‘To exercise a beneficial influence over a man’ : marriage, gender and the native institutions in early colonial Australia

This chapter examines understandings of marriage among missionaries and humanitarians connected with two early colonial ‘Native Institutions’. A comparison of the Parramatta Native Institution in New South Wales and the Albany Native Institution in Western Australia demonstrates that concerns about marriage were central in discussions about the formation and maintenance of these Institutions. Both of these Institutions were established and supported by British evangelicals, who had brought with them to Australia powerful assumptions about gender roles, particularly in
marriage. These assumptions influenced their decisions regarding the children who resided in the Native Institutions. Within specific colonial contexts, however, the assumptions of humanitarians and missionaries did not remain static, and debates over the futures of the Aboriginal children they sought to educate reveal complex and shifting hierarchies of race, gender and class.

Forms of memory in post-colonial Australia

There are many forms of memory in post-colonial Australia, and many kinds
of haunting. This paper investigates the poetry of contemporary Indigenous poets Sam Wagan Watson and Tony Birch, and reads the script of the Federal Government’s February 2008 Apology to the Stolen Generations, asking how and why the nation should be haunted – historically and imaginatively - into the future.

The coming republic : citizenship and the public sphere in post-colonial Australia

The 'coming republic' (Home, 1992) is a reference point in a public discourse about Australian citizenship and national identity. An analysis of this debate raises questions about the degree to which the mass media, as the site of a contemporary public sphere, facilitates democratic change and promotes or demotes the various interests competing for scarce speaking positions. This paper uses the Australian experience to question the ideologies that support the media as marketplace, and suggests the need for an alternative to liberal-democratic and pluralist approaches to theorising the public sphere.

Teaching climate change at the end of nature: post-colonial Australia, Indigenous realism and Alexis Wright's The Swan Book

Climate change is an enormous and increasingly urgent issue. This important book highlights how humanities disciplines can mobilize the creative and critical power of students, teachers, and communities to confront climate change.

Savage or civilised? : manners in colonial Australia

Book review for Savage or Civilised? Manners in Colonial Australia by Penny Russell.

Omega-3 polyunsaturated fatty acid contents of canned meats avaialbe in Australia

Total lipid content of 20 species of canned meats available in Australia ranged from 2% in chicken (Hormel, USA) to 41% in stewed pork (Ma Ling, China). Total n-3 polyunsaturated fatty acids (PUFA) ranged from 30 in canned chicken (Hormel) to 659 mg/100 g in chicken hot dog (Tulip, Denmark). The 18:2n-6 was the predominant PUFA, ranging from 187 in corned beef (Hamper, Australia) to 2832 mg/100 g in chicken luncheon meat (Tulip). Other main PUFA, in order of concentration, were 18:3n-3, ranging from 14 in canned chicken (Hormel) to 590 mg/100 g in chicken hot dog (Tulip); conjugated 18:2n-6 (CLA) from 1 in chicken (Hormel) to 135 mg/100 g in corned mutton (Colonial, Australia); 20:4n- 6 from 11 in camp pie (Tom Piper, Australia) to 73 mg/100 g in spiced ham (Hormel); and 22:5n-3 from 5 in chicken (Hormel) and chicken luncheon (Almaraai, Jordan) to 45 mg/100 g in stewed pork (Ma Ling). Total saturated fatty acids (SFA) ranged from 598 to 14 660 mg/100 g, with 16:0 predominant followed by 18:0. Total monounsaturated fatty acid concentration ranged between 813 to 20 218 mg/100 g with 18:1 the major fatty acid. Trans 18:1 ranged from 10 to 698 mg/100 g. The canned meats contained 20 and 22-carbon long chain n-3 PUFA at levels comparable with or greater than those in fresh lean meat.

The descent of Morgan in Australia: kinship representation from the Australian colonies

Morgan had two extraordinary disciples in Lorimer Fison and Alfred Howitt in Australia. They were inspired by Morgan’s kinship schedule and were profoundly engaged in the method and theory of the collection of kinship data and its interpretation. Fison began using the schedule in Fiji in 1869. Soon after his first contact with Howitt, in 1873, they changed the method of collection of kinship terminologies. This paper traces the shift from tabulated kinship lists to family trees and the use of sticks to represent relationships (nearly twenty years before Rivers’ celebrated ‘genealogical method’), as well as efforts to find new means of representing kinship through experimentation with ‘ graphic formulae’ inspired by chemical equations. These innovations first occurred through the gathering of kinship data about the Kŭnai of Gippsland, Victoria, and crucially involved close collaboration between Howitt and his Kŭnai consultant Tulaba. What was revealed in this process was an indigenous kinship system quite different from that found in other parts of colonial Australia known at the time. Fison and Howitt explained this system as transitional between two stages in terms of Morgan’s evolutionary scheme, but at the same time challenged the assumption that the general scheme could be applied to Australia. While the details of Morgan’s evolutionary stages have faded from view, the methods of collection, representation, transmission, comparison and interpretation of kinship data are still live issues in anthropology today. The kind of kinship system discovered in Gippsland involved neutralisation of the cross-parallel distinctions, distinctions that are otherwise typical of Australia. Such neutralisation can now be shown to occur elsewhere in Australia. There does indeed seem to have been a transition from a Dravidianate system with cross-parallel distinctions to ‘overlays’ of cross-parallel neutralisation, and finally a complete loss in some generations of such distinctions in the terminology. These discoveries open up possibilities of rebuilding a diachronic theory of kinship change and evolution, incorporating some of the insights of Fison and Howitt, though without their specific hypotheses, either of local developments in Gippsland or the grand scheme of Morgan.

