Jessica Ball
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199755011
- eISBN:
- 9780199918867
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199755011.003.0013
- Subject:
- Psychology, Developmental Psychology
Globally, Indigenous and ethnic-minority populations and the children of immigrants are less likely to participate in early childhood care and education (ECCE) than the average child in their ...
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Globally, Indigenous and ethnic-minority populations and the children of immigrants are less likely to participate in early childhood care and education (ECCE) than the average child in their country. These disparities persist despite increased recognition of the benefits of ECCE for all children and its equalizing impact for those who are disadvantaged. This chapter demonstrates the potential for targeted investments in culturally-based, family-involving ECCE to increase Indigenous children’s readiness for sustained and successful engagement in education. Research findings and promising ECCE practices from around the world are highlighted. The Canadian government’s long-term investment in Aboriginal Head Start is described as a successful example of the kind of flexible, community-driven, holistic approach that enjoys high demand and involvement from Indigenous parents and appears to increase Indigenous children’s educational engagement in the first years of schooling.Less
Globally, Indigenous and ethnic-minority populations and the children of immigrants are less likely to participate in early childhood care and education (ECCE) than the average child in their country. These disparities persist despite increased recognition of the benefits of ECCE for all children and its equalizing impact for those who are disadvantaged. This chapter demonstrates the potential for targeted investments in culturally-based, family-involving ECCE to increase Indigenous children’s readiness for sustained and successful engagement in education. Research findings and promising ECCE practices from around the world are highlighted. The Canadian government’s long-term investment in Aboriginal Head Start is described as a successful example of the kind of flexible, community-driven, holistic approach that enjoys high demand and involvement from Indigenous parents and appears to increase Indigenous children’s educational engagement in the first years of schooling.
Monique Deveaux
- Published in print:
- 2006
- Published Online:
- January 2007
- ISBN:
- 9780199289790
- eISBN:
- 9780191711022
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199289790.003.0005
- Subject:
- Political Science, Democratization
This chapter addresses the tensions that have arisen, in the Canadian context, between Native peoples’ (or First Nations peoples’) quest for political self-determination and the demand by some Native ...
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This chapter addresses the tensions that have arisen, in the Canadian context, between Native peoples’ (or First Nations peoples’) quest for political self-determination and the demand by some Native women that their sexual equality rights be protected through federal law (specifically, Canada’s 1982 Charter of Rights and Freedoms). It discusses the ambivalent relationship Native peoples have had with respect to the language of individual rights, consent, and sexual equality, and reflects on the difficulties this presents for protecting Native women. The chapter also illuminates the potential injustices that can arise both when dominant cultural groups fail to recognize the distinctive self-understandings of minority communities as well as when more powerful members of cultural communities attempt to silence vulnerable and less powerful group members.Less
This chapter addresses the tensions that have arisen, in the Canadian context, between Native peoples’ (or First Nations peoples’) quest for political self-determination and the demand by some Native women that their sexual equality rights be protected through federal law (specifically, Canada’s 1982 Charter of Rights and Freedoms). It discusses the ambivalent relationship Native peoples have had with respect to the language of individual rights, consent, and sexual equality, and reflects on the difficulties this presents for protecting Native women. The chapter also illuminates the potential injustices that can arise both when dominant cultural groups fail to recognize the distinctive self-understandings of minority communities as well as when more powerful members of cultural communities attempt to silence vulnerable and less powerful group members.
Katrin Althans
- Published in print:
- 2019
- Published Online:
- May 2020
- ISBN:
- 9781474440929
- eISBN:
- 9781474477024
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781474440929.003.0020
- Subject:
- Literature, Criticism/Theory
This chapter shows how, by combining European Gothic traditions and elements of Indigenous belief systems, Australian Aboriginal artists reclaim their own cultural heritage and reject the coloniser’s ...
