Challenging the assumptions of positivism : an analysis of the concept of society in Sampi on behalf of the Bardi and Jawi people v Western Australia [2010] and Bodney v Bennell [2008]

The requirement to prove a society united by a body of law and customs to establish native title rights has been identified as a major hurdle to achieving native title recognition. The recent appeal decision of the Federal Court in Sampi on behalf of the Bardi and Jawi People v Western Australia [2010] opens the potential for a new judicial interpretation of society based on the internal view of native title claimants. The decision draws on defining features of legal positivism to inform the court’s findings as to the existence of a single Bardi Jawi society of ‘one people’ living under ‘one law’. The case of Bodney v Bennell [2008] is analysed through comparitive study of how the application of the received positivist framework may limit native title recognition. This paper argues that the framing of Indigenous law by reference to Western legal norms is problematic due to the assumptions of legal positivism and that an internal view based on Indigenous worldviews, which see law as intrinsically linked to the spiritual and ancestral connection to country, is more appropriate to determine proof in native title claims.

Re-Presenting/Representing Melbourne: A literary and cultural analysis of Melbourne’s inner city and outer suburbs in contemporary fiction

This article provides an overview of a research project investigating contemporary literary representations of Melbourne’s inner and outer suburban spaces. It will argue that the city represented by local writers is an often more complex way of envisioning the city than the one presented in public policy and cultural discourses. In this view, the writer’s vision of a city does not necessarily override or provide a “truer’ account but it is in the fictional city where the complexity of the everyday life of a city is most accurately portrayed. The article will also provide an overview of the theoretical framework for reading the fictional texts in this way, examining how Soja’s concept of Thirdspace (2006) provides a place to engage “critically with theoretical issues, while simultaneously being that space where the debate occurs” (Mole 2008: 3).

Ladies on the loose : contemporary female travel as a 'promiscuous' excursion

This paper maps gendered trouble spots in contemporary works of female travel. Since travel itself is a metaphor for the slippage or displacement of cultural knowledge, there is need for closer and more complex readings of the female practice. This paper locates the contemporary female traveller on ground and on page, and flags some of the cultural myths and misconceptions that affect how she moves through the world. When women travel, they inscribe themselves across landscapes that have been previously overlooked, openly discarded and largely unexamined. In doing so, they travel intricate courses due to historical connections between wandering and promiscuity and continuing confusions between issues of mobility and morality in the modern world. Taking gender then as its interpretative parameter, this paper explores the troublesome nature of women’s travel, citing various texts as examples.

Green IT : a matter of business and information systems engineering?

This panel discusses the impact of Green IT on information systems and how information systems can meet environmental challenges and ensure sustainability. We wish to highlight the role of green business processes, and specifically the contributions that the management of these processes can play in leveraging the transformative power of IS in order to create an environmentally sustainable society. The management of business processes has typically been thought of in terms of business improvement alongside the dimensions time, cost, quality, or flexibility – the so-called ‘devil’s quadrangle’. Contemporary organizations, however, increasingly become aware of the need to create more sustainable, IT-enabled business processes that are also successful in terms of their economic, ecological, as well as social impact. Exemplary ecological key performance indicators that increasingly find their way into the agenda of managers include carbon emissions, data center energy, or renewable energy consumption (SAP 2010). The key challenge, therefore, is to extend the devil’s quadrangle to a devil’s pentagon, including sustainability as an important fifth dimension in process change.

Space : Irrealis objects and their role in a new political economy

In this paper, I show how new spaces are being prefigured for colonisation in the language of contemporary technology policy. Drawing on a corpus of 1.3 million words collected from technology policy centres throughout the world, I show the role of policy language in creating the foundations of an emergent form of political economy. The analysis is informed by principles from critical discourse analysis (CDA) and classical political economy. It foregrounds a functional aspect of language called process metaphor to show how aspects of human activity are prefigured for mass commodification by the manipulation of irrealis spaces. I also show how the fundamental element of any new political economy, the property element, is being largely ignored. The potential creation of a global space as concrete as landed property – electromagnetic spectrum – has significant ramifications for the future of social relations in any global “knowledge economy”.

