A green stick or a fresh stick?: Locating customary penalties in the post-colonial era

Former colonies and dependencies in the South Pacific do not have the luxury of entirely ‘homegrown’ laws. Their legal systems are burdened with a ‘legacy’ of transplanted laws, developed for use in a foreign country, imposed on pre-existing systems of custom and culture. As a result, many small island countries are struggling to balance the demands of law from different sources, designed to operate in fundamentally different circumstances. In addition to the conflict that occurs in areas of substantive law, where customary and introduced law may prescribe a different rule for the same situation, the two systems differ in their approach to procedure, penalties and relief. This paper considers the divide between the theory and practice of introduced law and customary law and examines the way in which conflicts have been dealt with by the courts. In particular, it uses the example of banishment to illustrate the type of problems that arise in a plural system. The paper looks at the balancing exercise which has been necessary when custom, in the form of banishment, comes into conflict with introduced law, in the form of constitutional rights.

Gender inequality and education: changing local/global relations in a ‘post-colonial’ world and the implications for feminist research

This chapter explores the relationship between education reform and gender equity, both within and between nation states. Utilising feminist critical policy analysis and post-colonial theory, it examines how education reform over the past decade has impacted on gender equity and how educational reform is itself gendered. It considers the nature of gender restructuring, maps significant shifts in gender equity policy in the wider context of educational and social inequality debates and, through an analysis of recent research on gender identity, schooling and leadership, argues that gender can no longer be privileged when identifying and responding to educational inequality. Key assumptions underpinning how social change and education reform deliver equity are questioned, concluding with feminist theorising about how social justice may inform equity policy and practice in culturally diverse educational contexts.

‘“Glossary Islands” as sites of the “Abroad” in post-colonial literature: towards a new methodology for language and knowledge relations in Keri Hulme’s The Bone People and Melissa Lucashenko’s Mullumbimby.’

The publication of Melissa Lucashenko’s Mullumbimby in 2013 drew attention once more to the issue of how post-colonial scholars might best engage with English-language literary texts also containing a glossary of Indigenous words. This issue emerged first with the publication of Keri Hulme’s The Bone People in 1984. This article argues that, to date, scholars like Simon During and Eve Vincent have perpetuated a binary either/or approach to the interpretation of these glossaries. The result of this approach has been that either the pre-colonial Indigenous language or the colonial/post-colonizing English language has been privileged as the locus of linguistic power in the text. One problem with this approach is that it does not adequately represent the complex historical, cultural and political circumstances of post-colonial and multi-cultural nations like Australia (setting of Mullumbimby) and New Zealand (setting of The Bone People) as these link to matters of language. Another problem is that this binary approach restrains a close reading of the differences between different types of such glossaries, and of the nuanced relationship of a glossary to the text it accompanies. In place of this approach, this article proposes a new methodology that works with Elizabeth M. DeLoughrey’s notion of “tidalectics” as a way of reading island literatures. The neologism “glossary islands” allows another way into considering the function of glossaries in islandic literary texts like Lucashenko’s and Hulme’s. The post-colonial connection between islands and glossaries lies in the fact that they are each an intensified site of knowledge.

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.

APT7 : highs and lows

A critical assessment of the 7th Asia Pacific Triennial (APT7) in terms of how it is realizing its ambition, where it is succeeding and where it is falling short.

Diferença em disputa: os embates acerca do kit anti-homofobia (2004-2012).

Esta dissertação é parte integrante da linha de pesquisa Currículo: sujeitos, conhecimentos e cultura e do grupo de pesquisa Currículo, cultura e diferença coordenado pela Prof Dr Elizabeth Fernandes de Macedo. Neste trabalho analisei os embates através das articulações discursivas em torno do kit anti-homofobia do Projeto Escola Sem Homofobia do Ministério da Educação. O objetivo deste trabalho era responder o que pode ter contribuído para que o discurso contrário à implementação deste projeto tenha saído hegemônico nesta disputa, e se seria este material um desestabilizador na discussão binária que envolve esta temática ou se reforçaria este binarismo. Para isso, utilizei como aporte teórico estudos pós-coloniais, estudos pós-estruturais, teoria do discurso, discussões do campo do currículo e teoria queer. Metodologicamente, acompanhei os argumentos dxs atorxs políticos que posicionaram-se favoráveis à utilização deste kit nas escolas e os argumentos dos que posicionaram-se contrariamente em alguns veículos de imprensa de relevância nacional e nos pronunciamentos nos plenários da Câmara e no Senado no período de novembro de 2010 a outubro de 2012. A análise evidenciou que os embates discursivos provocados por tais ações governamentais podem ser um convite às resignificações da tradição cultural brasileira tão marcada pelo sexismo e a homofobia.