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This chapter shows how, by combining European Gothic traditions and elements of Indigenous belief systems, Australian Aboriginal artists reclaim their own cultural heritage and reject the coloniser’s construction of Aboriginal people as the demonised Other. Aboriginal Gothic texts such as Her Sister’s Eye (2002) and ‘The Little Red Man’ (2011) defy their European predecessors’ traditional and stereotypical cast as well as their commodification of Indigenous culture, thus creating a counter-discourse to the master-discourse of European Gothic. This challenge, however, takes place within the plots and in the mode of transmission itself. Therefore, Aboriginal Gothic in the twenty-first century is not limited to the written word, but includes other forms like films, such as Karroyul (2015), and interactive media, such as Warwick Thorton’sThe Otherside Project (2014). In this way, the Gothic’s shape as a literary mode, as opposed to Indigenous oral traditions, is questioned just as much as its history of Othering.Less
This chapter shows how, by combining European Gothic traditions and elements of Indigenous belief systems, Australian Aboriginal artists reclaim their own cultural heritage and reject the coloniser’s construction of Aboriginal people as the demonised Other. Aboriginal Gothic texts such as Her Sister’s Eye (2002) and ‘The Little Red Man’ (2011) defy their European predecessors’ traditional and stereotypical cast as well as their commodification of Indigenous culture, thus creating a counter-discourse to the master-discourse of European Gothic. This challenge, however, takes place within the plots and in the mode of transmission itself. Therefore, Aboriginal Gothic in the twenty-first century is not limited to the written word, but includes other forms like films, such as Karroyul (2015), and interactive media, such as Warwick Thorton’sThe Otherside Project (2014). In this way, the Gothic’s shape as a literary mode, as opposed to Indigenous oral traditions, is questioned just as much as its history of Othering.
Philip Mendes, Bernadette Saunders, and Susan Baidawi
- Published in print:
- 2019
- Published Online:
- March 2019
- ISBN:
- 9780190630485
- eISBN:
- 9780190630508
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190630485.003.0009
- Subject:
- Psychology, Developmental Psychology
This chapter reports on exploratory research in Victoria, Australia, involving focus groups and interviews with service providers and Indigenous care leavers to examine the impact of existing support ...
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This chapter reports on exploratory research in Victoria, Australia, involving focus groups and interviews with service providers and Indigenous care leavers to examine the impact of existing support services. Indigenous children and young people are highly overrepresented in the Australian out-of-home care system. To date, neither specific research focusing on this group’s experiences as they transition from care nor an assessment of the Indigenous-specific and non-Indigenous supports and services available to them have been undertaken. Findings suggest that Aboriginal Community Controlled Organizations (ACCOs) play a positive role in working with non-Indigenous agencies to assist Indigenous care leavers. Participants identified a few key strategies to improve outcomes, such as facilitating stronger relationships between Indigenous and non-Indigenous services and improving ACCO resourcing.Less
This chapter reports on exploratory research in Victoria, Australia, involving focus groups and interviews with service providers and Indigenous care leavers to examine the impact of existing support services. Indigenous children and young people are highly overrepresented in the Australian out-of-home care system. To date, neither specific research focusing on this group’s experiences as they transition from care nor an assessment of the Indigenous-specific and non-Indigenous supports and services available to them have been undertaken. Findings suggest that Aboriginal Community Controlled Organizations (ACCOs) play a positive role in working with non-Indigenous agencies to assist Indigenous care leavers. Participants identified a few key strategies to improve outcomes, such as facilitating stronger relationships between Indigenous and non-Indigenous services and improving ACCO resourcing.
Glen Sean Coulthard
- Published in print:
- 2014
- Published Online:
- August 2015
- ISBN:
- 9780816679645
- eISBN:
- 9781452948409
- Item type:
- chapter
- Publisher:
- University of Minnesota Press
- DOI:
- 10.5749/minnesota/9780816679645.003.0005
- Subject:
- Sociology, Social Movements and Social Change
Chapter four critically explores the convergence of Indigenous recognition politics with the more recent transitional justice discourse of “reconciliation” that began to gain considerable attention ...
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Chapter four critically explores the convergence of Indigenous recognition politics with the more recent transitional justice discourse of “reconciliation” that began to gain considerable attention in Canada following the publication of the Report of Royal Commission on Aboriginal Peoples (RCAP) in 1996.Less
Chapter four critically explores the convergence of Indigenous recognition politics with the more recent transitional justice discourse of “reconciliation” that began to gain considerable attention in Canada following the publication of the Report of Royal Commission on Aboriginal Peoples (RCAP) in 1996.
Robert J Miller, Jacinta Ruru, Larissa Behrendt, and Tracey Lindberg
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199579815
- eISBN:
- 9780191594465
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199579815.003.0007
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter explores the continual adoption of the principles of Discovery into contemporary Australian law. It looks at the overturning of the terra nullius element in the Mabo case in 1992 but ...
