Bulpadok 2017

The Bulpadok 2017

The TriniTy College Bulpadok 2017 35Th ediTion a work in progress...

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LETTER FROM THE EDITOR

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The concepT of an ediTor’s leTTer To me, seems impinging. my role as ediTor is noT To impose meaning or colour The way one reads This issue of The Bulpadok. raTher, To appropriaTe The work of french TheorisT roland BarThes, my manTle as ediTor evaporaTed once This issue wenT To prinT. in The ‘deaTh of The [ediTor]’, The role of TexTual analysis, inTerpreTaTion, and discourse shifTs To The reader. if you wish To read The Bulpadok Beginning To end, Back To fronT, or noT aT all is ouT of my conTrol. Through The lens of BarThes Therefore, This year’s Theme of work in progress is manifesT. when The Bulpadok is read, The ‘TexT is enlivened’. and Thus, as meaning is aBsorBed, and flows from reader To TexT, and TexT To reader, This ediTion of The Bulpadok will conTinue To grow, Be furThered, and progress Beyond my curaTion of The works. read The noTes and Think aloud, sophie mckendry 2017 ediTor

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ConTenTs

ChiCken or fish, leo li

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women, sexual ViolenCe, and JusTiCe, georgia smiTh

6

unTiTled, sara CourT

14

Chinese women in The puBliC sphere in The early TwenTieTh CenTury, sarah aBell 16 women, sara CourT

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a silenT differenCe, leo li

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uBirr, BeaTriCe harT [phillip sargeanT poeTry prize runner up]

32

a luCky CounTry: a work in progress, daisy moore

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unTiTled, samuel sTrong

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god is Bread, Joseph CarBone [phillip sargeanT poeTry prize winner]

43

unTiTled, samuel sTrong

46

Colour-Blind, leo li

48

unTiTled, samuel sTrong

52

The elusiVe life, laChlan woods

54

unTiTled, samuel sTrong

58

generaTion landslide, melena aTkinson

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afghani women and healThCare, CaTherine kirBy

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unTiTled, ruhisha suBramaniam

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The role of CourT arChiTeCTure in our JusTiCe sysTem, JessiCa grills

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man., kaTherine roChe, samuel sTrong

84

pressure, poVerTy, proCrasTinaTion, leo li

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man., kaTherine roChe

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“uniVersal” human righTs: The ulTimaTe paradox, Claudia Cameron [franC Carse essay prize winner]

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arT, aBoriginaliTy, and disCourse, ifeoma laTisha donnelan

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unTiTled, sara CourT

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end noTes, sophie mCkendry

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ChiCken or fish?

By leo li

noTes

By

alerTing readers To The dichoTo-

mous socieTy in which we all live, and suBsequenTly have a role in consTrucTing,

leo’s

essay explores The poliTics

of ‘choosing a side’.

The shakespearean

chicken

or

fish?

sonneT esTaBlishes

a socieTal Tendency To demarcaTe lefT and righT, easT and wesT. The essay explores how These Binary opTions have manifesTed in a modern conTexT. heighTened media

wiTh exposure, acceler-

aTed google and faceBook algoriThms ThaT individualise our conTenT, and The rise of fake news; our socieTy is aT risk of diplomaTic amnesia. uninformed poliTical sTances filTer socieTy’s virTual(realiTy) and wiTh discourse and deBaTe lagging Behind, our dichoTomous socieTy Becomes increasingly polarised.

The

cure?

looking

a liTTle

deeper, playing devil’s advocaTe and informing ourselves raTher Than relying on a faceBook algoriThm To Tell us whaT To Think.

aBove

all however, is

sTarTing The conversaTion.

analogous 2017 Bulpadok aims To provide a plaTform for The socieTal discourse we should Be having.

To

leo’s

proposal, The

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a waiTer, Clad in gold, approaChed me slow... asked me, “good eVening, sir, ChiCken or fish?” i pause...i’m sure mosT of you folks would know There’s loTs of faCTors when Choosing a dish perhaps Today The Tender BreasT enThrals... BuT i do like The VegeTaBles and riCe ThaT’s wiTh The fish...

BuT i don’T wanT iT all! i Think iT looks a liTTle oVer-spiCed “ChiCken or fish?” The waiTer now demands “perhaps a BiT of BoTh?” i do suggesT. “no, sir, Choose only one. i’Ve goT full hands!” iT seems There’s noThing BeTween easT and wesT ConserVaTiVe or liBeral, know my plaCe: noT righT, noT lefT, BuT somewhere ouT in spaCe

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he majority of the rhyming dimensions. However, the extent to which Shakespearean sonnet (pri- this model has been adopted by the public is or to the couplet that acts now dangerous to not only the uninformed as a volta) is an extended youth, but even educated political commenmetaphor for not only the tators. The dichotomy has changed the way way many view today’s po- politics and debate innately works, and this litical climate, but also the pressure placed is dangerous for the progress of humans as a by intangible societal forces to ‘choose a species. I must concede, however, that this side’. The waiter acts as a symbol for soci- dangerous dichotomy has not been helped by ety, whose purpose is only superficially to our nature as human beings to love the classic serve, but really to assign us (the patron) tale of superhero and villain, good and evil, with one of two options: chicken or fish hot and cold. This is why Google’s famous (Left or Right-winged views). The contem- algorithms love to show us more of what we plation of the patron in the poem, weighing want to see. Too often taking a slight step up the pros and cons, is a metaphor for the in any direction becomes exacerbated as our way we choose our political stance based on screens feed us more and more opinions on our opinions, and by having the same wavelength. This to choose “only one”, must results in even the most “The diChoTomy has forgo views of the other side highly educated members Changed The way polithat we agree with to appease TiCs and deBaTe innaTely of society bearing radical society’s construct of a di- works, and This is dan- opinions to simply adhere chotomy. to the faction they have gerous for The progress chosen. of humans as a speCies.”

As we know, it is popular amongst the youth and meOne should note that in dia of today to simply linearize our political the poem the waiter, representative of socistance and therefore our opinions on matters ety, complains, “I’ve got full hands!” This of great importance, drawing a dichotomy symbolises how the uninformed public feel between the famous Left and Right. The Left about political discourse nowadays: a boring fervently favour LGBT rights, want stronger discussion for old white men smoking on gun laws or prohibition and are often quick pipes. Due to how busy or perhaps lazy we to cry ‘racist’ or ‘bigot’ at the slightest smell are in our day-to-day life, the moment one of intolerance. The Right, on the other hand, party shows the slightest sign of being “the love the Second Amendment and are often good guy”, we vote for them and mindlessly sceptical or even accusational of people out- nod in agreeance with all their views. Alterside the sphere of the White man. What oper- natively put, the moment a party is successates within these sides is absurd and almost fully painted as ‘the bad guy’, we vote for comical, as they push to and fro in the tur- their opposition. This is insanely dangerous, bulent political sea. Some of the more astute but has become much what modern day polmay propose the use of political graphs, No- itics is all about. Look at the 2012 US Preslan or Pournelle charts when discussing the idential election. Mitt Romney, when asked climate, now dragging our model into two about Obama, said he was a poor leader una3

ble to work in bipartisan fashion and had dug the economy into a hole. However, alongside this were comments saying he was “a good family man and a good husband” and “believed in the Constitution”, despite his liberal delusions. In other words, Romney’s take on Obama: “Good guy, s*** President”. Obama didn’t even need to be asked about Romney to claim that he was leading “a war on women”, had numerous overseas bank accounts and wanted to “put y’all back in chains”.

Rich and arrogant? Check.

Misogynist? Check.

