Disinterested truth: legitimation of the doctrine of tenure post-Mabo

This article argues that it is time for the complete abolition of feudal tenure in Australian land law and its replacement with an allodial model better able to promote proprietary independence, equality and cultural neutrality. The article considers the questionable constitutional legitimacy of adopting strict feudal tenets in a territory already inhabited by indigenous occupants. It goes on to examine the various legitimation devices that the courts have utilised to sustain the feudal construct and the effect that Mabo has had upon feudal orthodoxy. In particular, the article outlines why post-Mabo tenure is incapable of embracing a pluralist land system; it is suggested that the Eurocentric character of feudal tenure and the structural impediments associated with the acceptance of a non-Crown title prevent it from ever being able to effectively integrate native title into the structure of property law. In light of this, the article argues that post-Mabo tenure lacks both legal and social legitimacy and the 'disinterested' perpetuation of this system must be brought to an end. The article argues that the time has well and truly come to replace feudal tenure with an allodial model based broadly on the system that has developed in the United States but with particularised adaptations. The removal of the Crown and its associated cultural assumptions from the land framework would, it is argued, allow land interests to develop according to their individual cultural origins. This would create a more responsive and balanced system better equipped to embrace the developments of contemporary common law jurisprudence.

Doubles or nothing : the problem of binding truth to being in the work of Alain Badiou

In this article, I discuss how things go with the "Nothing" in the work of Alain Badiou, a topic which is evidently central to his thought, and which has received a great deal of attention in the commentary to date. As this problem is inaccessible outside of Badiou’s deployment of mathematics, I will suggest how accounts of Badiou’s work remain flawed insofar as they evade his mathematical demonstrations, and I attempt to clarify how mathematics operates in his system. I then examine the consequences that such a use of mathematics has for Badiou’s doctrine of the nothing. I conclude with a discussion of some of the difficulties that the nothing continues to pose to Badiou, which have not (yet) been satisfactorily resolved. These difficulties devolve from the problematic of the incessantly doubling void.

Truth is God harm minimization through the practice of ecologically sustainable design and buddhism

The emergence of the global ecological crisis is presenting unique opportunities for the coordination of ethical thinking across cultural boundaries. Harm minimization as an ethical imperative operates as the ‘modus operandi’ behind both Ecologically Sustainable Design (ESD) and Buddhist practice. The architectural response to ESD is founded upon the ‘Declaration of Interdependence for a Sustainable Future’ adopted in 1993 by the International Union of Architects, of which the RAIA is a member.

Buddhism is a response to existential concerns universal to humanity. It developed as a set of principles for personal transformation known as the Four Noble Truths elucidated two and a half thousand years ago. Buddhist meditation practise ‘interrupts automatic patterns of conditioned behaviour’ recognised as the major obstacle to be overcome in any programme for change. Unsustainable egocentric behaviour is considered fundamental to our global ecological crisis and calls for radical behavioural change are increasingly being heard at the professional as well as the personal level. Emerging synergies between the Western cognitive sciences and Buddhist study of the mind increasingly validate the Tibetan Buddhist mind development phenomenon. Buddhists argue that their programme for enhancing ethical behaviour through mind development is a step-by step process of observation and analysis built upon empirical observation – a fundamental pre-requisite of any ‘scientific’ enquiry. Collaborative research programmes currently underway are an attempt to re-interpret Buddhist meditation techniques within a framework acceptable to Western scientific understanding. A truly holistic approach to harm minimization requires its consideration.

Staking a truth claim : Constructing a document in two laws

The documentary 'Two Laws' constitutes a legal document in support of the Borroloola claim to their land and contributes to the decolonisation of the images of Aboriginal Australia, which have circulated within ethnographic cinema, television journalism and fiction film. The 'two laws' of the film's title refer to white law and 'the Law', the system which regulates Borroloola social interactions and relationships with the land.

Wikileaks : the truth or not?

We live in the Information Age, an age where information is shared in a global context and in real time. The issue is whether all information should be disclosed. In the ‘Information Age’ do secrets still exist? Another major issue is whether groups of vigilantes are the ones who should be disclosing this information, should these vigilante groups be trusted? This paper will focus upon the impact of Wikileaks and the problem of Information disclosure especially when that information is confidential. It will identify cases for discussion. In the main these cases will be of a military flavour.