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This chapter explores the continual adoption of the principles of Discovery into contemporary Australian law. It looks at the overturning of the terra nullius element in the Mabo case in 1992 but also looks at how the Doctrine of Discovery still leaves a legacy in Australian law whereby the rights of indigenous peoples remain unprotected.Less
This chapter explores the continual adoption of the principles of Discovery into contemporary Australian law. It looks at the overturning of the terra nullius element in the Mabo case in 1992 but also looks at how the Doctrine of Discovery still leaves a legacy in Australian law whereby the rights of indigenous peoples remain unprotected.
Elizabeth Cassell
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199580910
- eISBN:
- 9780191723025
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199580910.003.0008
- Subject:
- Law, Comparative Law
European settlers in the mid-19th century laid claim to the majority of the Gitksan and Wet'suwet'en land, although the land was never conquered, ceded, or signed away under the treaty process that ...
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European settlers in the mid-19th century laid claim to the majority of the Gitksan and Wet'suwet'en land, although the land was never conquered, ceded, or signed away under the treaty process that prevailed in the other provinces of the Canadian Confederation. In order to establish a claim to the lands to which they have been entitled since time immemorial, all indigenous peoples of British Columbia must enter a tortuous land claims process. In 1984, frustrated by the long delays in the negotiation process, which only permitted two land claims to be heard at a time, 51 Hereditary Chiefs of Houses of the Gitksan and Wet'suwet'en peoples decided to bring their case to court in order to establish their claim through litigation rather than through negotiation. This chapter first evaluates the evidence submitted on behalf of the Gitksan and Wet'suwet'en, and then considers the effect of the proceedings on the Aboriginal people affected by the decisions handed down as the case proceeded through the trial and appeal processes. It then considers whether it is appropriate for anthropologists to appear as expert witnesses, and what, if anything, can be done to ensure that Aboriginal evidence is treated with the respect it deserves in the Canadian Courts.Less
European settlers in the mid-19th century laid claim to the majority of the Gitksan and Wet'suwet'en land, although the land was never conquered, ceded, or signed away under the treaty process that prevailed in the other provinces of the Canadian Confederation. In order to establish a claim to the lands to which they have been entitled since time immemorial, all indigenous peoples of British Columbia must enter a tortuous land claims process. In 1984, frustrated by the long delays in the negotiation process, which only permitted two land claims to be heard at a time, 51 Hereditary Chiefs of Houses of the Gitksan and Wet'suwet'en peoples decided to bring their case to court in order to establish their claim through litigation rather than through negotiation. This chapter first evaluates the evidence submitted on behalf of the Gitksan and Wet'suwet'en, and then considers the effect of the proceedings on the Aboriginal people affected by the decisions handed down as the case proceeded through the trial and appeal processes. It then considers whether it is appropriate for anthropologists to appear as expert witnesses, and what, if anything, can be done to ensure that Aboriginal evidence is treated with the respect it deserves in the Canadian Courts.
Judith Healy and Martin McKee
- Published in print:
- 2004
- Published Online:
- September 2009
- ISBN:
- 9780198516187
- eISBN:
- 9780191723681
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198516187.003.0014
- Subject:
- Public Health and Epidemiology, Public Health, Epidemiology
People of Aboriginal or Torres Strait Islander descent make up about 2.6% of the Australian population, but health outcomes for these groups remain abysmal. Aboriginal people live about twenty years ...
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People of Aboriginal or Torres Strait Islander descent make up about 2.6% of the Australian population, but health outcomes for these groups remain abysmal. Aboriginal people live about twenty years less than the rest of the population despite living in a country that has one of the best health systems in the world. In delivering health care to its indigenous people, Australia has moved from a mainstream model to a multicultural approach, to parallel health services in geographic areas with large indigenous populations. Health policies are one part of a complex picture since the well-being of Aboriginal people also depends upon the wider societal context. While there is some consensus upon key principles, such as primary health care, holistic health, and community control, policies and strategies are highly contested among the loose coalition of Aboriginal activists.Less
People of Aboriginal or Torres Strait Islander descent make up about 2.6% of the Australian population, but health outcomes for these groups remain abysmal. Aboriginal people live about twenty years less than the rest of the population despite living in a country that has one of the best health systems in the world. In delivering health care to its indigenous people, Australia has moved from a mainstream model to a multicultural approach, to parallel health services in geographic areas with large indigenous populations. Health policies are one part of a complex picture since the well-being of Aboriginal people also depends upon the wider societal context. While there is some consensus upon key principles, such as primary health care, holistic health, and community control, policies and strategies are highly contested among the loose coalition of Aboriginal activists.
