Abstract: This article addresses Indigenous Australian claims to water resources and how they inform and relate to current Australian law and contemporary legal thinking about future possibilities. It adopts a multidisciplinary approach, drawing from historical records, previous ethnographic investigation with Indigenous Australians, current legal scholarship, and social anthropological theory. In doing so, it analyses Indigenous dependencies on water, the history of settler colonial orientations to water bodies, the evolution of settler colonial–Indigenous relations to natural resources, and the development of the Australian legal system’s regulation of water. This provides foundations for a discussion of the limitations of settler colonial notions of property and the failure of settler colonial law to understand and incorporate the dynamism of Indigenous relationships to water, particularly the meaning and productive capacity of water flows within Indigenous cosmologies and sociocultural and ecological systems. Calling for a decolonial turn in legal approaches to Indigenous access and water resource determination, the authors explore the ways in which Australian law may need to ‘unthink’ settler colonial notions of resource ownership as a prerequisite for reformulating future water policy and planning. This reformulation relies on a more extensive legal philosophical engagement with the concept of ‘flow’, a concept that already exists in both water law and planning, but which has not been adequately theorised and enacted. A more comprehensive legal understanding of flow in the context of Indigenous understandings of, and claims to, water provides more sustainable and equitable legal and analytical foundations for managing future water resources issues. The article creates the space for a more culturally relevant notion of ‘Indigenous water rights’ and for new ways of honouring the interrelationship between water flows, meaning-making practices, and cultural continuity.




Abstract: In this paper, I ask two questions of ideas of ‘North’ in Canadian national–cultural imaginaries. How does ‘North’ operate as a phantasm in these imaginaries? And what spaces of potentiality open up when the ghosts that haunt this phantasm come into view and are granted the due they demand? Drawing on ethnographic research conducted in Canada’s Yukon Territory and looking to the emerging field of settler colonial studies for guidance, I am asking these questions in the context of Canada as a settler colonial project. I argue that the ways that ‘North’ is infused with originary qualities and held up as emblematic of senses of Canadian selfhood places it within the structure of the phantasm in ways that work to reinforce settler colonial relations and interests. This cultural production, however, is not static or stable. It can be interrupted. It is haunted by ghosts that come into view and jam up the (seemingly) smooth narrative surface of ideas of ‘North’ in Canadian settler colonial national–cultural imaginaries. This article ends in the opening created by one such interruption at the Dänojà Zho Cultural Centre in Dawson City, Yukon. In a moment of incredible courage the Tr’ondëck Hwëch’in opened their doors to a powerful exhibit titled ‘Where are the Children? Healing the Legacy of Residential Schools: Finding Our Way Home’. In so doing the ghosts that haunt ideas of ‘North’ as a scape of national–cultural originary pride come to life, unsettling this settler colonial cultural production by making visible the legacies and structures of displacement, dispossession, and violence that lay at the core of the project of Canadian nation-building.



Sam Haselby offers a new and persuasive account of the role of religion in the formation of American nationality, showing how a contest within Protestantism reshaped American political culture and led to the creation of an enduring religious nationalism.

Following U.S. independence, the new republic faced vital challenges, including a vast and unique continental colonization project undertaken without, in the centuries-old European senses of the terms, either “a church” or “a state.” Amid this crisis, two distinct Protestant movements arose: a popular and rambunctious frontier revivalism; and a nationalist, corporate missionary movement dominated by Northeastern elites. The former heralded the birth of popular American Protestantism, while the latter marked the advent of systematic Protestant missionary activity in the West.

The explosive economic and territorial growth in the early American republic, and the complexity of its political life, gave both movements opportunities for innovation and influence. This book explores the competition between them in relation to major contemporary developments-political democratization, large-scale immigration and unruly migration, fears of political disintegration, the rise of American capitalism and American slavery, and the need to nationalize the frontier. Haselby traces these developments from before the American Revolution to the rise of Andrew Jackson. His approach illuminates important changes in American history, including the decline of religious distinctions and the rise of racial ones, how and why “Indian removal” happened when it did, and with Andrew Jackson, the appearance of the first full-blown expression of American religious nationalism.