Australian Aboriginal Property Rights as Issues of Indigenous Sovereignty and Citizenship

Aboriginal Australians have traditionally enjoyed little protection from the law. The matter of land has been at the heart of white settler/Aboriginal relations since the nation was first founded. It is only recently that recognition has been given to the land rights of Australian indigenous people. This recognition was finally made at the property law level in 1992 through the High Court decision in Mabo v. Queensland (n. 2) ([1992] 175 CLR 1). The 1993 High Court decision in The Wik Peoples v. Queensland ([1996] 71 ALJR 173) reinforced that recognition. It did so through the principle that pastoral lessees' and native title holders' rights might co-exist except that, in the event of any inconsistency, the pastoralists' rights were to prevail, provided pastoral activity was being pursued. The most recent legal change is the parliamentary revision of the Native Title Act so that the Wik co-existence principle was put to rest, mainly through permitting the State governments to upgrade pastoral holdings to a form of freehold, thus immunising them from native title claims, and minimising the payment of compensation. In this paper we argue that the country must consider what has been lost in this about-turn from the recognition of native title to land in Mabo . We argue that the nation must consider the emphases in the Mabo judgments upon the significance of international law and the need for the common law not to be locked into a racist past. From that point, we contend for the need to recognise not only native title to land but what lies beyond that: indigenous political and human rights.     

社会记忆研究:从“集体记忆”到记忆实践的历史社会学

尽管有多个学科和不同背景的学术研究领域做了大量的工作,社会记忆研究仍然是一个缺乏固定范式的、没有中心的、跨学科的事业。要纠正这种相对混乱的局面,我们有必要推进多项工作,将社会记忆视为一个有用的传统和一个可加工的范围,为将来的工作奠定基础。我们需要追溯这项事业的家世,回顾围绕社会记忆之基本定义产生的争论,勾勒出历史的视角,并评价与社会记忆静力学和动力学有关的社会学理论。     

Involuntary outpatient treatment as “desintitutionalized coercion”: The net-widening concerns

In American jurisprudence, two justifications have traditionally been put forth to support the government's social control of persons with mental illness: police power and parens patriae. As public mental hospitals became less available as loci in which to exercise these functions, governments sought alternative means to achieve the same ends. One prominent but quite controversial means is involuntary outpatient treatment (IOT). While the concerns about IOT have been myriad, one often alluded to but never documented is that of “net-widening.” That is, once IOT became available, it would be applied to an ever greater number of individuals, progressively expanding the margins of the designated population to whom it is applied, despite the formal standard for its application remaining constant. We tested the net-widening belief in a naturalistic experiment in Massachusetts. We found that net-widening did not occur, despite an environment strongly conducive to that expansion. At this time, whatever the arguments against IOT might be, net-widening should not be one of them.     

The bush administration's security strategy: Implications for transatlantic relations

There are signs of growing transatlantic estrangement over multiple international issues. An important catalyst for this estrangement is the National Security Strategy (NSS) that the Bush administration promulgated in September 2002, a document that is a detailed imperial blueprint. Despite its pretensions, however, it is not a global strategy, but instead appears to apply primarily to the 'Islamic Arc'--the territory from North Africa to the border of India. The administration's security strategy has important implications for the transatlantic relationship, since the United States is encouraging NATO to become a junior partner for missions throughout the Islamic Arc. Given the growing divergence in US and European interests and policy perspectives, the role that the Bush administration envisages for NATO is probably not sustainable. The 'West' was an artificial geostrategic concept that needed an extraordinarily threatening common adversary (the Soviet Union) to give it substance. The US and its allies will continue to drift apart strategically, and the Bush administration's security strategy may actually hasten that process. It is uncertain, however, whether the European Union will achieve the cohesion necessary to counterbalance US power. The main task facing statesmen on both sides of the Atlantic is to learn how to disagree about specific policies without becoming disagreeable.