Robert J Miller, Jacinta Ruru, Larissa Behrendt, and Tracey Lindberg
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199579815
- eISBN:
- 9780191594465
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199579815.003.0006
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter explores the ways in which the Doctrine of Discovery was used to justify the assertion of British sovereignty over Australia and its indigenous peoples, and is continued to be used to ...
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This chapter explores the ways in which the Doctrine of Discovery was used to justify the assertion of British sovereignty over Australia and its indigenous peoples, and is continued to be used to justify its colonization. It looks particularly at the development of the legal fiction of terra nullius.Less
This chapter explores the ways in which the Doctrine of Discovery was used to justify the assertion of British sovereignty over Australia and its indigenous peoples, and is continued to be used to justify its colonization. It looks particularly at the development of the legal fiction of terra nullius.
Faye Ginsburg
- Published in print:
- 1995
- Published Online:
- May 2012
- ISBN:
- 9780520087989
- eISBN:
- 9780520915251
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520087989.003.0007
- Subject:
- Anthropology, Anthropology, Global
This chapter addresses the recent development of` video, film, and television made by, with, and for Aboriginal Australians. It sketches briefly the context for the emergence of Aboriginal media as ...
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This chapter addresses the recent development of` video, film, and television made by, with, and for Aboriginal Australians. It sketches briefly the context for the emergence of Aboriginal media as it has been shaped by the interdependence of specific local situations and historically changing government policies, as well as transformations in consciousness of Aboriginal and Euro-Australians, and in the broader transnational polity known as the fourth world. Of particular interest is how differing notions of selfhood are negotiated through such work: these range from notions of community authorship embedded in indigenous understandings of cultural property and expression, to concepts of self-determination that have emerged in the political struggles of Aboriginal people in relation to the Australian state, to notions of individual self.Less
This chapter addresses the recent development of` video, film, and television made by, with, and for Aboriginal Australians. It sketches briefly the context for the emergence of Aboriginal media as it has been shaped by the interdependence of specific local situations and historically changing government policies, as well as transformations in consciousness of Aboriginal and Euro-Australians, and in the broader transnational polity known as the fourth world. Of particular interest is how differing notions of selfhood are negotiated through such work: these range from notions of community authorship embedded in indigenous understandings of cultural property and expression, to concepts of self-determination that have emerged in the political struggles of Aboriginal people in relation to the Australian state, to notions of individual self.
Lisa Tatonetti
- Published in print:
- 2014
- Published Online:
- August 2015
- ISBN:
- 9780816692781
- eISBN:
- 9781452949642
- Item type:
- chapter
- Publisher:
- University of Minnesota Press
- DOI:
- 10.5749/minnesota/9780816692781.003.0001
- Subject:
- Society and Culture, Native American Studies
This chapter offers a provisional history of the authors, genres, and subjects of queer Native studies, narrating a map of relationships and thereby providing a much needed genealogy of the field. It ...
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This chapter offers a provisional history of the authors, genres, and subjects of queer Native studies, narrating a map of relationships and thereby providing a much needed genealogy of the field. It exhumes and invigorates genealogical connections, and as a way to demonstrate that the seeming renaissance of the twenty-first century stems from deep and abiding roots and long-standing Indigenous intellectual traditions. It also contributes to the ongoing conversation about queer images and texts in Native American and Aboriginal literatures.Less
This chapter offers a provisional history of the authors, genres, and subjects of queer Native studies, narrating a map of relationships and thereby providing a much needed genealogy of the field. It exhumes and invigorates genealogical connections, and as a way to demonstrate that the seeming renaissance of the twenty-first century stems from deep and abiding roots and long-standing Indigenous intellectual traditions. It also contributes to the ongoing conversation about queer images and texts in Native American and Aboriginal literatures.
