American context. In this sense, Locke's Two Treatises of Government stands as an exemplary illustration of the period's entangled colonial and constitutional temperaments. Well-known for its influential articulation of compact and resistance, the Two Treatises, Barbara Arneil argues "were written as a defence of England's colonial policy in the new world against the sceptics in England and the counter-claims of both the aboriginal nations and other European powers in America." 3 Accordingly, present-day constitutionalism continues to bear the weighty legacy of those colonial rationales. "[T]he language of modern constitutionalism," Tully further explains, "which has come to be authoritative was designed to exclude or assimilate cultural diversity and justify uniformity. The design is difficult to see because this 'modern' language has become the customary way of thinking about, reflecting on and envisioning a just constitutional order." Ultimately, Tully submits, citing Wittgenstein, "A picture held us captive. And we could not get outside it, for it lay in our language and language seemed to repeat it to us inexorably." 4This much-needed thickening of constitutionalism's historical context has enriched our awareness of constitutionalism's vexed origins, as it has proffered potent tools for interrogating current cultural adjudication. Yet, a troubling predicament persists. As if caught within the tenacious grip of the language of modern constitutionalism, Tully, Arneil, and Parekh insistently portray seventeenth-century British-American colonialism solely as a straightforward process of appropriation and assimilation without addressing or incorporating the [End Page 426] complex and contingent elements of that history in its emergence. Lacking the various negotiations and accommodations between settler and indigene in ambition and actualization, their portrayals crucially underplay the dynamic relationship between theories of constitutionalism and practices of colonialism—an approach that ultimately serves to reinscribe the narrative of triumphalist progress within their critiques. 5This problematic is the context for my reading of the Fundamental Constitutions of Carolina,1669... (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)

In lieu of an abstract, here is a brief excerpt of the content:preface The essays in this special issue on Indigenous Feminisms in Settler Contexts engage feminist politics from multiple Indigenous geographies, histories, and standpoints. What emerges is a panoramic view of Indigenous feminist scholarship’s conceptual, linguistic, and artistic activism at this moment in time. We learn of praxis aimed at reclaiming Indigenous languages and ecological perspectives and the varied modes of resistance, survivance, and persistence. We also unpack the complex (...) racial/gender politics of colonial encounters in contexts where white women cared intimately for Indigenous children, or where they helped to recover Indigenous oral traditions, and we note how modes of help can also reproduce imperial power relations. Some essays, art works, and poems extend the geographic ambit of critiques of settler colonialism beyond American contexts: they deploy feminist rubrics to critique the continuing violent settlement of Palestine and Kashmir to demonstrate that the occupation of “marginal” places is constitutive of state-​ society relations; others describe how Australian Aboriginal and Sámi artists engage the question of Indigenous visibility. In different ways, they each show how staying in place, against all odds, can be radical. Our first two articles examine the politics of praxis. Michelle M. Jacob, Virginia R. Beavert, Regan Anderson, Leilani Sabzalian, and Joana Jansen analyze Indigenous feminist praxis surrounding Ichishkíin Indigenous language education. The “artivism” of Sámi artists Maxida 284Preface and Timimie Märak, which expresses concern for land and water rights, gender and sexuality, and Indigenous rights in Northern Europe takes center stage in Kyle Bladow’s essay. The next three articles interrogate historical records shaping Indigenous lives in northern Canada, southwest Pacific, and southwestern United States and Mexico. Val Marie Johnson examines how white women staff members’ intimate care relations at residential schools for Inuvialuit, Inuinnait, and Iñupiat peoples in Canada were bound up with the latter’s dispossession. Carolyn J. Eichner recounts the encounter between the Indigenous Kanak people and Louise Michel, a feminist and participant in the revolutionary Paris Commune of 1871 who was banished to New Caledonia for seven years; Eichner argues that although Michel was staunchly anti-imperialist, her liberatory political project bore the temporal logics of colonization. Drawing on examples of Nahua reconfigurations of Christian scripture, Kenna Neitch proposes the language of “persistence” as a heuristic for avoiding the reactive, relational connotations that can pervade scholarly usages of “resistance” rhetoric. Next, our review essay by Jennifer McLerran describes recent Indigenous feminist scholarship that recasts the concept of sovereignty. Our News and Views piece focuses on modalities of occupation in the context of Kashmir: Nosheen Ali, Mona Bhan, Sahana Ghosh, Hafsa Kanjwal, Zunaira Komal, Deepti Misri, Shruti Mukherjee, Nishant Upadhyay, Saiba Varma, and Ather Zia argue that occupation is foundational to the making and reproduction of nationstates, and not exceptional to state power. The varied forms of resistance to occupation are examined by Sara Ihmoud in her article about how a group of Palestinian women, the Murabitat al-Haram, agitate for religious freedom simply by “staying in place.” Rabab Abdulhadi comments on shifts in contemporary settler colonial discourse in Israel, noting the increasingly overt and unapologetic deployment of highly sexualized and gendered images. Marina Tyquiengco examines the art of Australian Aboriginal artist Fiona Foley, specifically her Black Velvet series. Art and myth are also fused in Shantell Powell’s textual and visual rendering of Inuit memory. This issue features a range of poetry on topics such as language loss, human-land relationships, and sexual violence, written by Katherine Agyemaa Agard, Kei Kaimana, and Kai Minosh Pyle, and curated by our creative writing editor, Alexis Pauline Gumbs. In “Átaw Iwá Ichishkíin Sínwit: The Importance of Ichishkíin Language in Advancing Indigenous Feminist Education,” Michelle M. Jacob, Preface 285 Virginia R. Beavert, Regan Anderson, Leilani Sabzalian, and Joana Jansen examine Indigenous feminist praxis surrounding Ichishkíin-language education. They critique how Western education systems inflict pernicious forms of violence within Native communities, engaging in practices of linguistic genocide and alienating Indigenous peoples from their homelands. In response, Native peoples, along with non-Native allies, are engaging in educational and political activism to reclaim and revitalize Indigenous languages and ecological perspectives. In examining the foundational teaching of Ichishk... (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)