(Re)writing the other/self : autoethnography in the transcultural arena of representation

Abstract: In Imperial Eyes Mary Louise Pratt (1992: 7, emphasis original) defines autoethnography as "instances in which colonized subjects undertake to represent themselves in ways that engage with the colonizer's own terms ... in response to or in dialogue with . . . metropolitan representations." Although Pratt's conceptualization of autoethnography has much to offer post-colonial studies, it has received little attention in the field. In this thesis, I interrogate Pratt's notion of autoethnography as a theoretical tool for understanding the self-representations of subordinate peoples within transcultural terrains of signification. I argue that autoethnography is a concept that allows us to move beyond some theoretical dualisms, and to recognize the (necessary) coexistence of subordinate peoples' simultaneous accommodation of and resistance to dominant representations of themselves. I suggest that even when autoethnographic expressions seem to rely on or to reproduce dominant knowledges, their very existence as speech acts implicitly resists dominant discourses which objectify members of oppressed populations and re-create them as Native Informants. I use Pratt's concept to analyze two books by Islamic feminist sociologist Fatima Memissi. Memissi's Dreams ofTrespass and Scheherazade Goes West illustrate the simultaneity of accommodation and disruption evident in autoethnographic communication. Across the two books, Memissi shows herself renegotiating the discourses which discipline her (and her speech). She switches back and forth between the positions of reader and author, demonstrates the reciprocity of the disciplinary gaze (she looks back at her dominants, reading their own reading of her representation of her social group), and provides a model of autoethnographic dialogue.

Constructive Universalism: Sen and Sensitivity to Difference

Amartya Sen’s capability approach is, on the one hand, in line with universalism such as exhibited in Martha Nussbaum’s capabilities approach and Len Doyal and Ian Gough’s human need theory. On the other hand, his approach puts priority on people’s “self-evaluation” of capabilities and needs. The latter emphasis makes his approach distinctly sensitive to people’s differences such as gender, ethnicity, disability, sexual orientation, etc.. One could ask, however, how successfully the former commitment to universalism relates to this latter feature that places importance on taking difference seriously. This question is especially relevant with respect to global justice and gender, for example. To offer a potential answers to this question is main goal of this paper.

Postcolonial critique of reason: Spivak between Kant and Matilal

The paper ponders the location of Gayatri Spivak in the discursive space between Kant and Bimal K. Matilal (but she is also dis-located by her own enactments, disavowals). So it wonders what a postcolonial critique of reason would look like. In the chapter on philosophy, Spivak (1999) develops a sustained critique of just this kind by decoding the works of the 'Three Wise Men of Continental Europe' (Kant, Hegel, Marx), pointing, via the European impact on the Third World, to the ultimate 'foreclosure: [in the fashion of] the native informant'. But the paper detects another triangular imaginary of reason - this time without an apex, and with limited strategies, each deconstructing and challenging the other. Kant is thus important in spite of his own cosmopolitheia, Matilal for his rational realism of 'moral love'. What both fell short of was a genuine critique of the rational, and therefore also of one of its unfortunate beneficiaries, the postcolonial 'informant'; and this critique is Spivak's 'gift'.

The travel imagination and the hybrid reality in the wake of colonialism

The “traveling imagination,” is of paramount importance to both western and postcolonial travelers. Since both groups create “travel imaginations” by extensive reading, the nature of the books that inform them must directly affect their travels. A westerner, for example, who reads only colonial-era accounts has the “travel imagination” of a different generation. If all perspectives were represented equally in libraries, the “travel imagination” of a given person would be entirely his/her own. But usually the “traveler’s imagination” is biased by prevailing opinion. Libraries are not democracies, and sometimes extensive reading only indoctrinates the reader with the biases of the canon. Perhaps the following generalization will be helpful. Westerners are able to create “traveling imaginations,” based on the books they trust. But postcolonials, who have reason to be suspicious of what they read, have complicated “traveling imaginations.” Sometimes postcolonial travelers base their “traveling imaginations” on what they read, and sometimes, in opposition to what they read. The books discussed in this thesis, In Patagonia, The Cruise of the Shark, The Happy Isles of Oceania, A Passage to England and The Enigma of Arrival, were first published in, 1977, 1939, 1992, 1971 and 1987, respectively, in what Ali Behdad calls the “age of colonial dissolution.” Perhaps it would be more accurate to say these books are set in the “age of colonial demolition.” For the most part, the empires in these texts are in ruins, or at least in the process of being dismantled. In fact, two of the authors, Nirad Chaudhuri and V.S. Naipaul are canonical post-colonial thinkers.

Exploring diverse community discourses : reflections from a local perspective

This paper represents some of the diverse discourses in the social sciences that are not often known by, or considered relevant to, those people interested in community development. On the contrary, I argue that these discourses may in fact be vitally pertinent to understanding the divergent predicaments facing us in our present moment.
After working in the field for twenty years, I am in the final stages of a PhD case study on one of the Victorian 'Community Building Demonstration Projects', based in Melbourne's North. This discussion is therefore based on the intersections between working in a community, traditionally accepted discourses of community development, and 'alternative' discourses that often appear unrelated.
In particular there are seven taken-for-granted cultural stories I will examine: problem posing, holism, social research, post colonial studies, critical social theory, public policy, and eco philosophy, in the hope that these might provide an 'other' story for community and development. Given this broad canvas, I will necessarily be breif on each topic.