Emma Kowal and Joanna Radin
- Published in print:
- 2020
- Published Online:
- May 2021
- ISBN:
- 9780226481623
- eISBN:
- 9780226706016
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226706016.003.0010
- Subject:
- History, Historiography
Since the ability to freeze and successfully thaw living cells was developed in the mid-twentieth century, scientists have collected and frozen biological materials. To scientists, freezing promised ...
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Since the ability to freeze and successfully thaw living cells was developed in the mid-twentieth century, scientists have collected and frozen biological materials. To scientists, freezing promised to perpetually defer the death of individuals, populations, or species, transforming life itself in the process. This chapter considers the temporal implications of scientific freezing by focusing on specific kinds of frozen samples that are increasingly associated with controversy: those collected from people self-identified or marked as native, aboriginal, or indigenous. Some twentieth-century human biologists responded to the perceived endangerment of Indigenous peoples by freezing their genetic material, manipulating time to create a form of life without death. This chapter explores this form of time and life though the case of blood samples collected from Aboriginal and Torres Strait Islander communities in Australia. In particular, it focuses on one large collection first formed in the 1960s and currently maintained in various freezers at a major Australian university. This case illustrates two competing modes of temporality produced by the conjunction of Indigenous biospecimens and the freezer: latent life and incomplete death. Both are variations of “cryopolitics,” a theoretical frame we offer to analyze the effects of cryopreservation on time and life.Less
Since the ability to freeze and successfully thaw living cells was developed in the mid-twentieth century, scientists have collected and frozen biological materials. To scientists, freezing promised to perpetually defer the death of individuals, populations, or species, transforming life itself in the process. This chapter considers the temporal implications of scientific freezing by focusing on specific kinds of frozen samples that are increasingly associated with controversy: those collected from people self-identified or marked as native, aboriginal, or indigenous. Some twentieth-century human biologists responded to the perceived endangerment of Indigenous peoples by freezing their genetic material, manipulating time to create a form of life without death. This chapter explores this form of time and life though the case of blood samples collected from Aboriginal and Torres Strait Islander communities in Australia. In particular, it focuses on one large collection first formed in the 1960s and currently maintained in various freezers at a major Australian university. This case illustrates two competing modes of temporality produced by the conjunction of Indigenous biospecimens and the freezer: latent life and incomplete death. Both are variations of “cryopolitics,” a theoretical frame we offer to analyze the effects of cryopreservation on time and life.
Robyn Ferrell
- Published in print:
- 2012
- Published Online:
- November 2015
- ISBN:
- 9780231148801
- eISBN:
- 9780231504423
- Item type:
- chapter
- Publisher:
- Columbia University Press
- DOI:
- 10.7312/columbia/9780231148801.003.0003
- Subject:
- Philosophy, Aesthetics
This chapter argues that the point of desert women's painting is to “make a mark.” These marks are designed to generate the experience of the ancestors' actions, keeping the continuity of the ...
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This chapter argues that the point of desert women's painting is to “make a mark.” These marks are designed to generate the experience of the ancestors' actions, keeping the continuity of the Dreaming acting in the present. Through the painting, there can be a magical extension of the Aboriginal world; the sacred nature of these canvases is embedded in the experience of viewing them. The chapter then talks about Little Children are Sacred, a government report about the routine abuse of Aboriginal children, and maintains that children are sacred in Western culture—a fact that is exemplified by the mystery of maternal love. Feminist theory meets Indigenous art along the affective lines of the sacred, through color and genre, and through incidental feelings of love and shame, and anger and resentment.Less
This chapter argues that the point of desert women's painting is to “make a mark.” These marks are designed to generate the experience of the ancestors' actions, keeping the continuity of the Dreaming acting in the present. Through the painting, there can be a magical extension of the Aboriginal world; the sacred nature of these canvases is embedded in the experience of viewing them. The chapter then talks about Little Children are Sacred, a government report about the routine abuse of Aboriginal children, and maintains that children are sacred in Western culture—a fact that is exemplified by the mystery of maternal love. Feminist theory meets Indigenous art along the affective lines of the sacred, through color and genre, and through incidental feelings of love and shame, and anger and resentment.
Brittany Lambert
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199755011
- eISBN:
- 9780199918867
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199755011.003.0010
- Subject:
- Psychology, Developmental Psychology
Belonging to a minority or Indigenous group is one of the greatest obstacles to a quality education. This case study examines how Bolivia successfully increased enrollment, reduced drop-out rates and ...