Racist white supremacist implied by imagery of slavery? Check.

the centuries... that completely undermined the essence of politics. Although the playing field was now even (resulting in a much tighter election than the 2012 landslide), it had shifted away from the stadium of politics and into the arena of public image where defamation is the name of the game. And when up to 80 percent of America’s youth claim to have “little to no interest” in reading policy (according to Time Magazine), they blindly follow which candidate slings the sharper schoolyard insults. Our opinions become funnelled and dichotomised into artificial armies at political war, since debate is no longer an option.

It is outrageous to suggest that our views can Obama’s slogan on Romney: “Worst hu- see us placed on a one, two or even n- dimenman being to ever walk the sional scale. There are an infinite planet”. Therefore, it is not “suspend JudgemenT, number of aspects to an infinite unreasonable to say that the play The deVil’s adVo- number of issues that we cannot unaware majority saturated CaTe...[and] Bring our simply assign some binary coeffrom the floods of media indiVidualiTies BaCk ficient to. This is why the graphs exposure would simply tick and charts political ‘scientists’ inTo exisTenCe” the “Obama” box and go on so rampantly draw are a flawed with their daily lives, allowing him to win by model. The only real model, I believe, is a landslide 281 to 191. what the poem suggests: “out in space”. In reality, we are all nodes in a directionless Now look at the 2016 election, which was hyperspace continuum. Sure, every now and essentially politics turned into a verbal box- then, we might collide and connect with aning match. The Republicans had a new am- other node, forming an infinitely complex bitious leader who was unafraid of learning web that no textbook can really comprehend. and using the old Democratic trick. While To be honest, even this model is somewhat Hillary dug up seedy records of him claim- pointless. Instead of trying to place a label ing to grab women by the you-know-what on ourselves, we should approach others and and called him the “greatest present threat talk, exercising diplomacy and debate, carvto the United States”. Trump hit right back ing out our own refined opinions. by explicitly calling her “the Devil”, claiming she was involved in the oppression of Therefore, I propose to anyone reading the very women abused by her husband and this to truly take a step back the next time labelled her the “Queen of prejudice and you’re appalled by Trump’s latest tweet or paranoia”. Boy oh boy, this was a tussle for a comment made by your distant Aunt on 4

Facebook. Instead of dismissing it or subconsciously reasoning to yourself that your opinion is correct, objectively try to string together their argument. Suspend judgement, play the Devil’s advocate and find evidence to support their view, and you may find that it’s not as twisted, backward and illogical as you initially thought. This is the only way to get rid of the factions that currently separate too much Western world, and only then we stand a chance at bringing our individualities back into existence.

whaT do you Think?

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women

sexual ViolenCe

& JusTiCe.

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By georgia smiTh

noTes

in lighT of leo’s essay, which demands we learn from The facTs, and self-inform, georgia’s work provides The perfecT follow on. she Brings our aTTenTion To a paramounT social issue, providing a plaTform for The conversaTions we should Be aiming To have. iT is imporTanT To separaTe in This essay The singularisaTion of female sexual violence. yes, sexual violence can Be, and is offended againsT male vicTims. This essay however, in The inTeresT of scope, has a clear and definiTive focus: The role of jusTice for predrominaTely female vicTim-survivors.

The jusTice sysTem deems ThaT vicTims (The prosecuTion) Be assigned legal represenTaTion whilsT The defence have The opporTuniTy To find Their own lawyer.

does This perpeTuaTe an

imBalance of power in our jusTice sysTem, and in The case of sexual violence charges, reinforce The offender’s posiTion of power over The vicTim?

harm for vicTims is ofTen inTangiBle - iT is BoTh social and psychological, and ulTimaTely invisiBle To mosT onlookers.

harm To The offender, if a case is pursued legally, is perceived as having adverse life affecTs. iT has The poTenTial To ruin a life.

recall The case of Brock Turner, and his faTher who equaTed a lifeTime of punishmenT Too cruel for his son’s ‘TwenTy minuTes of acTion’.

socieTy can ‘see’ an offender’s punishmenT, BuT somehow Because we do noT see or Touch a vicTim’s pain iT is noT There? aren’T vicTims Too facing lifeTime punishmenT for ‘TwenTy minuTes of acTion’ They did noT consenT To?

Talk aBouT sexual ViolenCe, and The ConsTruCTion of BoTh ViCTims and offenders - how has soCieTy framed our perCepTions?

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S

exual violence is a systemic ternatives for those who are unable or disingendered harm that threatens clined to secure justice through legal means. women and children globally.

Sexual violence is inherently Justice is, and always has been, an imporcomplex in the way it is perpe- tant principle underscoring human relations. trated in vastly different con- However, it is difficult to-secure a definitive texts and by vastly different kinds of men. or universal definition of justice. The phiSexual violence can be perpetrated in times losopher John Rawls argued justice is fairof war or in times of peace, by strangers, ac- ness. Although noted that what is just and quaintances or loved ones.1 The complexity unjust, and therefore what is fair and unfair, means victim-survivors have varying expe- is often in perpetual dispute.4 This dispute riences of sexual violence and most often arguably arises because people concepturequire individualised justice. For some alise and experience justice and injustice victim-survivors, justice flows from the differently. Henry et al.5 fittingly describe validation of their experience, for others it justice-as an “imaginative space” which sugis obtaining accountability or retribution, gests the meaning of justice is inscribed by and for a separate group it is individuals and society. For achieving the prevention of victim-survivors of sexual further harm to other people. “ The reporTing and violence, their experience of Along the same vein, for some ConViCTions of sex- injustice is shared and their victim-survivors, justice is an ual ViolenCe remain corresponding need for jusamalgamation of these factors. tice is united. However, their The lowesT for any For others, real justice may be quest for justice is often inoffenCe.” unobtainable, leaving them dividualised.6 Interviews and only with the prospect of ‘apsurveys of victim-survivors proximate’ or ‘symbolic’ jusof sexual violence present a 2 tice. Drawing on this knowledge, this essay few common conceptions-of justice. These will argue that the quest for justice is sub- include a-voice and participation, acknowljective and personal. Consequently, a variety edgement and validation, accountability and of tools and measures are required to ensure responsibility, and safety and prevention.7 all victim-survivors can achieve individual Some victim-survivors may consider all of justice. While the criminal law system prom- these factors necessary to achieve justice ises the hope of justice, and considerable re- while some may specifically prioritise a few. forms have been-implemented to strengthen Alternatively, some victim-survivors may this promise, the reporting and convictions feel as though nothing can right the wrong of sexual violence remain the lowest for any and thus, absolute justice is unimaginable8. offence in countries like Australia.3 This es- Despite subjective-views of justice, the say does not disregard the importance of le- criminal justice system remains a “domigal measures for the justice of many victims. nant frame” through which victim-survivors Instead it argues that considerable changes pursue justice9. The law arguably presents in problematic social attitudes of ‘real rape’ a mechanism through which the truth can and legal processes are needed, as well as al- be constructed, a harm can be recognised, 8

rights can be asserted and perpetrators can which other problematic attitudes towards be held accountable and prevented from do- sexual violence have spawned.15 Most notaing further harm. In this way, the legal sys- bly, victim-blaming often arises in circumtem promises a manner of justice that many stances which divert from a narrative of ‘real victim-survivors require10. However, this rape’, including circumstances where the promise is contradicted by problematic rape victim-survivor knew the perpetrator, was drunk, had initially flirted or wore suggesmyths and traumatising-processes that pretive clothing.16 Moreover, rape myths intervent the majority of victim-survivors from act with normalised sex scripts which socialreporting rape and prevent the majority of ise men to perform coercive sexual behavior cases that are reported from securing a con- and women to offer token resistance. Thus, viction or procedural justice.11 As the follow- if women do not resist, or only provide weak ing sections of the essay will argue, a social resistance to sexual violence, this is more change in the understanding of sexual vio- likely to be interpreted as a sexual act, rather lence and the processes of the legal system than an act of violence.17 are required-to bring the promise of justice to fruition. Moreover, the failings of the le- Despite a projection of-neutrality, the legal system is not divorced from gal system and the subjectivisocial norms or attitudes. Soty of justice demand non-legal “ for ViCTim-surcietal values inform and remeasures that can act in relaflect the law it enacts.18 The ViVors of sexual tion to the criminal justice sysconsequence, as Catharine ViolenCe, The law’s tem or as an alternative.

