Challenging Institutional Denial: Psychological Discourse,Therapeutic Culture and Public Inquiries

ABSTRACT

The damaging effects of abuse in childhood were repeatedly emphasised in public hearings and in media coverage of the Royal Commission into Institutional Responses to Child Sexual Abuse. Testimony from earlier Australian inquiries, which documented widespread experiences of child maltreatment, particularly in institutions, also underscored the ongoing and often intergenerational impact of abuse. Taking institutional child abuse inquiries as a case study, this article examines how psychological and therapeutic concepts have been mobilised politically. It argues that therapeutically oriented and psychologically informed cultural narratives of childhood trauma and its ongoing effects have provided a framework for making sense of long-term experiences of adversity and suffering and have enriched attention to “the question of justice” for survivors of historical institutional child abuse.     

Sexual Abuse as the Core Transgression of Childhood Innocence: Unintended Consequences for Care Leavers

ABSTRACT

The decision of the Gillard government to establish a royal commission in 2012 was acclaimed by care leavers. However, they were soon disillusioned: it was not the royal commission for which they had long struggled. Its terms of reference were too broad, encompassing a range of institutions never before the subject of official inquiries, yet also too narrowly focused on sexual abuse. Care leavers who suffered other forms of abuse were excluded. This paper argues that, while care leaver advocacy contributed to the decision to establish a royal commission, the agenda was a product of other pressures fuelled by state-based inquiries about cover-ups of sexual abuse of children, particularly by clergy. Sexual abuse could no longer be regarded as a sin to be handled in-house by institutions but a crime for which the state carried superordinate responsibility. The government had to intervene to address society’s “ultimate collective shame”. The Royal Commission into Institutional Responses to Child Sexual Abuse has made a massive contribution to our understanding of child sexual abuse and to reforms in child protection policy and practice. But its mandate created unintended consequences, and questions remain about the unmet needs of care leavers who suffered other forms of abuse.     

Speaking the Unspeakable,Naming the Unnameable: The Royal Commission into Institutional Responses to Child Sexual Abuse

ABSTRACT

The establishment of the Royal Commission into Institutional Responses to Child Sexual Abuse followed years of lobbying by survivor groups, damning findings from previous inquiries, and increasing societal recognition of the often lifelong and intergenerational damage caused by child sexual abuse. Through extensive media coverage, the Royal Commission brought into public view the reality that the sexual abuse of children was widespread, and its recommendations are prompting organisational, policy, and legislative reform. This article explores the background to the Royal Commission, situating it within the history of previous inquiries and growing community outrage at the failure of institutions to adequately protect children and respond appropriately when abuse occurs. The article explores the ways in which the Royal Commission, more so than previous inquiries, brought child sexual abuse into public discourse. It also serves as an introduction to this special issue of the Journal of Australian Studies, which illustrates how the Royal Commission has fostered new scholarship across a range of disciplines as researchers engage with complex issues related to institutional child sexual abuse, its history, causes, impacts, and the important role of inquiries in confronting it.     

Abuse and Cruelty in Religious Bureaucracy: The Case of the Anglican Diocese of Newcastle

ABSTRACT

This paper draws on critical theories of organisations to question why child sexual abuse is a frequent correlate of male authority in institutional settings. While acknowledging the role of other risk factors, the paper suggests that the contemporary bureaucratic form is itself conducive to child sexual abuse. This argument is developed through an analysis of Case Study 42 of the Royal Commission into Institutional Responses to Child Sexual Abuse, centred on allegations of sexual abuse by the clergy and laity in the Anglican Diocese of Newcastle. The extensive allegations of abuse in the diocese illustrate how rationalised structures of governance and oversight can facilitate rather than inhibit child sexual abuse. The analysis advanced by the paper contests the assumption that institutional abuse represents the deformation or paedophilic “infiltration” of otherwise neutral organisational arrangements. Instead, the paper emphasises how rationalised institutional structures can mystify relations of domination and promulgate a milieu in which children are viewed instrumentally as the means for the fulfilment of personal drives.     

Regulating the race: Aboriginal children in private European homes in colonial Australia

Abstract

This article focuses on the incorporation of Aboriginal children into European families on a private basis in the colonial era. While state-based missions and reserves were central sites where Aboriginal children were placed, other Aboriginal children were privately placed with European families during the colonial era. This article explores the shifting reasons for this practice. It finds that Aboriginal children who entered European families away from the control of the state came under the control of Europeans through a variety of ways. Initially, Aboriginal child removals were conducted during the course of violent frontier conflict or involved children who had been impacted by introduced European diseases. Smaller numbers of Indigenous children were taken as objects of curiosity. As the nineteenth century progressed, however, it became increasingly common for settlers to take Indigenous children for labour purposes. The article argues that the white middle-class family was positioned as a site for “civilising” children, where the moral regulation of childhood was conducted. This article adds a new dimension to colonial understandings about the role and structure of the family. It also expands understandings about Indigenous child removal in Australia's past.     