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Belonging to a minority or Indigenous group is one of the greatest obstacles to a quality education. This case study examines how Bolivia successfully increased enrollment, reduced drop-out rates and raised achievement among its majority Indigenous population through an ambitious home-language learning program implemented in 1500 schools nation-wide. The Intercultural Bilingual Education Program’s approach consisted of teaching Indigenous children to read and write in their home language first, then gradually integrating Spanish. The chapter describes how the program improved Indigenous children’s educational outcomes, increased their levels of participation and engagement in class, and improved the status of Indigenous languages. Despite these successes, the chapter also highlights several challenges that the program has encountered, including management problems, human resources problems, conceptual problems and public opinion problems.Less
Belonging to a minority or Indigenous group is one of the greatest obstacles to a quality education. This case study examines how Bolivia successfully increased enrollment, reduced drop-out rates and raised achievement among its majority Indigenous population through an ambitious home-language learning program implemented in 1500 schools nation-wide. The Intercultural Bilingual Education Program’s approach consisted of teaching Indigenous children to read and write in their home language first, then gradually integrating Spanish. The chapter describes how the program improved Indigenous children’s educational outcomes, increased their levels of participation and engagement in class, and improved the status of Indigenous languages. Despite these successes, the chapter also highlights several challenges that the program has encountered, including management problems, human resources problems, conceptual problems and public opinion problems.
Dr. P. G. McHugh
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199699414
- eISBN:
- 9780191732133
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199699414.003.0002
- Subject:
- Law, Public International Law, Legal History
This chapter looks at key predicates of the doctrine as it began to be articulated, in particular its emphasis upon the role of the Crown and the core distinction between imperium (sovereignty) and ...
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This chapter looks at key predicates of the doctrine as it began to be articulated, in particular its emphasis upon the role of the Crown and the core distinction between imperium (sovereignty) and dominium (ownership). It looks at the traditional non-receptivity of courts to tribal land claims and their depiction of these as encompassed by a non-justiciable Crown guardianship. With the political impasse of the post-assimilation era of the 1970s legal scholars turned to the courts, assembling the legal argumentation to reverse their previous pattern. The chapter looks at the pre-history and chronological sequence of breakthrough cases in Canada, New Zealand, and Australia by which aboriginal title burst onto the legal scene and drove governments towards new and unaccustomed as well as legally compelled policies of accommodation. Courts became poised to elaborate the tribal proprietary rights and as new brokers of the tribes relations with governments.Less
This chapter looks at key predicates of the doctrine as it began to be articulated, in particular its emphasis upon the role of the Crown and the core distinction between imperium (sovereignty) and dominium (ownership). It looks at the traditional non-receptivity of courts to tribal land claims and their depiction of these as encompassed by a non-justiciable Crown guardianship. With the political impasse of the post-assimilation era of the 1970s legal scholars turned to the courts, assembling the legal argumentation to reverse their previous pattern. The chapter looks at the pre-history and chronological sequence of breakthrough cases in Canada, New Zealand, and Australia by which aboriginal title burst onto the legal scene and drove governments towards new and unaccustomed as well as legally compelled policies of accommodation. Courts became poised to elaborate the tribal proprietary rights and as new brokers of the tribes relations with governments.
Avigail Eisenberg
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199291304
- eISBN:
- 9780191710704
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199291304.003.0004
- Subject:
- Political Science, Comparative Politics, Political Theory
This chapter examines the first sceptical reservation to the public assessment of identity claims, namely that identity claims are incommensurable. The problem of incommensurability rests on the idea ...