Mackinnon19 acutely argues, promise is flawed

is “under law… rape is not wiTh ConTradiCIn almost all nations and comregarded as a crime when it munities, law (or lore) promisTions.” looks like sex”. Moreover, es justice for those who are the sexual violence is not regardvictim of a crime. In Western ed as a crime when-it does not nations, the criminal-justice system prom- fit the prototype of ‘real rape’. The statistics ises a forum through which victims can be support this theory, with an estimated 1 in 6 empowered, construct the truth and hold the victim-survivors reporting sexual violence. perpetrator accountable. For victim-survi- Of these reports, between 15 and 20 per cent vors of sexual violence, the law’s promise result in a charge, and only 3.5% of these is flawed with contradictions. Instead of charges are estimated to materialize into a empowering, the law often silences. Instead conviction. Thus, for-victim-survivors who of finding truth, the law often doubts, and approach the law, only 0.7% achieve justice instead of holding-the perpetrator account- in the form of a conviction.20 In an Australable, most walk free.12 A pronounced-body ian wide study, Lievore21 found that 87% of of academia assert that these contradictions cases that made it to court involved force, a are produced by rape myths and problematic weapon, injury or a threat to the victim-sursocial attitudes surrounding gender and sex- vivor, while in 87% of cases that did not prouality.13 Rape myths are normalised, but false ceed to court, the perpetrator was known to perceptions of rape as an inherently violent the victim-survivor. A similar study in Vicact, perpetrated by a stranger against a wom- toria-suggested a charge was more likely-to an who-physically resists.14 “Stranger rape” occur if the victim-survivor was “physically has become a “prototype of real rape” from 9

injured; medically examined; not influenced by alcohol or drugs at the time of the offence; subject to other offences alongside the rape; and raped by offenders well known to police for previous sexual offending”.22 Thus, it is arguable-that notions of ‘real rape’ and normalized attitudes towards sex and consent are obstructing the validation of harm and perpetrator accountability – two important notions of justice.

[Q]: And then there's actually the internal part of the vagina? You understand?

[A]: Yes. [Q]: Inside you, the cavity. Now, when you say outside and inside, are we talk- ing about the intermediary part between the lips or actually inside your body?

[A]: Inside, right inside.

If we look more closely at-qualitative re(Cited-in Kaspiew 1995, search of Victorian sexual violence trials p.

359) throughout the past 20 years, it is clear that persistent rape myths and social norms also In another trial where-the vicprevent procedural justice tim-survivor was raped by an 23 from occurring.

Evidence acquaintance at a party, the desuggests victim-survivors are “The Criminal JusTiCe fence drew upon public-condenied a platform to control sysTem, under a guise ceptions of ‘real rape’ to cast their narrative and construct of JusTiCe, disempow- doubt on the victim-survivor’s the truth, which are often esers ViCTim-surViVors.” testimony: sential forms of justice. They are instead-met with vic[Q]: You were trying to resist tim-blaming, doubt-and a prohim? cess that is often traumatising.

[A]: Yes. In one case, where a young girl testified for repeated sexual violence perpetrated against [Q]: You were trying to physically resist her by her step-father, the defence turned the him? case into a traumatising debate over the “de- [A]: Yes... grees of penetration” rather than construct- [Q]: Did you yell out a single word?

[A]: No. ing the truth about the abuse of power: [Q]: Why not?

[A]: I was scared.

[Q]: There is the outside part of the vagina? ….

[A]: Yes. [Q]: Once again, you didn’t say anything?

[Q]: Right, you're with me, it’s actually out- [A]: No...

[Q]: But you didn’t scream? side the body, covered with pubic hair?

[A]: No, I froze.

[A]: Yes. [Q]. Would you say now that freezing in [Q]: And there is an intermediary or middle those circumstances was an irrational thing to do? ... You didn’t have any injuries? part of the vagina?

[A]: Not that I can remember.

[A]: H'mm, yes.

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(Cited in Powell et al.

experienced in legal processes with a “primary focus on early resolution”.27 Evaluations-have found an improvement in the supIn eight-out of ten trial transcripts analysed port for victim-survivors as well as a genuine

by Powell et al. (2013), the defence con- attempt to disrupt notions of ‘real rape’ and structed a similar narrative of a woman who address the complexity of sexual violence participated in consensual sexual intercourse experiences.28 Despite improvements in that she later regretted-and therefore “cried” procedural justice, Powell et al.29 notes that rape. This line of defence is underscored problematic social attitudes still persist, deby problematic social attitudes that work to nying a large proportion of victim-survivors deny victim-survivors validation or the pow- the justice they seek. Moreover, conviction er to construct their own version of events. rates have actually fallen, suggesting furIn effect, the criminal justice system, under ther change or alternatives are required.30 a guise of justice, further disempowers vic- In terms of the legal system, a substantial tim-survivors. collection of scholars agree that a social change in-attiDespite the failings of the “proBlemaTiC soCial tudes towards rape, sex and criminal justice system, law aTTiTudes...deny ViC- gender must occur alongside reform remains a source of Tim-surViVors Valida- law reform in order to secure hope for feminist-legal schol- Tion or The power To the types of justice required by ars and a potential site of jus- ConsTruCT Their own victim-survivors.31 One may tice for victim-survivors.24 In Version of eVenTs.” ask why are scholars and vicVictoria, law reforms have tims willing to preserve hope been implemented to address in the legal system in light of the procedural injustice experienced by vic- its persistent failings? tim-survivors.25 A communicative model of consent has been adopted in jury directions In the words of Margaret Thornton: “Clumwhich, to an extent, shifts the burden of sy though the criminal law is with virtually proof onto the perpetrator to illustrate the no remedial, rehabilitative or preventative steps they took to ascertain consent. The value, its public role can effectively expose purpose of the communicative model is to harms endured by women in private which remove a degree of onus on the victim-sur- would otherwise remain hidden”32. In other vivor to prove she did not consent, which in- words, the law has a legitimizing and normaevitably leads to victim-blaming, doubt and tive presence in society, which functions as re-traumatisation.26 Moreover, Victoria-has a signal of what is acceptable-and unacceptdeveloped the Sexual Offences List and the able in society. Thus, victim-survivors will specialists’ sexual offences unit operating continue-to seek justice through the legal within the public prosecutions office. This system in order to have their trauma legitreform aims to improve-public confidence in imised as an unacceptable wrong and held the prosecution of sexual violence with the accountable. Similarly, feminist-legal scholhope of increasing reporting rates. As well ars will continue to push for reform so that as this, the unit aims to minimise the trauma sexual violence, in all of its complexities, is 2013 pp. 468)

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programs have allowed victim-survivors to have a voice and more actively-participate in their quest for justice, as well as have their harm validated and acknowledged. The programs are built on feminist foundations and are consequently tailored to minimise further trauma and reject binary notions of rape.