Track 2 Security Dialogue in the Asia-Pacific: Reflections and Future Directions

Abstract

This article critically reviews the literature on Track 2 security dialogue in the Asia‐Pacific and suggests a number of possible avenues for further research. From almost a standing start, Track 2 security dialogue in this part of the world has burgeoned over the past decade and a half. As these institutions and activities have grown, so too has a body of scholarship grown around them which has striven to stay abreast of them and – at least in the case of some of the more prominent second track institutions and activities – to evaluate their influence and effectiveness. Just as viable second track processes must constantly adapt in response to changes in the regional and global security environment, however, this article contends that the scholarship on Track 2 security dialogue needs now to evolve beyond its heavy emphasis upon on the “success” of these institutions and activities. While this criterion remains vital, the article argues that greater analytical attention should also be given to differentiating between the many and varied Track 2 security processes that are currently active in the Asia-Pacific; to developing a closer understanding as to the operating modalities of these institutions and activities; and to better comprehending longitudinal trends in regional Track 2 security dialogue.     

“I Fought. I Screamed. I Bit”: The Assertion of Rights Within Historic Abuse Inquiry Transcripts

ABSTRACT

This article examines how treating historic abuse inquiry testimonies as retrospective assertions of rights can help to shed light on how this abuse was able to occur and how memories are recalled in an inquiry environment. It presents its approach as a possible framework for other historians seeking to analyse testimonies with sensitivity. It uses, as an example, a case study from the Australian Royal Commission into Institutional Responses to Child Sexual Abuse concerning two interrelated “homes” for girls, showing the ways in which abuse survivors can use their testimonies to assert rights denied them in the past and further the goals of public inquiries.     

Reforming sacred institutions,part II: the Soviet Party-State and the Roman Catholic Church compared

The Soviet Party-State and the Roman Catholic Church are conceptualized as hierocratic institutions that faced analogous challenges of adaptation to a changing world from the 1950s onward. Building upon an earlier publication in Post-Soviet Affairs, this article identifies four strategies of “selective inclusion” chosen by these institutions as their leaders sought to reduce the pre-1950s levels of sectarianism: hierocratic reformism; hierocratic managerialism; messianic revivalism; and anti-hierocratic radicalism. Parallels in the adoption of these strategies, and common features of a legitimacy crisis they both came to face, reveal the causal strength of common features, while possible differences in their institutional durability suggest the likely causal impact of differences between them.     

Working On,Through and Around the State: The Deep Marketisation of Development in the Asia-Pacific

Abstract

This article describes an important new push by international financial institutions towards broadening and deepening capitalist social relations in the underdeveloped world in ways well beyond Washington Consensus structural adjustment or even post-Washington Consensus forms of institutionally-oriented “participatory neo-liberalism.” Described here as the “deep marketisation of development” (or simply “deep marketisation”), this process is attracting increasing resources that are formally allocated directly to private actors around states, while also demanding and promoting shifts in state form and function that relate to cultivating “enabling environments” for capital and facilitating “access to finance.” The article begins by conceptualising deep marketisation and placing it in historical and political context. The second section presents examples of deep marketisation in action in the work of the World Bank's private sector arm, the International Finance Corporation, in the Asia-Pacific. The article concludes by highlighting some serious concerns with the deep marketisation agenda.     

Crime,punishment, family violence,and the cloak of legal invisibility

Abstract

In this article, the authors trace how the Anglo-Australian system of criminal law constructs crime within the family differently from other forms of crime. The zone of legal impunity for intrafamilial crime was carved out by special defences and immunities, such as provocation and marital rape, as well as policing policies and practices that effectively decriminalised “domestic” forms of physical and sexual abuse. Legal impunity was never absolute, and there were notable exceptions where the familial and gendered aspects of the crime in fact aggravated the offence, such as the law's treatment of spousal murder by females as a form of “petty treason”, warranting the most severe punishment of burning at the stake. Reforms in the late twentieth century removed overt forms of gender discrimination from the criminal law, exposing a new legal visibility of crime within “the family”, though as the authors conclude, there are still remnants of differential treatment in fields of sentencing law and practice.     