The coming of post-reflexive society : a critique of the political economy of digital capitalism

Language is a unique aspect of human communication because it can be used to discuss itself in its own terms. For this reason, human societies potentially have superior capacities of co-ordination, reflexive self-correction, and innovation than other animal, physical or cybernetic systems. However, this analysis also reveals that language is interconnected with the economically and technologically mediated social sphere and hence is vulnerable to abstraction, objectification, reification, and therefore ideology – all of which are antithetical to its reflexive function, whilst paradoxically being a fundamental part of it. In particular, in capitalism, language is increasingly commodified within the social domains created and affected by ubiquitous communication technologies. The advent of the so-called ‘knowledge economy’ implicates exchangeable forms of thought (language) as the fundamental commodities of this emerging system. The historical point at which a ‘knowledge economy’ emerges, then, is the critical point at which thought itself becomes a commodified ‘thing’, and language becomes its “objective” means of exchange. However, the processes by which such commodification and objectification occurs obscures the unique social relations within which these language commodities are produced. The latest economic phase of capitalism – the knowledge economy – and the obfuscating trajectory which accompanies it, we argue, is destroying the reflexive capacity of language particularly through the process of commodification. This can be seen in that the language practices that have emerged in conjunction with digital technologies are increasingly non-reflexive and therefore less capable of self-critical, conscious change.

The symbiosis of improvised and rehearsed elements in the creation of contemporary jazz ensemble music

This research investigates the symbiotic relationship between composition and improvisation and the notion of improvisation itself. With a specific interest in developing, extending and experimenting with the relationship of improvisation within predetermined structures, the creative work component of this research involved composing six new works with varying approaches for The Andrea Keller Quartet and guest improvisers, for performance on a National Australian tour. This is documented in the CD recording Galumphing Round the Nation - Collaborations Tour 2009. The exegesis component is intended to run alongside the creative work and discusses the central issues surrounding improvisation in an ensemble context and the subject of composing for improvisers. Specifically, it questions the notion that when music emphasises a higher ratio of spontaneous to pre-determined elements, and is exposed to the many variables of a performance context, particularly through its incorporation of visitant improvisers, the resultant music should potentially be measurably altered with each performance. This practice-led research demonstrates the effect of concepts such as individuality, variability within context, and the interactive qualities of contemporary jazz ensemble music. Through the analysis and comparison of the treatment of the six pieces over thirteen performances with varying personnel, this exegesis proposes that, despite the expected potential for spontaneity in contemporary jazz music, the presence of established patterns, the desire for familiarity and the intuitive tendency towards accepted protocols ensure that the music which emerges is not as mutable as initially anticipated.

Labyrinthine literacies : navigating cultural agency in the arrival and requiem for a beast

The OED reminds us as surely as Ovid that a labyrinth is a “structure consisting of a number of intercommunicating passages arranged in bewildering complexity, through which it is it difficult or impossible to find one’s way without guidance”. Both Shaun Tan’s The Arrival (2006) and Matt Ottley’s Requiem for a Beast: A Work for Image, Word and Music (2007) mark a kind of labyrinthine watershed in Australian children’s literature. Deploying complex, intercommunicating logics of story and literacy, these books make high demands of their reader but also offer guidance for the successful navigation of their stories; for their protagonists as surely as for readers. That the shared logic of navigation in each book is literacy as privileged form of meaning-making is not surprising in the sense that within “a culture deeply invested in myths of individualism and self-sufficiency, it is easy to see why literacy is glorified as an attribute of individual control and achievement” (Williams and Zenger 166). The extent to which these books might be read as exemplifying desired norms of contemporary Australian culture seems to be affirmed by the fact of Tan and Ottley winning the Australian “Picture Book of the Year” prize awarded by the Children’s Book Council of Australia in 2007 and 2008 respectively. However, taking its cue from Ottley’s explicit intertextual use of the myth of Theseus and from Tan’s visual rhetoric of lostness and displacement, this paper reads these texts’ engagement with tropes of “literacy” in order to consider the ways in which norms of gender and culture seemingly circulated within these texts might be undermined by constructions of “nation” itself as a labyrinth that can only partly be negotiated by a literate subject. In doing so, I argue that these picture books, to varying degrees, reveal a perpetuation of the “literacy myth” (Graff 12) as a discourse of safety and agency but simultaneously bear traces of Ariadne’s story, wherein literacy alone is insufficient for safe navigation of the labyrinth of culture.