Given the complex and varied nature of Thus, RJ can provide victim-survivors who sexual violence crimes and conceptions of perceive justice as a platform to voice their justice, alternative justice methods must be experience and receive validation, with a offered. The need for alternatives and sup- meaningful service. In some contexts, RJ can plements is more pressing in light of the take the form of the victim-survivor having inability for conventional legal measures to an honest conversation with the perpetrator. secure justice for most victim-survivors in Such-a circumstance can lead to an admisthe present day.33 Restorative justice (RJ) sion of guilt and remorse, which in turn may is one example of an innovative response provide both victim-survivors and perpeto justice that involves giving trators with individual justice victims and perpetrators a priand closure. Thordis Elva and mary role in addressing and-reTom Stranger are an example “ in The Case of pairing the harm. The underly- sexual ViolenCe, The of a victim-survivor and pering philosophy of RJ is that a legal sysTem ofTen petrator, once boyfriend and harm requires an appropriate CreaTes more road- girlfriend, who reconciled their response, however what is ap- BloCks Than mean- experience of sexual violence propriate depends on the needs 15 years after it had-occurred ingful ouTComes.” of the victim-survivor and the and they had separated. In a context of the harm.34 Thus, RJ presentation, Thordis spoke is more-flexible in its ability to meet the de- positively of their reconciliation: “despite mands of victim-survivors than conventional our difficulties, this journey did result-in a legal measures. There are a number of forms victorious feeling that light had triumphed which RJ can take. In the U.S a RESTORE over darkness, that something constructive programme ran between 2004 and 2007, could be built out of the ruins.”37 This indifollowed by a similar program called Pro- vidual story is arguably an example of the ject Restore in New Zealand. The programs subjectivity of justice. While RJ may proinvolved victim and/or offenders meeting vide victim-survivors with the “light” of with experienced facilitators, counsellors justice, others may face “darkness” without and-specialists in sexual-assault, to develop legal-validation or a conviction. In essence, individualised processes, in accordance with a variety of legal and non-legal measures of established guidelines, that work towards justice are necessary to address the inherent addressing and repairing the harm caused complexities and personal trauma of sexual by sexual violence.35 Overall, the programs violence. have been considered relatively successful given limited resources and funding. The In conclusion, justice is an innately subjec12 properly exposed and recognised as a horrific crime within society. This ultimately-implies that legal measures should not be abandoned as a means of justice, but rather supplemented with social change and alternative justice mechanisms.

tive experience that corresponds with individualised requirements and processes for its attainment. Although victim-survivors of sexual violence share an experience of injustice, they are likely to diverge in their personal needs for justice. The legal-system is often considered the default for one’s quest for the righting of wrongs, however in the case of sexual violence, the legal system often creates more roadblocks than meaningful outcomes. These roadblocks are arguably created by omnipresent attitudes towards ‘real rape’ and ‘sexuality’ that deny victim-survivors justice if their experience does not fit the normalised prototype. Moreover, legal measures are often a source of further trauma and disempowerment. The shortcomings of the legal system negatively-implicate victim-survivors who associate justice with legal validation and retribution.

Thus, a social change in attitudes towards sexual violence and ethical sexual behaviour is essential for the justice of this group of individuals. Alongside social change, alternative justice-methods, such as restorative justice, provide an important platform for victim-survivors to have a voice, receive social validation and potentially, a form accountability. The way forward is ensuring a multiplicity of-improved legal and non-legal measures exist that can meaningfully assist victim-survivors of sexual violence on their quest for justice.

a work

in

progress.

13

unTiTled

sara’s piece is somBre and suBdued. The cool colours and sofT eyes of The Two women make for a muTed image. placed afTer

This georgia’s

work, essay

reflecTs The silencing of women in The currenT jusTice sysTem. iT demonsTraTes a sadness, and darkness, yeT The red and pink imBues sTrengTh, a sense of pride, and deTerminaTion.

14

By sara CourT

15

CHINESE WOMEN IN THE PUBLIC SPHERE IN THE EARLY TWENTIETH CENTURY

By sarah aBell

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sarah noTes ThaT The sTories of uneduCaTed lower Class women are noT heard BeCause They laCk The plaTform To speak. This is inTeresTing To Think aBouT in a disCourse around ‘silenCing’, espeCially in relaTion To georgia’s essay. ThaT is, are There VoiCes (in a soCieTal sense) ThaT are silenCed?

or JusT unheard?

in This essay, sarah highlighTs ThaT women’s emanCipaTion was made aVailaBle To unmarried independenT women.

Today, in a wesTern ConTexT The image of The independenT, finanCially sTaBle, CommerCial woman is noT Viewed as The ‘emanCipaTed woman’. raTher, Choosing Career oVer family, independenCe oVer more ‘innaTe feminine Values’ is ofTen Vilified wiThin modern disCourses. haVe we wiTnessed a reVersion?

17

F

or Chinese women, the be- Not all changes that took place for Chinese ginning of the twentieth cen- society may be confined to the Republican tury was a time of significant Period from 1911. The changes that were enchange. Offered educational acted during this era had begun by the late and work opportunities, as 1800s. As such, this essay will not only conwell as the political and so- sider changes from 1911, but from 1900 to cial changes in ideology brought about by the 1940s, accepting that “history is defined the fall of the Qing Dynasty in 1911, wom- by its appreciation of process, not by chronoen’s place within China’s hierarchical, gen- logical stelae.”2 The primary sources utilised dered spatial structure changed significantly. are literature, fictional and non – fictional, Women’s access to “[new] spaces for urban derived from this period, as well as analyses cultural production and consumption” that of spatial structures. In particular, fictional were entailed in education, work and a re- works by May Fourth writers such as Ding jection of the Confucian doctrine that made Ling and Shi Pingmei are used to give an inwomen subservient to men enabled them to sight into the quotidian lives of Chinese peotranscend the gendered, spatial structure that ple. In the interaction between characters and bound them to the ‘inner’, domestic sphere, spaces, they illuminate how Chinese women, and men to the ‘outer’, public sphere.1 At with their newfound status, changed Chinese least, some women’s capacsocial spaces, just as Weiity to take on new opportukun Cheng suggests that nities such as the aforemen- “households and Their space acquires meaning as tioned gave them the ability hierarChiCal sTruCTure... people assign symbolic valto physically leave the ‘inner mainTained women’s posi- ue to it through their beliefs chambers’ of the home, and Tion in The inner sphere.” and attitudes, and in their as such, subvert the domesinteractions.3 tic lives Confucian tradition bound them to. At most, some women According to Francesca Bray, the Chinese actively influenced the nature of the new household was the site for the interplay bespheres within which they moved, changing tween “users’ guides”, the culture and practhe nature of interactions between men and tices that governed individuals’ lives, and women, and posing a challenge to the spatial “hardware”, the architectural features that division of Chinese towns, where men dom- reinforced these ideologies.4 This ideology inated the ‘outer’ sphere, and women lived manifested directly and indirectly for Chionly within the ‘inner’ sphere. In this way, nese women prior to the changes in the early changes in the position of women in Chinese twentieth century. Households and their arsociety that gave them more opportunities chitectural structure symbolised the hierarand agency relative to men changed the na- chy within the house as determined in Conture of urban culture by, for some, undermin- fucian texts, and ensured its enforcement.5 ing the spatial and ideological structures that The symmetrical and axial wall – enclosed relegated women to the ‘inner’, domestic courtyard house, for example, maintained sphere. women’s position in the ‘inner sphere’. The spatial structure of the Chinese home mirrors 18

that of the imperial city, where, for example in Beijing, walls were used to delineate rights of control, and distinguish ‘inside’ from ‘outside’.6 Indeed, the object of the spatial arrangement of a Chinese household was “separateness”.7 Women were subject to “institutionalised spatial segregation,” that associated them with the home and domestic sphere, as men were, contrastingly, associated with the “world at large.”8

according to essayist Chen Xiefen in 1904, held as men’s slaves for “several thousand years”.13 Although women were not always physically trapped in the home, this ideology underlay such policies that did physically seclude them such as foot binding, the pain and damage to women’s mobility caused by which often prevented them from leaving the home and being independent. More indirectly, women’s lack of education, seen as unnecessary for domestic tasks, prevented them from becoming financially independent from their families, and as such from living life outside of the family home. The public world, “full of possibilities” was, in contrast, a space symbolically and literally dominated by men, who had access to a wide range of educational and social opportunities outside of the 14 more CapaC- family.