Unsettling Narratives: Overcoming Prejudices in the Hostel Stories Project

ABSTRACT

In 1988, Jock Collins boldly suggested that Australia’s earlier migrant arrivals, the subject of prejudice themselves, often become the perpetrators of prejudice. Indeed, as we collect oral histories from post-war migrants, we are regularly confronted with angry statements such as “asylum seekers are just let in and given everything”. What lies at the heart of this phenomenon? Clearly, prejudice and stereotyping exists in all societies but seems to be particularly evident in societies where an ongoing flow of migrants continues to change and alter the ethnic and racial mix. This article reflects upon research conducted in the Hostel Stories project, where we frequently were confronted with stereotyped, prejudicial, and even racist comments about other migrants and refugees during interviews with migrants. These statements made us ask whether Collins was correct in his observations. Drawing on the literature from various disciplines, we consider various influences on migrant attitudes towards other migrants. We propose that it is critical to continue to progress beyond the conventional topics explored in migration studies and ask difficult questions in order to contribute to a growing global discussion on ethnicity and intergroup relations, especially in relation to prejudice and racism.     

Comparing Brokers in India: Informal Networks and Access to Public Services in Bihar and Gujarat

ABSTRACT

Faced with unresponsive and intimidating state institutions, citizens often need to rely on brokers to obtain state benefits. This article compares the ways in which brokers help people gain access to public services in two Indian states. Using ethnographic fieldwork in both states, we compare Bihar and Gujarat to argue that the evolution of the informal networks through which citizens gain access to public services constitutes an important dimension of democratisation processes. In both Gujarat and Bihar such brokerage networks have fragmented considerably over the last 40 years, while also becoming less marked by social hierarchies. This change has taken place despite a differing role and strength of political parties in the two states. The fragmentation and levelling of brokerage networks have enabled citizens to put more pressure on state institutions and power holders. This process of “informal democratisation” suggests that the comparative study of brokerage networks constitutes a promising and largely unexplored avenue to interpret the challenges facing governance and local democracy in India.     

Forging parliamentary space: revolutionary assemblies in New Granada and Spain, 1810–31

SUMMARY

This article analyses the making of space in modern parliamentarism from a transatlantic perspective. By considering the case studies of New Granada and Spain between 1810 and 1831, this article focuses on the differences in shaping parliamentary space during the revolutionary period in Europe and the Americas. This study considers the multiplicity of spaces in the construction of parliaments as modern institutions. It also discusses the influences of early modern estate parliaments in the construction of new institutional space in revolutionary times. In the process, several elements will be considered, such as the choice of the town where parliaments convene and the internal organization of the assembly hall. It is argued that, despite similar issues beyond the construction of a new institution, the influence of the king’s presence in Spain led to a different shape of internal parliamentary space compared to New Granada. Such an approach makes an original contribution to the debates on the transformation of sovereignty during this period and it therefore reshapes the interpretation of the revolutionary process from a cultural perspective.     

Can a rentier state evolve to a production state? An ‘institutional upgrading’ approach

ABSTRACT

Can a rentier state evolve to a production state? This article attempts to answer this question by analysing how historically states evolved to production states and by comparing their experience with today’s Gulf states. Although the Gulf states show some productive traits today, their mode of production largely remains ‘production with rentier characteristics’, that is reliant on oil-driven advantages. Their further economic diversification requires improved governance capabilities that enable their government to enhance human capital. Production states around the world acquired such governance capabilities through ‘institutional upgrading’, a replacement of clientelistic institutions with meritocratic ones. While clientelistic institutions tend to persist, such institutions were significantly reduced in these states through the exit of vested-interest players from major fiscal and organizational spaces. The exit appears to occur when these vested-interest players accept pain-sharing to ensure their protection in the context of the revealed vulnerability of their patron regime and when alternative productive gains are offered to them in lieu of conventional distribution. Presently neither condition is in existence in the Gulf states, which continue to be characterized by their direct and extensive distributional regimes. Without a prospect for immediate governance improvement, a realistic reform possibility lies in agency under institutional constraints.     

The rise and fall of “respectable” Spanish liberalism, 1808–1923: an explanatory framework

Abstract

The article focuses on the reasons behind both the consolidation of what I have termed “respectable” liberalism between the 1830s and the 1840s and its subsequent decline and fall between 1900 and 1923. In understanding both processes I study the links established between “respectable” liberals and propertied elites, the monarchy, and the Church. In the first phase these links served to consolidate the liberal polity. However, they also meant that many tenets of liberal ideology were compromised. Free elections were undermined by the operation of caciquismo, monarchs established a powerful position, and despite the Church hierarchy working with liberalism, the doctrine espoused by much of the Church was still shaped by the Counter-Reformation. Hence, “respectable” liberalism failed to achieve a popular social base. And the liberal order was increasingly denigrated as part of the corrupt “oligarchy” that ruled Spain. Worse still, between 1916 and 1923 the Church, monarch, and the propertied elite increasingly abandoned the liberal Monarchist Restoration. Hence when General Primo de Rivera launched his coup the rug was pulled from under the liberals’ feet and there was no one to cushion the fall.     