In lieu of an abstract, here is a brief excerpt of the content:Ethics & the Environment 8.1 (2003) 51-56 [Access article in PDF] KarraKarrawirraparri-River Red Gum-Eucalyptus Camaldulensis Vivonne Thwaites [Figures]Karra was a visual arts project devised for the 2000 Adelaide Festival in Australia. Its focus was the River Red Gum, quite justifiably an Australian icon, and once the most widespread tree in south eastern Australia. The project comprised an installation by three artists and a forty-page publication with essays and visual (...) material from many contributors.The intention of the project (which I developed and oversaw as curator) was twofold. First, I hoped that an examination of the River Red Gum from a number of points of view might help people connect with the tree itself, and more broadly with this place non-Aboriginal Australians so uneasily inhabit. Second, given the tree's central place in Australia's inland waterways, I wanted the art to help people consider the urgent problems facing this ecosystem, such as increased salinity, diminished water flow and environmental degradation. This subject had particular relevance for South Australians, as our state is so dependent on the Murray-Darling River system. For example, in February 1999 the Commonwealth Scientific and Industrial Research Organisation published a media release on "Salt: Australia's Greatest Battle," declaring that we stand to lose a large fraction of our native biodiversity to salinity, and that native tress "remain the front line answer." [End Page 51]Behind the Festival Centre lies the River Torrens and the Adelaide Plains. Along the river are several gnarled old trees, River Red Gums, some of them predating white settlement and bearing the scars of Aboriginal timber collecting activities. The media was full of stories about the way these trees were still being cut down along the Murray further out, regardless of their proven value in filtering water and reducing salinity. The theme of the 2000 Festival was "The New Out of the Old," and it seemed that a project about the relevance of these beautiful old trees would help educate and inspire. We found the subject for the Festival project right in our own backyard.Once committed to the subject, research could begin. First up was the tree's Aboriginal history. The Kaurna people, original inhabitants of the Adelaide Plains, called it Karra or more fully, Karrawirraparri (literally 'redgum-forest-river'). The tree was central to their lives as source of food and shelter, and supplier of timber for shields and other implements. There are incised shields of Red Gum in the South Australian Museum, and delicate drawings of the tree by Jim Kite. The tree's place in Australia's white history can be traced back to explorer's journals where, variously named, it was described as a welcome sign of the presence of a watercourse. More recently it appears in the natural history writing of Eric Rolls and others (Rolls 2002). Ironically the tree's botanical name, Eucalyptus camaldulensis, originated in 1832, when a botanist admired and named a single specimen grown by monks outside Naples, Italy. The eucalyptus was already spreading in 1832.Early in the research it became clear that the Red Gum tree, and the complex set of natural and cultural interactions it engendered, could be seen as a symbol of human interactions with the land in Australia. The tree was much discussed and much loved by Australians, but also much abused. It seemed that bringing together different systems of understanding and representation of the tree could help contemporary urban Australians begin to understand their own connections to it, and to the land as well. This was the broader cultural agenda of the project.Preparing the art exhibition required a wide reading of literature. Les Murray's poem, "The Gum Forest," one of the greatest 20th - century Australian poems, was inspirational: After the last gapped wire on a post, homecoming for me, to enter the gum forest. (1998, 33) [End Page 52] [Begin Page 54]So too was Murray Bail's book Eucalyptus: By sheer numbers there's always a bulky Red Gum here or somewhere else in the wide world, muscling into the... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Ethics & the Environment 8.1 (2003) 51-56 [Access article in PDF] KarraKarrawirraparri-River Red Gum-Eucalyptus Camaldulensis Vivonne Thwaites [Figures]Karra was a visual arts project devised for the 2000 Adelaide Festival in Australia. Its focus was the River Red Gum, quite justifiably an Australian icon, and once the most widespread tree in south eastern Australia. The project comprised an installation by three artists and a forty-page publication with essays and visual (...) material from many contributors.The intention of the project (which I developed and oversaw as curator) was twofold. First, I hoped that an examination of the River Red Gum from a number of points of view might help people connect with the tree itself, and more broadly with this place non-Aboriginal Australians so uneasily inhabit. Second, given the tree's central place in Australia's inland waterways, I wanted the art to help people consider the urgent problems facing this ecosystem, such as increased salinity, diminished water flow and environmental degradation. This subject had particular relevance for South Australians, as our state is so dependent on the Murray-Darling River system. For example, in February 1999 the Commonwealth Scientific and Industrial Research Organisation published a media release on "Salt: Australia's Greatest Battle," declaring that we stand to lose a large fraction of our native biodiversity to salinity, and that native tress "remain the front line answer." [End Page 51]Behind the Festival Centre lies the River Torrens and the Adelaide Plains. Along the river are several gnarled old trees, River Red Gums, some of them predating white settlement and bearing the scars of Aboriginal timber collecting activities. The media was full of stories about the way these trees were still being cut down along the Murray further out, regardless of their proven value in filtering water and reducing salinity. The theme of the 2000 Festival was "The New Out of the Old," and it seemed that a project about the relevance of these beautiful old trees would help educate and inspire. We found the subject for the Festival project right in our own backyard.Once committed to the subject, research could begin. First up was the tree's Aboriginal history. The Kaurna people, original inhabitants of the Adelaide Plains, called it Karra or more fully, Karrawirraparri (literally 'redgum-forest-river'). The tree was central to their lives as source of food and shelter, and supplier of timber for shields and other implements. There are incised shields of Red Gum in the South Australian Museum, and delicate drawings of the tree by Jim Kite. The tree's place in Australia's white history can be traced back to explorer's journals where, variously named, it was described as a welcome sign of the presence of a watercourse. More recently it appears in the natural history writing of Eric Rolls and others (Rolls 2002). Ironically the tree's botanical name, Eucalyptus camaldulensis, originated in 1832, when a botanist admired and named a single specimen grown by monks outside Naples, Italy. The eucalyptus was already spreading in 1832.Early in the research it became clear that the Red Gum tree, and the complex set of natural and cultural interactions it engendered, could be seen as a symbol of human interactions with the land in Australia. The tree was much discussed and much loved by Australians, but also much abused. It seemed that bringing together different systems of understanding and representation of the tree could help contemporary urban Australians begin to understand their own connections to it, and to the land as well. This was the broader cultural agenda of the project.Preparing the art exhibition required a wide reading of literature. Les Murray's poem, "The Gum Forest," one of the greatest 20th - century Australian poems, was inspirational: After the last gapped wire on a post, homecoming for me, to enter the gum forest. (1998, 33) [End Page 52] [Begin Page 54]So too was Murray Bail's book Eucalyptus: By sheer numbers there's always a bulky Red Gum here or somewhere else in the wide world, muscling into the... (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)

