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.

Supporting adaptive learning in hypertext environment : a high level timed Petri net based approach

One problem for hypertext-based learning application is to control learning paths for different learning activities. This paper first introduced related concepts of hypertext learning state space and Petri net, then proposed a high level timed Petri Net based approach to provide some kinds of adaptation for learning activities. Examples were given while explaining ways to realizing adaptive instructions. Possible future directions were also discussed at the end of this paper.

Supporting adaptive learning in hypertext environment : an agent based approach

One problem for hypertext-based learning application is to control learning paths for different learning activities. This paper first introduces related concepts of hypertext learning state space, then proposes an agent based approach used to provide kinds of adaptation for learning activities. Examples are given while explaining ways to realizing adaptive instructions. Possible future directions are also discussed at the end of this paper.

Marketing aboriginal art: an intellectual property fiction?

This paper argues that legality is not enough in seeking to solve the problems caused by charlatans and carpet baggers in the Australian Aboriginal art market. It examines the role of social marketing initially posited for the health sector and seeks to apply its strategies to the Aboriginal art market. The author draws comparisons between successes in health and the need for successes in the Aboriginal art market. It suggests that social marketing has been overlooked as a way forward for the Aboriginal art market. The paper concludes by stating that conditions will not change with quick-fix legal solutions sought for complex problems. They are an intellectual property fiction.

New social orders: reconceptualising family and community in utopian fiction

A study focusing on family and community as they are represented in seven utopian/dystopian fictions written for children and young adults by Australian, American, Canadian, and British writers is illustrated. These novels depict reflections of how various notions of new social orders have impacted on children's literature and how this affects the utopian/dystopian strain, present in children's literature.

Sense of community in science fiction random, part 1: Understanding sense of community in an international community of interest

Within the discipline of community psychology there is debate as to the dimensions underlying the construct psychological sense of community (PSOC). One of the few theoretical discussions is that of McMillan and Chavis (1986), who hypothesized four dimensions: Belonging; Fulfillment of Needs; Influence; and Shared Connections. Discussion has also emerged in the literature regarding the role of identification within PSOC. It has been suggested that differences in PSOC may be understood in terms of the degree to which members identify with their community (Fisher & Sonn, 1999). However, few studies have explored the place of identification in PSOC. In addition, while PSOC has been applied to both communities of interest and geographical communities, little research has looked in depth at PSOC within communities of interest. The current study therefore explored PSOC in science fiction fandom, a community of interest with membership from all over the world, by means of a questionnaire distributed at an international science fiction convention (N = 359). In an endeavor to clarify the underlying dimensions of PSOC, the questionnaire included several measures of PSOC, and measures of identification with the community. Results showed that science fiction fandom reported high levels of PSOC. Support emerged for McMillan and Chavis' (1986) four dimensions of PSOC, with the addition of a fifth dimension, that of Conscious Identification. These results, and implications for PSOC research, are discussed.

Sense of community in science fiction fandom, part 2: comparing neighborhood and interest group sense of community

There is much debate in community psychology literature as to the dimensions underlying the construct psychological sense of community (PSOC). One of the few theoretical discussions is that of McMillan and Chavis (1986), who hypothesized four dimensions: Belonging; Fulfillment of Needs; Influence; and Shared Emotional Connection. Debate has also emerged regarding the role of identification within PSOC. However, few studies have explored the place of identification in PSOC. In addition, while PSOC has been applied to both communities of interest and geographical communities, to date little research has compared a single group’s PSOC with a community of interest to their PSOC with their geographical communities. The current study explored PSOC with participants’ interest and geographical communities in a sample (N = 359) of members of science fiction fandom, a community of interest with membership from all over the world. Support emerged for McMillan and Chavis' (1986) four dimensions of PSOC, both within participants’ PSOC with their geographical communities and with their community of interest, with the addition of a fifth dimension, that of Conscious Identification. All dimensions emerged as significant predictors of overall sense of community in both community types. Participants reported higher levels of global PSOC with fandom than with their geographical communities, a pattern that also emerged across all factors separately. These results, and implications for PSOC research, are discussed.