The main hall, at the centre of the house, was where family members worshipped ancestors, and was considered the most holy part of the house.9 The arrangement of the outer spaces signified the hierarchical structure of the household; the higher in the hierarchy an individual in the family was, the closer they lived to the main hall.10 As they are low- “women had er in the hierarchy, unmar- iTy To remoVe ThemselVes ried daughters, for example, from an oppressiVe ‘inner The opportunities afforded to women resulting from live in the back of the house. sphere’.” changing attitudes towards Furthermore, these spaces them enabled them to subwere bound by high walls vert this spatial structure in with few openings, limiting favour of entering into the ‘outer’ sphere. In unmarried women’s interactions with both 1907, the Qing government officially sancthe inside and the outside spatial areas.11 tioned education for women, and private Women were subject to a hierarchically or- schools began to appear around China.15 For ganised system of relationships within areas working class women, China’s pursuit of such as gardens and courtyards. In contrast, modernisation throughout this period gave men had access to the more open and less them further opportunities to take up work in the industrialising cities, such as in the cotcontrolled public sphere.12 ton mills in Shanghai.16 As a result of this, This ‘hardware’ underlay the effectiveness of women had more capacity to remove themthe ‘user’s guides’ entailed in Confucian tra- selves from an oppressive ‘inner’ sphere, dition that determined the role of women and as they were not necessarily reliant on their husbands or families due to the financial inmen in society. Women fulfilled their primadependence that working and being educated ry roles as wives, mothers and homemakers granted them. This undermined a structure, in the inner chambers, and the effectiveness which, in part, maintained women’s obediof the combination of ‘hardware’ and ‘user’s ence through their financial dependence. guides’ was such that women had been, as With many women taking the opportunity to 19

leave their extended families to be educated or to work they also physically left the family hierarchy as it was enforced by the spatial layout of the family household. This enabled them to enter into a new space, and one that was not bound by both physical walls that predetermined their role in society. In this way, education and work opportunities for women during the early twentieth century posed a challenge to the traditional gendered system within towns; previously male dominated ‘outer’ spheres such as education and work were now infiltrated by women, who left the traditionally female ‘inner’ sphere.

transcend spatial boundaries and utilise their newfound rights. In this sense, whereas for some Chinese women urban culture changed significantly resulting from their emancipation, for others it did not. The kinds of spaces that women accessed during this era still had barriers to entry much like the walls that bound women in their homes, although they were now financial and class rather than gender and physical barriers. Education was inaccessible for many Chinese women as it was not public. Working class women, for example those working under poor conditions in Shanghai’s cotton mills, had a limited capacity to take leisure in public The ways in which women moved in this spaces as upper class women since their conpublic space as a result of this financial inde- ditions were poor and, although financially pendence is imagined by Shi independent, they did not Pingmei in her 1928 fictional “eduCaTion and work earn a significant amount story Lin Nan’s Diary. Her opporTuniTies for women of money.19 These women brother in law’s girlfriend, during The early TwenTi- remain absent from many Xiu Qin, a student at Beijing eTh CenTury posed a Chal- May Fourth works such as University, is described as an those referenced in this eslenge To The TradiTional “energetic and aggressive … say, as the pursuit of womgendered sysTem.” liberated girl”.17 In this, it is en’s emancipation was led suggested that the life led by by upper class women, and Xiu Qin is much more exciting than that of working class women did not have the same Lin Nan, who remains a housewife in her access to education as to tell their own stories parents’ in law’s house. Indeed, the capacity in the same medium.20 In this way, a walled, for women to “play with men and make fools spatial arrangement dividing Chinse society of them in such public places” as the dance- continued to exist in a gendered manner, to hall, the coffeehouse and the park in cities the extent that the public sphere remained insuch as Shanghai was a signifier of their accessible for some Chinese women even if creation of a new, confident, strong, modern others could access it. identity, and one in which they were a permanent fixture of the public sphere, distin- Women who were married, furthermore, lost guished from the identity of women within much of their capacity to overcome the opthe inner sphere, who remained “in chains” pressive, gendered spatial structure of Chinese society. Even some educated women as Lin Nan notes.18 were “left … behind”; the female protagoHowever, in some facets of Chinese socie- nist, Lin21Nan, in Lin Nan’s Diary is one such woman. Although educated as a teacher, ty women did not have the opportunities to she, as a married woman, still lives with her 20

husband’s family and does not have the inde- women.24 The “shifting sexual economy” of pendence to leave them despite her husband’s the early Republican Period enabled wominfidelity.22 In this way, towns likely retained en to avoid oppressive practices such as arthe pre-existing system of sexual segrega- ranged marriages, which had been common tion for women who had little capacity to ac- throughout Chinese cities prior, and even cess these new, liberated public spaces. This more so as such practices came to be conproblem is echoed by essayist Chen Xiezhao demned by many in the popular May Fourth writing in 1927, who notes that many of her Movement.25 In line with this new cultural own friends have met the “unthinkable mis- milieu where women were more independfortune” of being financially reliant on their ent from the demands of men, financially and husbands once they have had children, even culturally, public spaces became the new theif they had been independent previously, atres for courtship, in contrast to previously because of the lack of public child care and where marriages had been arranged by famaffordable nannies.23 To this end, moving be- ilies in private.26 tween the inner chambers and public life was not necessarily easy for all women, and for The presence of women in Chinese cities’ some these spaces were inaccessible as they public space, rather than just within the prihad been prior to the early twentieth century. vate space of the home, gave rise to free, sexIn this way, the capacity to ualised relations between overcome spatial confinemen and women, external ment resulting from wom- “women had BeCome, By from the influence of the en’s emancipation existed The 1920s, a signifiCanT extended family. For exmainly for unmarried, upper fixTure wiThin The puBliC ample, many of the stories class women, and perhaps sphere of Chinese CiTies.” from May Fourth writers not to the same extent for feature love affairs, often working class and married not endorsed by the extendwomen. ed family. In Separation, the female protagAn impact of women’s entry into public space was the change in the ways in which women and men interacted, and the breakdown of a Confucian culture that outlawed close social interaction between the two sexes. Rather than interacting with each other primarily in the inner sphere, men and women interacted freely in the outer sphere. Women now had the freedom to interact with men without the “mediating control of the family” as was the case prior to the early twentieth century as they could live outside the family home, where the extended family would make decisions regarding marriage and family for

onist writes of walking through Zhongyang Park in Beijing with her lover, who she had initially met in “the clubhouse,” just as Lee describes men and women in Shanghai using public parks as the stage for “romantic trysts and rendezvous.”27 Similarly, Sophia’s relationship in Miss Sophia’s Diary takes place within university dormitories.28 The freedom with which men and women interacted with each other suggests that women had become, by the 1920s, a significant fixture within the public sphere of Chinese cities. In this way, urban culture changed in that the manner by which women and men pursued romantic relationships was not through the extended 21

family, within the inner sphere, but rather as independent agents in the outer sphere, changing the nature of interactions in both spaces.

sentiment is echoed by essayist Zhang Shenfu, who wrote that women’s emancipation was “inappropriate” for having been led by men only interested in women’s usefulness to Chinese society.33 This gives a sense that the gendered, spatial structure of Chinese society remained, as even if women had the capacity to leave the home, the public sphere and their behaviour within it was still dominated by men and their interests.

However, some, such as the essayist of the time, Zhang Shenfu, believe that changes to urban culture during this period were not the result of a sincere appreciation for women’s emancipation, but of the use of women as a political tool to advance the revolution.