This paper presents a way of thinking about how to respond to the pluralism of modern societies that avoids any commitment to contractualist norms of political justification. The argument developed appeals to the notion of a constitutional settlement. Constitutional settlements are complex on-going social practices that both express certain values to which political societies are committed and establish procedures for resolving disputes among members of these societies. As such, they are a product of both moral commitment and the balance (...) of power. The paper shows how constitutional settlements relate to issues of stability and non-subjugation in politics, and explains how they can ground a distinction between justice and legitimacy. (shrink)

Prior to European influence, predation by Native Americans was the major factor limiting the numbers and distribution of ungulates in the Intermountain West. This hypothesis is based on analyses of (1) the efficiency of Native American predation, including cooperative hunting, use of dogs, food storage, use of nonungulate foods, and hunting methods; (2) optimal-foraging studies; (3) tribal territory boundary zones as prey reservoirs; (4) species ratios, and sex and age of aboriginal ungulate kills; (5) impact of European diseases on (...) aboriginal populations; and (6) synergism between aboriginal and carnivore predation. Native Americans had no effective conservation practices, and the manner in which they harvested ungulates was the exact opposite of any predicted conservation strategy. Native Americans acted in ways that maximized their individual fitness regardless of the impact on the environment. For humans, conservation is seldom an evolutionarily stable strategy. By limiting ungulate numbers and purposefully modifying the vegetation with fire, Native Americans structured entire plant and animal communities. Because ecosystems with native peoples are entirely different than those lacking aboriginal populations, a “hands-off” or “natural regulation” approach by today’s land managers will not duplicate the ecological conditions under which those ecosystems developed. The modern concept of wilderness as areas without human influence is a myth. North America was not a “wilderness” waiting to be discovered, instead it was home to tens of millions of aboriginal peoples before European-introduced diseases decimated their numbers. (shrink)

In this article I critique Charles Kay’s aboriginal overkill hypothesis, which states that Native Americans numbered 100 million or more in precolumbian North America, extensively humanized the landscape, and suppressed wildlife numbers, thus allowing wildlife browse to proliferate. By examining Kay’s source use and pertinent information, I find that he makes four kinds of significant mistakes: exaggerations, failure to provide necessary data, errors of omission, and errors of logic. Through examples I illustrate that Kay’s errors compromise his hypothesis. Kay (...) uses Yellowstone National Park as his primary example of such a humanized area; in contrast, I suggest it is a relatively pristine area. (shrink)

Encountering Aborigines: A Case Study: Anthropology and the Australian Aboriginal details the concerns in contemporary anthropological research of aboriginal Australians.

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)

Democratic deliberation is credited with a variety of virtues, including its possible usefulness in resolving, or at least ameliorating, inter‐cultural conflicts. This paper questions this claim. First, it overlooks that the facts and principles involved in these conflicts generally prove contestable and that such contestation is likely to be greater the less homogenous societies are. Second, it neglects that many, if not most, citizens have neither the time nor the inclination to acquire the conceptual and factual knowledge needed to try (...) and overcome these differences. As a result, the more inclusive and popular deliberation becomes, the less suitable it may be for overcoming cross cultural disagreements. Indeed, it has the potential to exacerbate rather than narrow the differences between majorities and minorities. These conclusions are drawn from an empirical review of a Canadian debate about aboriginal rights that followed a controversial Supreme Court of Canada decision and comparing the character of deliberation in three contexts: the legal community, the print media and legislative bodies. (shrink)

