Archive for the ‘law’ Category

One small, Cape Town property, once owned by whites but later transferred to the Zimbabwean state in a compensatory transaction, was yesterday returned to white ownership. The ruling is pretty important, not just for the touchy matter of postcolonial ethics, but also for the jurisdictional dilemmas now facing Zimbabwe and South Africa. The ruling emanates […]


Federico Settler, ‘Indigenous Authorities and the post-colonial state: the domestication of indigeneity and African nationalism in South Africa’, Social Dynamics 36, 1, 2010. Abstract: Since the advent of the African Union, confidence in Africa’s renaissance has been high, but a number of state-civil society anxieties continue to challenge stable social relations. One area of anxiety […]


Mark Finnane and Fiona Paisley, “Police Violence and the Limits of Law on a Late Colonial Frontier”, Law and History Review 28, 2010. ABSTRACT: The dependence of colonization on police was a core feature both of settler colonies and of colonial dependencies, from the middle of the nineteenth century to the post–World War I decline […]


Lauren Benton and Benjamin Straumann, “Acquiring Empire by Law: From Roman Doctrine to Early Modern Practice”, Law and History Review 28, 2010. ABSTRACT: What role did the Roman legal concept of res nullius (things without owners), or the related concept of terra nullius (land without owners), play in the context of early modern European expansion? […]


I’ve had considerable difficulty finding more details about the book launched yesterday in Sydney by former Federal Court judge, Murray Wilcox, entitled Kimberley at the Crossroads: The Case Against the Gas Plant. This from ABC Online: “It’s a funny situation isn’t it, that Aboriginal people are expected to give up their cultural heritage for the […]


Just last week, I posted on the topic of Noel Pearson and native title. Unfortunately, I had to rely on the ABC’s sources for the speech contents. Today I have discovered that the Cape York Institute has published a transcript of the speech online, and can be found here. I will post some clippings below […]


In a speech in Sydney yesterday, before an audience of American lawyers, Noel Pearson of the Cape York Institute argued that the developments in recognising Native Title during the 1990s have left most Aboriginal communities no better: Native title in this country is the sum total of whatever berry-picking rights Indigenous claimants might be able […]


From their website: The use and study of the past is constantly being refashioned and reinterpreted to construct meaning in the present, imparting understandings of a common but chaotic humanity. Because everyone and no one ‘owns’ history, the ownership of historical events and the right to speak of them remains deeply contested. What are the […]