In this way, urban culture remained colour- Furthermore, Chinese society remained anxed by the same Confucian values that kept ious about completely changing their moral women subordinated to men, and women’s outlook and was apprehensive about allowemancipation did not have a significant im- ing Chinese women to reject Confucian trapact on these spaces.29 For the May Fourth dition completely.34 This is manifested in Movement, women’s seclusion in the inner women’s behaviour within the public sphere, to the extent that some still chamber diminished China’s capacity to fight against “women did haVe The were subject to attitudes that foreign imperialism, and agenCy To reCognise and did not accord with their newfound status in society. to build a strong nation, as aTTempT To oVerCome The As Julie Broadwin suggests, women were “[parasites]” forCes ThaT ConTinued To for example, although foot and did not contribute oppress Them.” binding had been eradicatenough to Chinese society, ed in some parts of China, as, without education, and it found “[expressions] in when physically secluded to the household other … formations and actions in Repubwith bound feet, they did not have the phys35 ical capacity to protect China from foreign lican China.” Some of China’s modern invasion or to otherwise contribute to the women struggled to reconcile their freedom revolutionary effort.30 In this way, women’s with ever-present norms dictating how they emancipation as led by this movement did were to use this freedom, if at all.36 In Miss not set out to emancipate women to the ex- Sophia’s Diary, protagonist Sophia feels tent of giving them complete control over conflicted by notions of “things a decent their lives, but only insofar as they could act woman should never do” and new cultural to create the vision of a new, modern China.31 norms enabling her sexual liberation.37 This For this purpose, a new form of discipline indicates that even if the May Fourth Movewas imposed upon women that compelled ment emancipated modern Chinese women, them to dedicate their lives not to domestic they still “[bore] the scars of the [past] era.”38 servitude, but to being “politically aware, pa- In this way, even if women had transcended triotic, independent and educated”, a reinter- the “hardware” of China’s sexual segregapretation of the Confucian hierarchy that had tion of spaces, they remained bound by the women behave at the behest of men.32 This same “guide books” that dictated the nature 22

of their behaviour towards men within these spaces.39

individuals’ behaviour within these spaces during the early twentieth century.

However, this argument denies women’s agency in taking up the opportunities the new political milieu provided. To the extent that primary source material written by women such as Yang Zhuihua and Zhang Shenfu reveals such a conflict, women did have the agency to recognise and attempt to overcome the forces that continued to oppress them.40

The early twentieth century was a period of immense change and upheaval. For some women, this translated into a challenge to a centuries’ old system of gender segregation, as women overcame the ‘hardware’ of the Chinese home to, figuratively, climb over the symbolic and physical walls that had previously imprisoned them. For other women, access to this outside sphere was not as available. However, in challenging the ‘user’s guides’ that underlay this system, women who entered and changed the public sphere and female intellectuals began the process of completely deconstructing the walls that confined women to the home, a process that impacted significantly upon the nature of urban life for all of Chinese society, and one that continues beyond the early twentieth century and into the present era.

Just as women became a permanent fixture of the public sphere, so too did a significant group of female essayists of the political and intellectual sphere, helping to shape the norms that pervaded these spaces.41 Where some women shared the same education and educational facilities, there were new opportunities to participate in shaping political ideas and struggles.42 During this period, many women were actively involved in the “discourse of reform” and partook in the discussion of issues such as education, suffrage social freedoms and economic independence.43 In a study of Chinese students studying at Japanese universities in the early twentieth century, Joan Judge finds that university gave women access to “new political experiences and publishing opportunities” that enabled them to participate in both Nationalist politics and the politics concerning the position of women in Chinese society.44 Similarly, many of the female characters in fiction by May Fourth writers are involved politically. Xiu Qin in Shi Pingmei’s 1928 Lin Nan’s Diary is described as having a “tocsin in one hand, and a torch in the other”.45 In this way, women, instead of being bound by men’s decisions within the public sphere, actually had some influence over the nature of the “user’s guides” that governed

23

WOMEN

BY SARA COURT

24

Two life drawings depicT naked women. BoTh, in Their posiTioning, and how They are shaded reflecT sTrengTh, confidence and a sense of pride wiThin The female form and Their own Bodies. These women represenT The emancipaTed women of sarah’s essay. similarly, These women are emBlemaTic of The progress of The female movemenT. sara’s earlier image of Two women is nesTled BeTween georgia’s essay - exploring The sTruggle for female recogniTion and jusTice, and sarah’s essay - The reTelling of a successful road To freedom for women. These life drawings Then, mirror a process of sTruggle for female liBeraTion ouT of which The Two women can now siT comforTaBly, and freely.

This is noT To say however, ThaT all The work is for BoTh women and men, The concepT of ‘freedom’ aT large remains a work in progress. done.

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26

27

BY LEO LI

A SILENT DIFFERENCE policing discriminaTion has proven difficulT in a legal conTexT. how can leo’s persepcTive Transpire inTo policy?

how do

we proTecT The righT To ‘discriminaTe’? and proTecT The discriminaTed?

conTexT, in This essay is imporTanT, and leo has referenced many examples. whaT emerges as a proBlemaTic facTor, is ThaT This deBaTe coincides wiTh anoTher.

ThaT of puBlic versus privaTe. does The governmenT have The righT To police our privaTe ThoughTs, or as illusTraTed in work, police our Bodies?

sara’s or are There

zones of exempTion yeT To Be clearly demarcaTed in legal Terms?

on a micro-scale, censorship and ‘freespeech’ have emerged as Buzz words aT TriniTy. how can we realize leo’s perspecTive?

28

S

ince the first chicken crossed for a reason, and although they’re broken, I the first road thousands of years challenge anyone to bring concrete evidence ago, philosophers have ques- that they don’t stem from a grain of truth. Intioned its intentions, giving stead, the correct path is one of the ‘victim’ birth to the paragon of Western choosing to pursue and thereby excel at what humour. Laughter, they say, is they do, and to accept the connotations of the best medicine, but sadly, as political cor- their activity, culture or religion. This then rectness clenches its fist tighter and tighter results in acceptance by the peers who iniaround what is allowed to make us laugh, tially questioned their difference. This, I beour remedial dosage becomes regulated to lieve, is what true acceptance looks like. An the point where it just doesn’t taste the same admission of difference in levels of assimias it used to. Whilst we should protect the lation to the dominant culture, followed by feelings of our brothers and sisters in a com- an acceptance of both, rather than a denial of munity, the way of life – what we can say, any difference at all. do or even think – of the majority shouldn’t change to mould the lives of a few. Rather, a One of my earliest race-related memories general understanding and acceptance of cul- was in the early years of primary school. tural and political difference, where political We were in a class discussion about healthy correctness is replaced by eating, with a food pyrathe ability to laugh at one- “i’m noT adVoCaTing for mid loudly presented on a self, will build a stronger, us To suddenly all Take placard. The topic of what more tolerant and progres- To The sTreeTs and use we ate for dinner came up. sive society.

Naturally, the generic pasta, eVery raCial slur in The steak and salads came up Book, howeVer...”

Growing up Asian in the from my mates. However, predominantly White Ausbefore I had my chance to tralian western suburbs of Perth, I under- speak, a boy next to me asked, “does your stood from an early age what it meant to be family eat dog stir fry?” Much of the class different; to have different skin and hair, to laughed, a few remained silent and pretendthink in different ways and to have parents ed to look disgusted, as they had obviously who lived different lives. Whilst other boys been taught to do. The teacher erupted in anwith their bowling-ball shoulders played ger, sending the boy to the principal’s office, footy and surfed, I found my talents in ten- throwing racial accusations at him in front nis, badminton and mathematics, the very of a group of eight-year-olds who probably activities at which my parents excelled. At didn’t even know what the word “racism” times, I was teased for these ‘girly’ or ‘nerdy’ even meant. I just sat there, stunned and siactivities, but rather than refute these claims lent, before the storm passed and the class bitterly, I chose the path of acceptance. It is was able to continue learning with one less a fact that those who pursue academia rath- ‘bigot’ in the room. In retrospect, I think er than contact sports are often less sociable what happened that day embodies how much with worse off physiques. There is no need of Western society reacts to the mention of to falsely deny this truism as much of the racial difference today, creating what is compublic today does. These stereotypes exist monly referred to as a ‘Trigger Culture’.