Zooarchaeological evidence has often been called on to help researchers determine prehistoric relative abundances of elk (Cervus elaphus) in the Greater Yellowstone ecosystem. Some interpret that evidence as indicating elk were abundant; others interpret it as indicating elk were rare. Wildlife biologist Charles Kay argues that prehistoric faunal remains recovered from archaeological sites support his contention that aboriginal hunters depleted elk populations throughout the Intermountain West, including the Yellowstone area. To support his contention Kay cites differences between modern and (...) prehistoric relative abundances of artiodactyls, age and sex demographics of ungulates in the prehistoric record indicating selective predation of prime-age females, and a high degree of fragmentation of artiodactyl bones indicating humans were under nutritional stress. Kay’s data on taxonomic abundances are time and space averaged and thus mask much variation in elk abundances. When these data are not lumped they suggest that elk were at some times, in some places, as abundant as they are today. Data on the age-sex demography of artiodactyl prey are ambiguous or contradict Kay’s predictions. Bone fragmentation data are variously nonexistent or ambiguous. The zooarchaeological implications of Kay’s aboriginal overkill hypothesis have not yet undergone rigorous testing. (shrink)

Contemporary bioethics recognizes the importance of the culture in shaping ethical issues, yet in practice, a process for ethical analysis and decision making is rarely adjusted to the culture and ethnicity of involved parties. This is of a particular concern in a health care system that is caring for a growing Aboriginal population. We raise the possibility of constructing a bioethics grounded in traditional Aboriginal knowledge. As an example of an element of traditional knowledge that contains strong ethical (...) guidance, we present the story of the Gifts of the Seven Grandfathers. We note a resemblance of this Ojibway teaching to virtue ethics in European traditions, but we suggest that there are also important differences in how these two traditions are currently presented. We hope that further engagement with a variety of indigenous moral teachings and traditions could improve health care involving Aboriginal patients and communities, and enrich the discipline of bioethics. (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)

Prior to European influence, predation by Native Americans was the major factor limiting the numbers and distribution of ungulates in the Intermountain West. This hypothesis is based on analyses of (1) the efficiency of Native American predation, including cooperative hunting, use of dogs, food storage, use of nonungulate foods, and hunting methods; (2) optimal-foraging studies; (3) tribal territory boundary zones as prey reservoirs; (4) species ratios, and sex and age of aboriginal ungulate kills; (5) impact of European diseases on (...) aboriginal populations; and (6) synergism between aboriginal and carnivore predation. Native Americans had no effective conservation practices, and the manner in which they harvested ungulates was the exact opposite of any predicted conservation strategy. Native Americans acted in ways that maximized their individual fitness regardless of the impact on the environment. For humans, conservation is seldom an evolutionarily stable strategy. By limiting ungulate numbers and purposefully modifying the vegetation with fire, Native Americans structured entire plant and animal communities. Because ecosystems with native peoples are entirely different than those lacking aboriginal populations, a “hands-off” or “natural regulation” approach by today’s land managers will not duplicate the ecological conditions under which those ecosystems developed. The modern concept of wilderness as areas without human influence is a myth. North America was not a “wilderness” waiting to be discovered, instead it was home to tens of millions of aboriginal peoples before European-introduced diseases decimated their numbers. (shrink)

The confusion that persists over Aboriginal claim in North America calls for close examination. The paper begins by sorting out various versions of ‘ Aboriginal right’and some of the main factors that govern its use. Confusion is analysed as the result of conflating different frames of reference which determine different sets of expectations by Aboriginal and government representatives.To appreciate the significance of this conflation, it is helpful if not necessary to view the move to use the concept (...) ‘ Aboriginal right’as a strategic rather than a legally substantive one. Understanding the move in this way helps to explain why it is that definitions remain elusive. The effect of using the concept has indeed been to enable Aboriginals finally and effectively to table their claim. However, the strategy has its cost. Using the language of the courts places Aboriginal negotiators at a disadvantage, since that language is ineluctably tied to European social and legal sensibilities that militate against understanding Aboriginal claim.If, in the end, we understand that the move to use the language of the courts has been conciliatory, we can better recognise the nature of Aboriginal claim. We can begin to understand that it involves a complex web of responsibilities and commitments, most of which have either been forgotten or perverted to suit government agendas. We can begin to see that it has to do with restoring a relationship of mutual respect and protection. (shrink)