Subalterns and the State in the Longue Durée: Notes from “The Rebellious Century” in the Bhil Heartland

Abstract

Focusing on recent debates over the ways in which subaltern groups engage with the state in India, the article proposes that it is imperative to historicise our conceptions of subaltern politics in India. More specifically, the argument is made that it is imperative to recognise that subaltern appropriations of the institutions and discourses of the state have a longer historical lineage than what is often proposed in critical work on popular resistance in rural India. The article presents a detailed analysis of Adivasi rebellions in colonial western India and argues that these took the form of a contentious negotiation of the incorporation of tribal communities into an emergent “colonial state space.” The conclusion presents a sketch of a Gramscian approach to the study of how subaltern politics proceeds in and through determinate state–society relations.     

Collegiate Executives and Direct Democracy in Switzerland and Uruguay: Similar Institutions,Opposite Political Goals,Distinct Results

Uruguay, defining itself as the “Switzerland of Latin America”, took the Swiss model (collegial executives and direct democracy) as an example when building its own political institutions. Despite the similarities of these institutions, the results were quite different due to the different context. The comparison between the institutions in these two isolated countries highlights the ways in which the same institutions may produce different results and evolve in distinctive ways. This is important to recognize as foreign models and experiences continue to inspire policies. Contrary to common arguments presented in the literature, even in such a “most likely case”, institutions cannot simply be copied. Institutional effects are context‐dependent and we need to pay attention to this interaction. This article provides new evidence showing that universalist institutional arguments can be misleading.     

“Children in a Terrible State”: Understandings of Trauma and Child Sexual Assault in 1970s and 1980s Australia*

ABSTRACT

The Royal Commission into Institutional Responses to Child Sexual Abuse has shown us the multitude of ways that children were vulnerable to sexual violence. This article explores child sexual abuse outside of institutions, and the development of concepts of trauma in Australia in the 1970s and 1980s. From the mid-1970s, there was increased social, medical and legal focus on child abuse. Driven originally by feminists, there was a new interest in the psychological impacts of abuse, including analysis of the grief, despair, fear and anger experienced by survivors. The explosion of interest in child sexual abuse was mainstreamed in the Royal Commission into Human Relationships (1974–1978) and in discussion leading up to the United Nations Convention of the Rights of the Child (1989). Across the 1980s, public recognition grew concerning the dangers of sexual violence against children, and, in particular, the increased knowledge and interest in intra-familial assaults. This article will chart the dramatic shifts in public consciousness around sexual abuse, particularly around ideas of harm and trauma. It will also suggest that despite a substantial change in cultural views on sexual assault, improvements for child victims were slow to filter through to the criminal justice system.     

The Structural Limits of Depoliticisation in Sri Lanka

ABSTRACT

Sri Lanka’s institutional reform project has gathered momentum with the enactment of the Nineteenth Amendment to the Constitution. The Amendment restored the Constitutional Council, which is mandated to recommend and approve appointments to key ‘independent’ institutions and offices. This article asks what it means to be meaningfully ‘depoliticised’, and explores the dynamics and parameters of the current institutional reform project in Sri Lanka. It argues that the entrenchment of Sinhala-Buddhist majoritarianism within Sri Lanka’s institutional structures has led to ‘institutional decay’. Given such decay, the article points to serious limitations in legalistic approaches that are preoccupied with improving appointment procedures. Since institutions in Sri Lanka are structurally incentivized to appease a majoritarian agenda, relying on legal-textual and institutional reform alone is inadequate. Institutional reform is ultimately constrained by the structural limits of Sri Lanka’s current constitutional framework. The article concludes that meaningful constitutional transformation requires a long-term project that aims to transform the majoritarian socio-political and cultural norms that underpin Sri Lanka’s constitutional order.     

Depoliticisation and ahistoricism of transparency and accountability via global norms: assessing the EITI in Ghana and Nigeria

ABSTRACT

While extant assessments of the Extractive Industries Transparency Initiative (EITI) have focused on institutional and regulatory regimes, such evaluations have largely tended to depoliticise institutions. This article argues that a more robust understanding of EITI processes must give central attention to historically situated political structures and power relations that continue to shape the present institutional quality/capacity of extractive industries' transparency, and EITI reforms. Assessing the EITI in Africa through the lens of historical institutionalism clarifies how global governance regimes interface with specific institutional pathways, state-corporation-civil society configurations, and historical legacies to produce outcomes that may complement or undermine intended reforms.