29

Others, often not of the minority being in- on the brink of spiralling into jeopardy. I, like sulted, will make extrapolations or inter- most global citizens, am equally disgusted by pretations of what is being said and throw the crass, hurtful and vile insults exclaimed accusations and condemnations due to fear by Trump throughout his campaign and priof being deemed a racist bystander. What or life. It is easily deducible however, that my friend said that day, although in a joking someone who has perhaps been falsely acmanner, had no malicious intent, yet he was cused of being a racist bigot a few too many condemned in such a way that suggested any times would see Trump not as a maniac, but mention or even curiosity about perturbing a man who is unafraid to speak his mind and elements of other cultures is innately racist. cower to the condemnations thrown at him.

It was a joke that brought laughter to some, This ‘silent majority’ were indeed silent, as whilst not disturbing me whatsoever. I’m not they didn’t want to face the judgement of advocating for us to suddenly all take to the their peers who had made “Trump supportstreets and use every racial slur in the book, er” and “Ku Klux Klan Member” synonyms however, the line between in a reflex reaction to what keeping everyone unhurt they deemed to be racism. and allowing free speech has “our oppression of free We now face the conseshifted so far to the side of speeCh...has BeCome less quence of being stuck the former that we forget that with a global superpower poliTiCised and more of a those we deem ‘victims’ in lead by an inexperienced soCial epidemiC.” these situations have the abiland reckless tycoon, not ity to decide whether or not because of corporate or they are offended, and stand outcast group support, but up if they feel that a phrase of bigotry has because of a nation tired of being oppressed been spoken. This is in itself ironically de- by the easily offended. meaning and somewhat dehumanising in an unnecessary attempt to interpret the feelings However, it is not just the sensitive West that and attitudes of another. needs to learn to take a joke, but rather an international issue that affects all people.

The attitude I express in this essay is not a One can look to the East and find China, the new one, but one that lies in the hearts of nation of my heritage, persecuting people many, as shown by the astounding result of for posting anti-government memes or jailthe 2016 US Presidential election. Setting ing activists such as Liu Xiaobo for practisaside Hillary Clinton’s tarnished reputation, ing free speech. Whilst this should be contypical Republican support patterns and con- demned, our oppression of free speech here spiracies about Russian intervention, the in the West has become something less politelection, as put by NBC’s Marie Whitaker, icised and more of a social epidemic. We can was won by the ‘silent majority’. The vast even look to Islamic terrorists and find the group of Americans with the view that left- example of the 2015 Charlie Hebdo attacks, wing, hyper-politically-correct attitudes had where the injuring of 23 and death of 12 been pushed too far, so much so that the live- arose from a reaction to a satirical magazine. lihood of the working class White man was Yes, it is undoubtedly true that there would 30

be those offended by their goofy depictions of Muhammad and secularist attitudes, but the satire was intended as a humorous critique rather than an attack, with a fatal mix of hypersensitivity and extremism resulting in the oppression of free speech.

They say that nowadays as our human physical environment becomes more sanitary, the immune systems of our children have become drastically weaker. In a similar way, as our attitudes become cleaner and more politically correct, we as a community become more susceptible to societal failure. I am a proud Australian-Chinese man. I am proud of the shape of my eyes, the colour of my skin and my cultural upbringing. However, if you’d like to make a joke, feel free to do so, and I will be the judge of how I feel. It is time we learn to accept that we are all different and unequal in many facets of life, and our diversity should be freely expressed by all, rather than reserved to the few who fall in the ‘right group’.

“if you’d like To make a Joke, feel free To do so, and i will Be The Judge of how i feel..”

31

noTes

This poem explores a ConneCTion To The land, and how indigenous and non-indigenous ausTralians ‘sink fooTprinTs’ inTo This anCienT land. aT The poem’s end, The elderly man This poem CenTres on ‘Joined Them’. how does This ConCepT of ConneCTion BoTh To The land, and To eaCh oTher manifesT in CurrenT indigenous and non-indigenous ausTralian relaTionships? is indigenous ausTralian CulTure losT, To Be found, or resoThink aBouT The language used in The poem; ‘misplaCed’, ‘Buried’, and ‘anoTher world’.

nanT in eVerday CulTure?

The imagery used in This poem is all naTural, There is no menTion of The man made, indusTry or urBan; is This poem Therefore, a CommenT on redisCoVering and or priVileging naTure? who is The VagaBond in This poem? why is he The poem’s Think aBouT how he is desCriBed; ‘BuTToned up’. whaT does he symBolise wiThin The Broader narraTiVe of uBirr?

CenTral figure?

32

uBirr

dusT made from Bones sTreTched ouT on a woollyBuTT covered canvas a vagaBond walked BuTToned up upon an inescapaBle landscape sinking fooTprinTs inTo an ancienT land he walked where many had gone Before BuT noT for Thousands of years sharp grass weeping handprinT leaves wondering creeks all differenT all The same he walked no one else was ever seen he never Talked only lisTened leichardTs and jacana kepT him company enough he walked never looking Back anoTher world unknown To oThers misplaced Buried founded millions of years ago

By The True owners of The land The BarefooT people The ones who shared Their sTories on The rocks accumulaTing TomBsTones a parT of This earTh given Back a land of wandering shadows he joined Them

33

By BeaTriCe harT

a luCky CounTry: a work in progress By daisy moore

34

noTes kon karapanagioTidis (Ceo and founder of The asylum seeker resourCe CenTre) Talks aT lengTh aBouT ‘CulTural nouVeau’, whiCh is The CulTural and poliTiCal Trends ThaT guide soCieTal ConCepTs of whaT iT means To Be ausTralian. who is, and is noT ausTralian. for example, pasT ‘waVes of immigraTion’ haVe seen The exTreme raCism and CulTural reJeCTion of inComing foreign groups. as wiTh islam, These foreign CulTures were perCeiVed as an ‘imaginary ThreaT.’ as a resulT, These CulTural groups Tend To migraTe in solidariTy, liVing proporTionaTely in Very similar suBurBs. ‘assimilaTed’ yeT in many ways sTill reJeCTed wiThin a dominanT ‘ausTralian’ disCourse. mulTiCulTuralism Then, is a proBlemaTiC Term wiThin an ausTralian ConTexT. does The ausTralian CulTural faBriC, enriChed By diVerse Cuisine, CulTural praCTiCe and populaTions merely appropriaTe CulTural differenCe? is our ‘mulTi-CulTuralism’ a TransaCTional relaTionship or does ausTralia Truly aCCommodaTe differenCe and aCCepT diVersiTy? key To This pieCe, is personal engagemenT. as wiTh leo’s ChiCken or fish? and The poem uBirr, a ConneCTion is made, and someThing is learned from self-eduCaTion. firsT essay

The ClassiC proVerB, Though CliChed, is appliCaBle; ‘don’T Judge a Book By iTs CoVer’. ausTralia’s CurrenT poliTiCal ClimaTe and media landsCape is saTuraTed By islamophoBiC senTimenT ThaT is effeCTiVely skewing puBliC opinion.

Taking iT upon oneself To quesTion This singularized media-represenTaTion, as This pieCe does, is exaCTly The Type of disCourse leo’s opening essay promoTes.

