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University of Wollongong

Law Text Culture

2003

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Writing And Praxis: Law, History And The Postcolonial, I. Duncanson Jan 2003

Writing And Praxis: Law, History And The Postcolonial, I. Duncanson

Law Text Culture

This Special Issue of Law Text Culture, ‘Making Law Visible: Past and Present Histories and Postcolonial Theory’ originated with a one-day symposium at the University of Waikato titled ‘Law, History and Postcolonial Theory and Method’. The symposium sought to recognise and stimulate multidisciplinary analyses through the lenses of postcolonial theory that made visible the operation of the law at the intersections of ‘race’, class and gender from colonial times to the present. The focus was on New Zealand, other white settler societies, and Pacific nations. We set out to address questions about what constitutes postcolonial research in law and history; …


The Problem Of The Fetish In Law, History And Postcolonial Theory, J. Grbich Jan 2003

The Problem Of The Fetish In Law, History And Postcolonial Theory, J. Grbich

Law Text Culture

Postcolonial theory’s engagement with the questions of psychoanalysis are beginning to reveal colonial paradigms within both the theory of psychoanalysis and the practice of its treatments. It is not surprising that a methodology for reaching some personal understanding of the western condition of alienation and trauma should reveal aspects of western knowledges as dependent upon past practices of colonial dispossession and destruction of non-western peoples and lives. What is surprising is to find the extent to which early modern western anxieties regarding the ethical treatment of non-western peoples should remain fixed within various languages in which present forms of colonialism …


The Mother Country And Her Colonial Progeny, L. Falconer Jan 2003

The Mother Country And Her Colonial Progeny, L. Falconer

Law Text Culture

The ideological space created by the British Empire provided opportunities for explorations into the meanings of Victorian femininity. Woman could be the intrepid missionary, bringing light to dark Africa; the memsahib creating conflict in the colonies with her petty jealousies; or a vulnerable piece of her husband’s property to be defended from the ‘other’. She could also be the heroic mother responsible for the preservation of the race, or, simply an object of intensifying legal control over her reproductive capacities.


Law, History And Postcolonial Theory And Method, Nan Seuffert, C. Coleborne Jan 2003

Law, History And Postcolonial Theory And Method, Nan Seuffert, C. Coleborne

Law Text Culture

This Special Issue of Law Text Culture, ‘Making Law Visible: Past and Present Histories and Postcolonial Theory’ originated with a one-day symposium at the University of Waikato titled ‘Law, History and Postcolonial Theory and Method’. The symposium sought to recognise and stimulate multidisciplinary analyses through the lenses of postcolonial theory that made visible the operation of the law at the intersections of ‘race’, class and gender from colonial times to the present. The focus was on New Zealand, other white settler societies, and Pacific nations. We set out to address questions about what constitutes postcolonial research in law and history; …


Shaping The Modern Nation: Colonial Marriage Law, Polygamy And Concubinage In Aotearoa New Zealand, Nan Seuffert Jan 2003

Shaping The Modern Nation: Colonial Marriage Law, Polygamy And Concubinage In Aotearoa New Zealand, Nan Seuffert

Law Text Culture

Feminist scholars and critical theorists have critiqued marriage as a tool for the creation of a private sphere in which women are subordinated to men, and have critiqued the public/private dichotomy (Olsen 1983, 1985, Pateman 1988, Smart 1992, Seigel 1996). Marriage jurisdiction and law also participates in the creation of the public order, including the production of a homogenous nation opposed to cultural and racial difference, and embracing particular notions of gender (Cott 2000: 1–8, Franke 1999, Dubler 1998). Throughout the 19th century colonisation of Aotearoa New Zealand the jurisdictional boundaries of colonial marriage law were increasingly constructed and policed …


Invaders, Illegals And Aliens: Imagining Exclusion In A ‘White Australia’, C. Elder Jan 2003

Invaders, Illegals And Aliens: Imagining Exclusion In A ‘White Australia’, C. Elder

Law Text Culture

In the run up to the 2001 Australian Federal election John Howard launched his campaign with the pulpit thumping, vote winning cry of: ‘We will decide who comes to this country and the circumstances in which they come’ (28 October 2001). One hundred years earlier Australian federal parliamentarians had debated the form of the Immigration Restriction Act. One aspect of their discussion went: Mauger: … [the Australian people] are determined that Australia shall be kept free from alien invasion and contamination. Glynn: It is a question of colour, it is not a question of whether a man is an alien …