On the contemporary position of the Indigenous peoples of Australia

This paper highlights the contemporary disadvantaged position of Indigenous peoples of Australia.∗ It discusses a number of data quality issues on Indigenous data, before examining Indigenous disadvantage across five key areas: (1) education; (2) employment; (3) housing and living conditions; (4) health and wellbeing; and (5) crime and justice. Given the call for all governments to implement a framework to overcome Indigenous disadvantage, we recommend that future research begin with an investigation of non-Indigenous attitudes towards, and knowledge of, the position of Indigenous peoples in Australia. This is essential towards developing an understanding of the general public’s current perceptions of Indigenous peoples’ position in Australia, particularly where the development of policies pertaining to Indigenous peoples requires cooperative action and the support of the broader Australian population.

Society, history and research processes

In this reflection on research processes a humanities researcher begins to ask questions about the cultural materialist dimensions of research activities. At the center of this exploration are questions relating to the ways in which personal histories and experiences inform particular research processes and the ways in which a researcher's habits of collecting and working with data are regulated by cultural and social practice. The reflection on personal research processes is located in terms of the ethics work of Michel Foucault that provides reminders about the role of modern bureaucracy in governing what appear to be personal processes.

Redesigning school spaces : creating possibilities for learning

This chapter reports on a project in which university researchers’ expertise in architecture, literacy and communications enabled two teachers in one school to expand the forms of literacy that primary school children engaged in. Starting from the school community’s concerns about an urban renewal project in their neighbourhood, participants collaborated to develop a curriculum of spatial literacies with real-world goals and outcomes. We describe how the creative re-design of curriculum and pedagogy by classroom teachers, in collaboration with university academics and students, allowed students aged 8 to 12 years to appropriate semiotic resources from their local neighbourhood, home communities, and popular culture to make a difference to their material surrounds. We argue that there are productive possibilities for educators who integrate critical and place-based approaches to the design and teaching of the literacy curriculum with work in other learning areas such as society and environment, technology and design and the arts. The student production of expansive and socially significant texts enabled by such approaches may be especially necessary in contemporary neoconservative policy contexts that tend to limit and constrain what is possible in schools.

Organized crime : policing illegal business entrepreneurialism

Organized crime in the twenty-first century is a knowledge war that poses an incalculable global threat to the world economy and harm to society - the economic and social costs are estimated at upwards of L20 billion a year for the UK alone (SOCA 2006/7). Organized Crime: Policing Illegal Business Entrepreneurialism offers a unique approach to the tackling of this area by exploring how it works through the conceptual framework of a business enterprise. Structured in three parts, the book progresses systematically through key areas and concepts integral to dealing effectively with the myriad contemporary forms of organised crime and provides insights on where, how and when to disrupt and dismantle a criminal business activity through current policing practices and policies. From the initial set up of a crime business through to the long term forecasting for growth and profitability, the authors dissect and analyse the different phases of the business enterprise and propose a 'Knowledge-Managed Policing' (KMP) approach to criminal entrepreneurialism. Combining conceptual and practical issues, this is a must-have reference for all police professionals, policing academics and government policy makers who are interested in a Strategy-led, Intelligence supported, Knowledge-Managed approach to policing illegal business entrepreneurialism.