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This chapter examines the first sceptical reservation to the public assessment of identity claims, namely that identity claims are incommensurable. The problem of incommensurability rests on the idea that no coherent basis exists upon which to evaluate conflicting views about how identity matters and how it is to be weighed against other putatively fundamental considerations at play in any given conflict. This challenge is explored in relation to conflicts that arise between claims to sexual equality and minority claims to cultural accommodation or autonomy. Two approaches, one of which is rights‐based and the other which focuses on resolving conflicts through democratic processes, often lead to inadequate resolutions. The identity approach is shown to provide a more helpful approach that does not founder on the problem of incommensurability. The chapter compares the three approaches in relation to conflicts about sexist membership rules in Indigenous communities, and in relation to polygamy.Less
This chapter examines the first sceptical reservation to the public assessment of identity claims, namely that identity claims are incommensurable. The problem of incommensurability rests on the idea that no coherent basis exists upon which to evaluate conflicting views about how identity matters and how it is to be weighed against other putatively fundamental considerations at play in any given conflict. This challenge is explored in relation to conflicts that arise between claims to sexual equality and minority claims to cultural accommodation or autonomy. Two approaches, one of which is rights‐based and the other which focuses on resolving conflicts through democratic processes, often lead to inadequate resolutions. The identity approach is shown to provide a more helpful approach that does not founder on the problem of incommensurability. The chapter compares the three approaches in relation to conflicts about sexist membership rules in Indigenous communities, and in relation to polygamy.
Avigail Eisenberg
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199291304
- eISBN:
- 9780191710704
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199291304.001.0001
- Subject:
- Political Science, Comparative Politics, Political Theory
The current legal and political context is perhaps more congenial than ever before to considering claims made by minorities for the protection of some aspect of their identity. This book argues that ...
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The current legal and political context is perhaps more congenial than ever before to considering claims made by minorities for the protection of some aspect of their identity. This book argues that multicultural societies depend for their success on having courts and legislatures which are capable of assessing these identity claims in a fair and transparent manner. Identity claims appeal to distinctive and important features of an individual's or group's identity. Despite the ubiquity of identity claims before public institutions, how decision makers assess these claims and the identities of the groups which make them is only vaguely understood and mostly ignored in normative political theory and policy analysis. This book examines the key approaches used by national and international institutions to assessing the identity claims of religious, cultural, and Indigenous minorities today. It develops a normative guide to aid in the fair assessment of identity claims. The identity approach developed in the book is grounded on the requirement that public institutions must respect people's identities and that these institutions must have the capacity to reflect on their own unfair biases. The analysis identifies and responds to four important skeptical challenges to the public assessment of identity claims which include concerns about the incommensurability and questionable authenticity of identity claims, and about the risks of essentializing and domesticating the identities of the people who advance them. The approach developed in this book explains how decision makers can meet these challenges while engaging in a fair and transparent assessment of identity claims.Less
The current legal and political context is perhaps more congenial than ever before to considering claims made by minorities for the protection of some aspect of their identity. This book argues that multicultural societies depend for their success on having courts and legislatures which are capable of assessing these identity claims in a fair and transparent manner. Identity claims appeal to distinctive and important features of an individual's or group's identity. Despite the ubiquity of identity claims before public institutions, how decision makers assess these claims and the identities of the groups which make them is only vaguely understood and mostly ignored in normative political theory and policy analysis. This book examines the key approaches used by national and international institutions to assessing the identity claims of religious, cultural, and Indigenous minorities today. It develops a normative guide to aid in the fair assessment of identity claims. The identity approach developed in the book is grounded on the requirement that public institutions must respect people's identities and that these institutions must have the capacity to reflect on their own unfair biases. The analysis identifies and responds to four important skeptical challenges to the public assessment of identity claims which include concerns about the incommensurability and questionable authenticity of identity claims, and about the risks of essentializing and domesticating the identities of the people who advance them. The approach developed in this book explains how decision makers can meet these challenges while engaging in a fair and transparent assessment of identity claims.
Jack Ford and Philip Cass
- Published in print:
- 2020
- Published Online:
- January 2021
- ISBN:
- 9781496828019
- eISBN:
- 9781496828002
- Item type:
- chapter
- Publisher:
- University Press of Mississippi
- DOI:
- 10.14325/mississippi/9781496828019.003.0003
- Subject:
- Literature, Comics Studies
Jack Ford and Philip Cass provide a critical overview of the history of absenting and misrepresenting Indigenous peoples of Australasia. And while they point out that the Australian and New Zealand ...
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Jack Ford and Philip Cass provide a critical overview of the history of absenting and misrepresenting Indigenous peoples of Australasia. And while they point out that the Australian and New Zealand comics markets were much smaller than those of the US, there was still a tradition of white male comic book storytellers creating both racist stereotypes and also complex Maori and Aboriginal characters and stories.Less
Jack Ford and Philip Cass provide a critical overview of the history of absenting and misrepresenting Indigenous peoples of Australasia. And while they point out that the Australian and New Zealand comics markets were much smaller than those of the US, there was still a tradition of white male comic book storytellers creating both racist stereotypes and also complex Maori and Aboriginal characters and stories.