This article discusses two normative questions raised by cases of colonial settlement. First, is it sometimes wrong to migrate and settle in a previously inhabited land? If so, under what conditions? Second, should settler countries ever take steps to undo wrongful settlement, by enforcing repatriation and return? The article argues that it is wrong to settle in another country in cases where one comes with intent to colonize the population against their will, or one possesses an adequate territorial (...) base somewhere else, lacks an urgent interest in moving, and seeks to settle in a new place under conditions where settlement would severely harm the practices of prior occupants. It also argues for a presumption of repatriation and return in the first generation of wrongful settlement and holds that these remedies may be extended to second and higher generations in some – but not all – cases. (shrink)

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)

Jones, Kate Aboriginal people who live with the effects of extreme poverty face high barriers to a quality of life that other Australians enjoy. Aboriginal people have poor health that is directly linked to unmet housing needs, absent or structurally impaired kitchen, bathroom and laundry facilities, malnutrition, unemployment, and poor education retention.

It is noteworthy that much of recent liberal scholarship aimed at empowering aboriginal peoples, and supporting their land rights, has often unwittingly embraced the conservative Lockean‐Nozickian tradition rather than the tradition of left‐leaning thinkers. Many of the supporters of aboriginal land rights tend to view property rights as contingently determined historical entitlements which are established independently of the state’s authority, thereby creating structures which morally bind the authority of the state. This, in fact, also represents the view of (...) the conservative supporters of untrammelled capitalism. Secondly, there is often little discussion of the bundle of rights which are derived from these acts of original acquisition. This may lead one to the assumption that these supporters of aboriginal land rights agree with the conservative view that all the recognised components of modern liberal ownership, from the right to use, to the right to income, are acquired in the initial events associated with historical entitlement. It is my argument in this paper that basing aboriginal land claims solely on customary historical entitlement results in too close an alignment with a conservative ideology which has been used to support unrestrained capitalism. (shrink)

In earlier articles, the author developed what is known as the "Supersession Thesis," asserting that historic injustice may be overtaken by changes in circumstances so that a situation that was unjust when it was brought about may coincide with what justice requires at a later time. The Supersession Thesis was developed initially as a tool for considering historic injustice suffered by indigenous peoples in the European settlement of countries like Australia, Canada, New Zealand, and the United States. In this (...) paper, the author explores the application of the Supersession Thesis to issues about the Palestinian right of return and also to Israeli settlements in the Occupied Territories. The paper argues that, while it is not unthinkable that the Supersession Thesis might eventually legitimize the settlements and undermine the Palestinian right of return, there is no guarantee that this will happen. The application of the Supersession Thesis does not depend on the passage of time, but on changes in circumstances that a theory of justice makes relevant. Many of the circumstances that make the Supersession Thesis relevant to the post-colonial situations described do not apply in the Israeli situation. Nevertheless, it is worth considering the possibility of applying the Supersession Thesis in this case, because it enables us to assess the merits of the Thesis more sharply in relation to injustice that is taking place now, as opposed to injustice that took place in the nineteenth century. (shrink)

In 2018, the Art Gallery of Ontario retitled a painting by Emily Carr which contained an offensive word. Controversy ensued, with some arguing that unsanctioned changes to a work’s title infringe upon artists’ moral and free speech rights. Others argued that such a change serves to whitewash legacies of racism and cultural genocide. In this paper, I show that these concerns are unfounded. The first concern is not supported by law or the history of our titling practices; and the second (...) concern misses the mark by ignoring the gallery’s substantial efforts to avoid just such an outcome. Picking up on a suggestion from Loretta Todd, I argue that we can use Aboriginal Title as a model for thinking about the harms perpetuated by cultural appropriation, and the practices we should adopt to mitigate them. (shrink)

