Just deserts in a post-colonial society : problems in the punishment of indigenous offenders

An enduring aspect of the operation of the criminal justice system in Australia has been the disproportionate representation of indigenous persons. Under current sentencing principles, aboriginality can be taken into account as a factor in mitigation because of the nature of social and economic disadvantage suffered by indigenous communities. It is contended that such an approach is inadequate as it fails to comprehend the reasons for that disadvantage. In short, the effects of colonialism and dispossession. An account of punishment will be developed that colonialism and dispossession cannot be omitted from any satisfactory account of the theory and history of punishment of indigenous persons. By relying on the notion of ‘just deserts’ an account of punishment will be proposed that extends the categories currently put forward to justify punishing indigenous persons. Traditional, philosophical accounts of punishment and insights from critical race theory will both be used in an attempt to articulate what ‘just deserts’ means in the context of a post-colonial society.

"Sins of their fathers" : culturally at risk children and the colonial state in Asia

In contact with their foreign surroundings, European enclaves throughout imperial Asia and Africa formed new cultural communities. Nevertheless, over time as Cooper and Stoler (1997) have argued, such colonial communities became subject to the same bourgeois project as experienced in the metropolitan centres to which they remained connected. If, in terms of that project, metropolitan European society was deemed vulnerable from a brutish and unruly working class, these colonial outposts of Western society were even more vulnerable to what was deemed to be the more insidious dangers of miscegenation and cultural hybridity. Where nineteenth century educators typically suggested that working class children were “at risk” of not being able to benefit from, and simultaneously representing “a risk to”, the emerging opportunities of bourgeois capitalist society, this “risk” was accentuated in the colonies by the additional category of race. Focussing on the question of children of mixed parentage as a category of “children at risk”, this paper examines the way educationists and politicians responded to what was perceived as “civilisational decline” in four such communities - the Dutch East Indies, British India, (British) Australia and French Indo-China - to demonstrate the universality of these concerns in Imperial Asia.

Realizing the dream of R.A. Kartini : her sisters' letters from colonial Java

1. List of Illustrations -- 2. Notes on Text -- 3. Introduction -- 4. ONE Letters from Rockmini -- 5. TWO Letters from Kardinah -- 6. THREE Letters from Kardinah --7. FOUR Letters from Soematri -- 8. Appendix Documents Relating to the Establishment of the Wismo Pranowo School

Battlefield tourism in Turkey : an empirical analysis of British ex-colonial event attendance

This paper explores the influence of visitor satisfaction on intention to recommend event attendance. The Anzac Day commemoration at Gallipoli, Turkey, an event that has become increasingly popular in recent years and provides the backdrop for the current study. Some 20,000 people travel to attend this event. Data was collected from 331 attendees while they were in transit from Gallipoli to Istanbul on 25 April 2007. The analysis of this data was undertaken using factor analysis as a basis for identifying model constructs to be tested using structural equation modelling. Findings suggest that the constructs relating to the ceremonies held at Anzac Cove and Lone Pine and the experiential and emotional aspects of the event were significant predictors of event satisfaction and subsequent recommending behaviour. The implications of these findings for events in general and the success of the Anzac Day commemorations at Gallipoli are discussed.

‘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.