Feudal tenure and native title: revising an enduring fiction

This article argues that the feudal doctrine of tenure continues to endure as the foundation for Australian land law despite its obvious social and historical irrelevance. The doctrine of tenure is a derivation of feudal history. The article examines some of its historical foundations with the aim of highlighting the disparity between the fiction of this inherited form and the reality of a colonial Australian landscape. Particular attention is given to the fact that Australian feudal tenure was always a passive framework. It was disconnected with the landscape and therefore incapable of responding to the needs of colonial expansion. This resulted in a clear disparity between feudal form and the reality of a land system populated by statutory grants. The article argues that feudal tenure was never truly devised as a responsive land system but rather, adopted as a sovereignty device. In this sense, legal history was utilised with the aim of promoting imperial objectives within colonial Australia. Tenure was equated with absolute Crown ownership over all Australian territory despite the fact that this was inconsistent with the orthodox tenets of feudal tenure.
The article argues that the consequence of adopting feudal tenure and absolute Crown ownership has been the estrangement of indigenous rights, title and culture. The creation and legitimisation of a land framework with a fundamentally Eurocentric perspective completely destroyed indigenous interests during the settlement and colonial era. It created an imperial ideology where colonists silently accepted the denial of indigenous identity. The decision of the Mabo High Court to reassess this historical perspective and accept the validity of proven native title claims clearly disturbed tenurial assumptions. However, the High Courts' reification of the feudal form created a fundamental paradox: indigenous title was accepted as a proprietary right within a framework incapable of and unequipped to recognise the fundamentally different cultural perspectives of customary ownership. The article argues that native title cannot evolve within a common law framework that regards ownership as a derivation of the English Crown. It is suggested that ultimately, a pluralist property culture, where indigenous and non-indigenous title exist as equalised entities, can only be properly nurtured with the full and absolute abolition of the feudal doctrine of tenure.

Statutory verification of water rights: the 'insuperable' difficulties of propertising water entitlements

The abolition of riparian entitlements in the early stages of colonial Australia and the vesting of these rights in the Crown represented a turning point for the evolution of private water rights. The extinguishment of common law rights connected to vested land interests and the introduction of new, unaligned statutory entitlements provided a new and fundamentally different system for the creation and regulation of private water entitlements. Unlike riparian entitlements, in the absence of express definition, statutory water entitlements may only be verified as property where such a construction is consistent with the nature and scope of the entitlement. In this respect, the statutory framework has disaggregated the propertisation of water rights from land ownership and linked the process to broader statutory interpretation principles. The shift away from institutional property has generated concerns about the interpretive approaches appropriate for the verification of legislative water entitlements. This article examines the existing interpretive approaches and argues that the blurring of the propertisation process with the separate issue of whether any change or modification of such water rights attracts s 51(xxxi) of the Commonwealth Constitution has produced a situation where core property indicia is increasingly overshadowed by legislative defeasibility. In the recent High Court decision of ICM Agriculture Pty Ltd v Commonwealth, the focus of the majority judgements upon the inherent susceptibility of legislative entitlements to variation or extinguishment acted as a catalyst for the non-propertisation of statutory bore water licences in New South Wales. The emphasis the majority judgements gave to legislative defeasibility precluded a full and balanced assessment of other highly relevant property indicia, in particular the expectation interests of the holders. Conflating property and constitutional evaluation in this way is inappropriate in an era where entitlements to natural resource interests are increasingly statute based and the verification process has significant social and economic repercussions. Determining whether a statutory entitlement constitutes property requires a careful balancing of legislative intent, social and environmental context and individual expectation and the vicissitudes of a regulatory context should not eclipse this process.

Introduction : making Indigenous place in the Australian city

This introductory essay situates this special issue's concerns in the context of Indigenous cultural centre design in settler-colonial Australia. Given the very small number of Indigenous architects in Australia, architectural facilities for Indigenous communities are routinely designed by non-indigenous architects. The implications of this are significant. Given the often complex social, historical and political ambitions that are invested in the construction of Indigenous cultural centres, and their frequent intention to represent a broad Indigenous constituency, can non-indigenous architectural and spatial practice ever realize these? As a way into this question, the essay surveys postcolonial and architectural scholarship that explores the spatialization of setter-colonial politics and the distinct place-making traditions of Indigenous and non-indigenous Australians. The making of place in the Australian city is an ongoing force of conflict, assertion, exclusion and forgetting, but it is also central to the realization of a possible post-colonial state in which no one ‘centre’ can ever stabilize and resolve questions of legitimacy and power. Instead, such a centre might hold these questions in tension and as questions in common, which would mean a new foundation for the making of place.

The sermon in the British colonies

This article discusses sermons in the British colonies. It draws on existing studies to identify key themes and areas of investigation that may be fruitful for further study. It considers examples from the North American colonies, from 1688 until independence, and from India in the eighteenth and nineteenth centuries and the Cape Colony in the nineteenth century. It then presents a case study of the sermon in early colonial Australia.