In this paper, I consider the tutorial conversation in Higher Education. To focus the discussion I use the scenario of a tutorial conversation between a lecturer and a student. I begin by suggesting that the increasing emphasis placed on student satisfaction in certain Higher Education Institutions tends to focus the tutorial conversation towards a form of settlement that I then consider in light of Thoreau's Walden. To explore what other conversation might be possible, I turn to the philosophical writing (...) of Martin Buber. I discuss his ‘life of dialogue’ in relation to the distinction he draws between I and Thou and between I and It and to how Nancy Vansieleghem and Jan Masschelein analyse this in relation to the 2002 film, Le Fils. With reference to the film adaptation of Alan Bennett's The History Boys, I suggest a different starting point for the tutorial conversation. I conclude that the tutorial discussion, seen as an invitation to speak, and as a form of exposition and dialogue, is the possibility of the opening up of a new dimension of thinking and acting. This is the invitation to a conversation in education that is itself truly educative. (shrink)

The belief held by Aboriginal people that their art is ultimately related to their identity, and to the continued existence of their culture, has made the protection of indigenous peoples' art a pressing matter in many postcolonial countries. The issue has prompted calls for stronger copyright legislation to protect Aboriginal art. Although this claim is not particular to Australian Aboriginal people, the Australian experience clearly illustrates this debate. In this work, Elizabeth Burns Coleman analyses art from an (...) Australian Aboriginal community to interpret Aboriginal claims about the relationship between their art, identity and culture, and how the art should be protected in law. Through her study of Yolngu art, Coleman finds Aboriginal claims to be substantially true. This is an issue equally relevant to North American debates about the appropriation of indigenous art, and the book additionally engages with this literature. (shrink)

In the article “Settlement on Lusignan Cyprus after the Latin Conquest: The Accounts of Cypriot and other Chronicles and the Wider Context” the narratives of various chronicles of the thirteenth to the sixteenth centuries on settlement in Cyprus in the years following the Latin conquest, from the end of the twelfth to the early thirteenth century, will be examined and compared. The details provided by the chronicles, where the information given derived from, the biases present in the various (...) accounts, the extent to which they are accurate, especially in cases where they are corroborated or refuted by documentary evidence, will all be discussed. The chronicles that will be referred to are the thirteenth century continuation of William of Tyre, that provides the fullest account of the settlement of Latin Christians and others on Cyprus after the Latin conquest, the fifteenth century chronicle of Leontios Makhairas, the anonymous chronicle of ‘Amadi’ that is probably dateable to the early sixteenth century although for the section on thirteenth century Cypriot history it draws on earlier sources and the later sixteenth century chronicle of Florio Bustron. Furthermore, the Chorogra a and the Description of Stephen de Lusignan, two chronicles postdating the conquest of Cyprus by the Ottoman Turks in 1570, will also be referred to on the subject of settlement in thirteenth century Cyprus. By way of comparison, the final part of the paper examined the extent to which the evidence of settlement in other Mediterranean lands derives chiefly from chronicles or from documentary sources. In conclusion, it can be stated that the various accounts of settlement on Cyprus following its cession to King Guy of Jerusalem in 1192 show differences in terms of the value of the fiefs, the geographical regions from which the settlers came and the types of properties which were granted to them. The Latin kingdom of Jerusalem resembles Cyprus in that the source material for early Latin settlement is narrative, not documentary. But this is not the case for the Venetian Crete and the Hospitaller Rhodes, where the source materials recording the arrival of the first Latin settlers are wholly documentary. (shrink)

McGovern, Kevin This article explores statements from the National Health and Medical Research Council (NHMRC) about health research involving Aboriginal and Torres Strait Islander peoples.

Pilcher, Carmel Review(s) of: Aboriginal church paintings: Reflecting on our faith, by Eugene Stockton Editor with Terence O'Donnell (Lawson: Blue Mountain Education and Research Trust Publishers, 2010), pp.45, $20.00.