Robyn Ferrell
- Published in print:
- 2012
- Published Online:
- November 2015
- ISBN:
- 9780231148801
- eISBN:
- 9780231504423
- Item type:
- chapter
- Publisher:
- Columbia University Press
- DOI:
- 10.7312/columbia/9780231148801.003.0002
- Subject:
- Philosophy, Aesthetics
This chapter discusses how the story of Aboriginal acrylic art has become more poignant as a result of the troubled nature of life in the outback communities. While the art's economic success holds ...
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This chapter discusses how the story of Aboriginal acrylic art has become more poignant as a result of the troubled nature of life in the outback communities. While the art's economic success holds out an almost utopic possibility of Indigenous cultural renaissance, it is third-world living standards that remain the present reality. Aboriginal artists have become used to their designs serving economic ends, and now contemporary Aboriginal art is forming inside the Western global art scene. This can lead to anxieties in the marketplace, where a certain desire for “authenticity” still imagines a traditional art and resists viewing it as contemporary, asserting that the artists know nothing of the wider art tradition from their own culture. The latter part of the chapter examines image logic and photojournalism, stating that the logic of the image underpins the intelligibility of “Aboriginal Art;” and that photojournalism falls into the realm of the aesthetic while critically involved in commodification.Less
This chapter discusses how the story of Aboriginal acrylic art has become more poignant as a result of the troubled nature of life in the outback communities. While the art's economic success holds out an almost utopic possibility of Indigenous cultural renaissance, it is third-world living standards that remain the present reality. Aboriginal artists have become used to their designs serving economic ends, and now contemporary Aboriginal art is forming inside the Western global art scene. This can lead to anxieties in the marketplace, where a certain desire for “authenticity” still imagines a traditional art and resists viewing it as contemporary, asserting that the artists know nothing of the wider art tradition from their own culture. The latter part of the chapter examines image logic and photojournalism, stating that the logic of the image underpins the intelligibility of “Aboriginal Art;” and that photojournalism falls into the realm of the aesthetic while critically involved in commodification.
Loukas Koungoulos and Melanie Fillios
- Published in print:
- 2020
- Published Online:
- September 2020
- ISBN:
- 9780813066363
- eISBN:
- 9780813058573
- Item type:
- chapter
- Publisher:
- University Press of Florida
- DOI:
- 10.5744/florida/9780813066363.003.0009
- Subject:
- Archaeology, Historical Archaeology
The Australian dingo is an enigma—vilified by some, and little understood by most. Alternatively viewed as a native and invasive species, its ecological status as a sheep killer is often the focus, ...
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The Australian dingo is an enigma—vilified by some, and little understood by most. Alternatively viewed as a native and invasive species, its ecological status as a sheep killer is often the focus, instead of its long and complex relationship with Indigenous Australians. This chapter explores the dingo’s dynamic and complex relationship with Aboriginal peoples over the past four to five thousand years, with a particular emphasis on hunting. It brings together archaeological and ethnographic evidence in an effort to bring clarity to this aspect of the dingo-human relationship. We question the use of ethnography and early colonial written records to infer pre-contact human-dingo relationships, particularly the recent suggestion that dingoes, acting as hunting companions, may have changed the gendered division of labor in Aboriginal societies, arguing that this is instead an over-simplification of a dynamic and variable relationship that warrants closer scrutiny.Less
The Australian dingo is an enigma—vilified by some, and little understood by most. Alternatively viewed as a native and invasive species, its ecological status as a sheep killer is often the focus, instead of its long and complex relationship with Indigenous Australians. This chapter explores the dingo’s dynamic and complex relationship with Aboriginal peoples over the past four to five thousand years, with a particular emphasis on hunting. It brings together archaeological and ethnographic evidence in an effort to bring clarity to this aspect of the dingo-human relationship. We question the use of ethnography and early colonial written records to infer pre-contact human-dingo relationships, particularly the recent suggestion that dingoes, acting as hunting companions, may have changed the gendered division of labor in Aboriginal societies, arguing that this is instead an over-simplification of a dynamic and variable relationship that warrants closer scrutiny.
