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Australian Historical Studies, 2016
Aboriginal History Journal, 2011
Andres Gunstone (ed), History, Politics & Knowledge: Essays in Australian Indigenous Studies, 2008
law&history, 2017
This article analyses humanitarian narratives that emerged in response to violence in New South Wales in the 1830s and argues that they make a revealing contribution to the antecedent history of human rights. The missionary Lancelot Threlkeld used his linguistic skills and access to Indigenous communities to collect and circulate testimony about violence and conflict. Threlkeld passed on such information in a variety of ways, for a variety of purposes and through a diverse network of correspondence and print. This article analyses how such testimony was framed within the language of colonial violence into humanitarian narratives, how it was mobilised for specific local and international effects, and how print culture mobilised (or countered) evidence of colonial conflict as part of broader debates about the British Empire, Indigenous peoples and the law. It argues for a nuanced approach to legal sources which enables us to see the crucial role of the Australian settler colonies in nascent human rights discourses and legal practices. The Supreme Court in New South Wales (established 1823) was a vehicle through which evangelical humanitarianism was mediated and circulated in the 1820s to 1830s cases in which Rev. Lancelot Threlkeld became involved. This was neither uncontroversial nor uncontested at the time; yet, crucially, the tension between humanitarian sensibilities and settler interests was fully present in the court room and in the court records, published at the time in the newspapers. Colonial law had only recently moved away from the preceding military system and, as a consequence, was open to debate and influence by a range of sectional interests. So, too, the English common law that had been brought to the colonies was a dynamic and contested discourse. Natural law, common law and public law was already a complex mix, which then took on new meanings in the context of what Ian Hunter terms the 'volatile tripartite relations' between settlers, governmental officials and Indigenous peoples. 1 Settlers and their lawyers, colonial governors working both independently and as conduits for the British Colonial Office, humanitarian agitators and the diverse polyglot of a mobile multicultural colonial world (including Indigenous people) used the law courts as crucial social institutions within which they tested their rights and responsibilities. This is particularly evident in the early foundational criminal law cases, in many of which Threlkeld and his Aboriginal collaborator Biraban played a role. They appeared at ten cases between 1827 and 1838 and were present at eight of the twenty-one NSW Supreme Court cases between 1827 and 1836 in which Aboriginal people were tried, convicted and executed. Their presence was usually solicited because of recognised problems with Aboriginal witness testimony and trying Aboriginal defendants in a system of which they had little knowledge and to which it had not yet been established they were subject. Threlkeld and Biraban assisted by translating and explaining legal procedures. 2 Heather Douglas and Mark Finnane rightly emphasise the distinctiveness of Australian colonial debates about law and sovereignty. 3 Yet comparisons with other colonial
Journal of Australian Studies no 81: 1-16., 2004
Australian Historical Studies, 2004
Much of Australian history is in the form of ‘myth’. The absence of case law makes the investigation of massacres more difficult. Many university history faculties discourage such conflict studies as unnecessarily negative, preferring to focus on ‘race relations’. The debate gave rise to the ‘history wars’ and a repudiation of the ‘black armband view’ of history. This paper contends that a culture of denialism has perpetuated some of the dysfunctional behaviours that drove violent Aboriginal depopulation.There is evidence that Australia is in a late stage Lemkinian genocidal process.
Ginzei Kedem: Genizah Research Annual, 2024
Forensic Science International, 2021
Polish Jewish Culture Beyond the Capital: Centering the Periphery, 2023
Journal of Financial Research, 2009
Der Wert der Preise. Valorisierungsdynamik in der deutschen Literaturpreislandschaft 1990-2019, 2022
IBADAN JOURNAL OF THE SOCIAL SCIENCES
ACS sensors, 2017
Synthetic Metals, 1999
Journal of the Robotics Society of Japan, 2013
Dewa Ayu Putu Wulandari, 2024
The Journal of Arthroplasty, 2020
US Neurology, 2020