The second edition of Aboriginal and Torres Strait Islander Education: An Introduction for the Teaching Profession prepares students for the unique environment they will face when teaching Aboriginal and Torres Strait Islander students at early childhood, primary and secondary levels. This book enables future teachers to understand Aboriginal and Torres Strait Islander education within a social, cultural and historical context and uses compelling stories and practical strategies to empower both student and teacher. Updated with the Australian Curriculum (...) in mind, this is a unique textbook written by highly regarded Aboriginal and Torres Strait Islander academics. Each chapter opens with a powerful anecdote from the author, connecting the classroom to real-world issues. This updated edition has also been expanded to include information on fostering the unique talents of Aboriginal and Torres Strait Islander children and young people and allows the reader to reflect on classroom practices throughout. (shrink)

Threatened aboriginal cultures provide valuable criteria for fruitful criticism of the dominant Western cultural paradigm and perceptual model, which many take for granted as the inevitable path for humankind to follow. However, this Western model has proven itself to be imprecise and limiting. It obscures fundamental aspects of human nature, such as the mythical, religious dimension, and communication with the Cosmos. Modern technology, high-speed communication and mass media affect our ability to perceive reality and respond to it. Non-Western worldviews (...) could help us to regain meaningful communication with Nature and to learn new ways of perceiving our world. (shrink)

This article explores governance issues in an area of limited statehood characterized by the combination of state and indigenous institutions. This is done by adopting an institutional lens focusing on three factors—field structures, institutional logics, and actor agency—to analyze governance settlements. The results point to how complex governance settlements in areas of limited statehood hold together with a certain degree of alignment between institutional elements. However, as the field evolves, contestations and misalignments lead to changes in governance settlements. Analyzing these (...) transitions, this study identifies three key processes that have facilitated deeper state penetration in the field, namely, delocalization of field structures, hybridization of institutional logics, and diversification of actor agency. (shrink)

Hovevei Zion is a collective name for several societies established in Eastern Europe in the 19th century, advocating immigration to the land of Israel, settlement of the land and agricultural work. This article examines the religious approach of several prominent thinkers from among Hovevei Zion and the First Aliya, who shared the perception of farming and settling the land as having religious and even messianic meaning. It was clear to them that the Torah is the foundation of the Jewish (...) people's existence, however, to this they added another value - work. These thinkers strived to change the identity of the exilic Jew, who was occupied only with spiritual religious life and to reinstate the identity of the biblical Jew, who combined a spiritual and a material religious life. The article examines the approach of Hovevei Zion in light of the general rabbinic approach to redemption, settlement and agriculture and the social changes in 19th century Europe.CONTRIBUTION: This article contributes to the journal's multidisciplinary theological perspective, particularly the notion 'historical thought', which covers the textual and oral history and hermeneutical studies, narratives and philosophies behind the Abrahamic religions as expressed in the Hebrew Scriptures and the Rabbinic literature. (shrink)

The dispute settlement mechanism in FTAs is necessary as they provide means to settle disagreements on interpretation or compliance with treaty obligations. The dispute settlement mechanism help ease tensions among FTA parties and maintain healthy relationships among trading partners. Bashar H. Malkawi.

The “Assyrian Century,” the period of Assyrian rule in the Levant, is usually regarded as an era of prosperity and economic progress. As far as the southern Levant is concerned, this reconstruction more or less reflects the reality on the southern edge of the region—in the areas of Philistia, Judah, and Edom. But what was the situation in the northern part of the country, in the territories of the former kingdom of Israel and adjacent territories, regions that had become Assyrian (...) provinces? It is the aim of this paper to scrutinize the archaeological data from these regions in order to shed light on the settlement and demographic reality in those provinces, and furthermore to reassess Assyrian policy in the west. After summarizing previous research, the article will present the available archaeological data, which will then be compared with that from the southern part of the country in order to enable a reexamination of the Assyrian empire’s policy in the west. (shrink)