35

A

couple of months ago I visited the Bediuzzaman Said Central Mosque in Fitzroy; my first time in an Australian mosque. It is an unassuming suburban building which sits one street back from the vintage clothing stores and overflowing cafes on Brunswick Road. If you weren’t looking for it, you would probably miss it.

out again.

It is is hardly the image of radicalisation, separation and violence that one may expect.

I meet Khalid Bouden, who offers to tour me around. He ponders that he has never shown any of his non-Muslim friends into the mosque - “Most of them would never have even stepped foot in one, they only vaguely know I am Muslim”. He works in Fitzroy, Men and women file in and out of a small, and walks over to pray five times a day. He singular gate on the side of the building. The is a modest man with a thick Australian aconly marker that it is a place of worship is cent. Bouden’s parents moved from Lebanon an outdated sign. The fences are overgrown in the seventy’s and until he was fifteen, he with weeds and there is graffiti on the walls. didn’t speak any Arabic. “I didn’t see the point, until my mother told me I was the only Inside, the gender separaone in the family who didn’t. tion prayer rooms are lined I was too caught up in being with beautiful carpets, a teenager.” He remembers “rheToriC CenTres and Qur’an’s dot bookshortly after 9/11 his veiled around The ‘Clash of shelves around the room. CiVilisaTions’ BeTween The mother was attacked in the In between the two spaces, ‘easT’ and The ‘wesT’.” street, and sometimes in the men and women wash in supermarket they would be preparation for prayer. It told to fuck off. Bouden says is a quiet space, except for he was too young to undersome afternoons where rambunctious chil- stand, and hopes his children won’t have to dren bounce around while an imam struggles experience the same. to teach them phrases of Arabic from the Qur’an. Some of the teenage girls are wear- He writes “Salaam” (peace) in all of his ing headscarves, and some are not. emails to me and says he is very lucky to live here.

A woman inside scrolls Facebook and hurriedly eats a slice of lasagne from a tupper- If you look anywhere else, this is not the ware container. She is on her lunch break. image of Islam you will find. In the media, Two elderly men sit on plastic white seats Muslims are labelled as ‘pigs’ and ‘violent and put their shoes back, talking and laugh- extremists’ who ‘simply should not be here’. ing in Arabic. The gate is locked by the last Newspapers warn of ‘home-grown terrorism’ person in the mosque at night, and unlocked and the ‘enemies within’, encouraging ‘Ausby the first in the morning. Everyone knows tralians’ to keep a watchful eye on Muslim the code and it is untended to all day. Men, communities. Rhetoric centres around the women and children go in to pray, and come ‘clash of civilisations’ between the ‘East and 36

West’. Moral panic is urged over the apparently rising Muslim fertility rates. Politicians caution the threat of a ‘cultural takeover’.

put your wallet next to your beer and you’d be surrounded by people just like you”.

Huntley and Tiffen propose that politics has become concerned with stability, security and homogeneity.

In 2015 Geert Wilders launched the Australian Liberty Alliance, an anti-Islamic rightwing political party. Wilders is a charismatic They are right. Policy rhetoric in the media man with slicked back movie-star hair, who and by politicians is no longer about muloften speaks with his finger pointed angrily ticulturalism and diversity, it is about the at the ground, as if telling off small children. threat of the other. The Department of Immi“Islam is not a religion” he says, “its an ide- gration and Citizenship changed its name to ology... the ideology of a retarded culture”. the Department of Immigration and Border He vows to remove the “Moroccan scum” Protection. ‘We’ want to decide who belongs who “make the streets unsafe, and have no and who doesn’t. What we are seeing is a immigrants from Islamic countries”. Paul- wave of return to tradition and institution. ine Hanson says similar things. “We need This is not only occurring in Australia. Donto look seriously at instituting a moratorium ald Trump’s ‘Make America Great Again’ on immigration of Muslims and Brexit’s ‘Take Back to Australia, if you’re not Control’ are concerned with “oVer 60% of ausTral- returning to this perceived happy here then go back to where you came from.” In ian muslims haVe expe- ‘Golden Era’. rienCed raCism in The 2015, Hanson ran a ‘Fed workplaCe or seeking Up’ tour around Australia We are seeing these fears employmenT.” using a donated plane covplay out in society. In 2015, ered in Australia flag stickthe International Centre ers. “There is room for only for Muslim and non-Musone flag, one language, one loyalty and one lim Understanding released a report titled law.” These negative sentiments are every- ‘Islamophobia, Social Distance and Fear where. of Terrorism in Australia’ which surveyed one-thousand people. The report found that Rodney Tiffen has published a number of seventy percent of those surveyed had low papers on what he calls “Restorationism” levels of Islamophobia. Seventeen percent of in politics, or a return to populism. Restora- respondents agreed with the statement “just tionism, he says “is associated with a broader to be safe, it is important to stay away from image of restoration - an urge, often violent, places where Muslims could be.” In 2016, to recover a past that never was, a golden age an Essential Poll asked “Would you support of perfect harmony during which backward or oppose a ban on Muslim immigration to people were backward and superior people Australia?”. Forty-nine percent of respondsuperior”. In Still Lucky, Rebecca Huntley ents said they would “totally support” a ban records conversations that reflect this anxie- and one third of Australians believe Muslim ty - "once upon a time you could leave your Australians should be subject to higher levels door open”, and “you could go to the pub and of scrutiny over other religious groups. The 37

Challenging Racism Project data in 2017 reveals that over 60% of Australian Muslims have experienced racism in the workplace or when seeking employment.

These statistics only tell some of the story, but they do reveal a high level of anxiety in maintaining racial and cultural homogeneity in Australia.

Islam to integrate into the Australian cultural landscape whilst maintaining an individual identity and respect for its tradition.

My own experience of Islam has been incredibly positive. However this has relied on individual engagement with the culture, the doctrine and the people. Censorship of opinion should not be encouraged, and criticism of the faith remains integral to moving forward.

They suggest an emergence of a ‘cultural racism’, rather than a biological one, where Muslims are perceived as inferior, and their It is important to recognise that some parts cultural idiosyncrasies incompatible with of the Islamic doctrine remain vulnerable to Australian life. Dominant discourses assume violent interpretations. However this is the a singular experience of end of the spectrum, and the being Muslim and rather vast amount of Muslims fall than the onus being placed “Change musT Be gen- somewhere in the middle. on the individual, the col- eraTed from The inside, Does this mean we ought to lective Islamic tradition wiTh supporT from The be as suspicious as possible? takes responsibility for the The onus remains on all of ouTside.” actions of violent3 fundaus to reverse this powerfully mentalists. negative rhetoric which creates an “us” and a “them”. DiThese perspectives are dangerous, and Aus- alogue and education are key. Change must tralia is beginning to see the material results be generated from the inside, with support of Islamophobia. There is a rising phenome- from the outside. na of young Australian-born Muslims experiencing exclusion, becoming disenfranchised This should not be seen as a burden, but rathand being radicalised online. Negative rheto- er an opportunity for Australia to grow. We ric discourages civil and public engagement are the lucky country, and still we remain a due to fear and vulnerability, and the cycle work in progress. continues. Client Liaison sing, “this dodgy disaster of a culture, is it what we stand for?” We sing, “for those who come across the sea, we’ve boundless plains to share, and with People like Khalid Bouden are typical Aus- courage let us all combine, to advance Australian Muslims. His parents, children and tralia fair.” their children will, and have been an important and integral part of the social fabric of Australia. The Fitzroy Mosque, which co-exists peacefully among cafes, houses and trams is a symbol of the possibility for 38

UNTITLED

BY SAMUEL STRONG

a genTle warm-up Before The imgod is Bread,

pending fuTiliTy of

sam CapTures a fisher hard aT work. while we don’T know for sure, whaT looks efforTless in sam’s sTill, is proBaBly a Tough JoB and one ThaT may Barely proVide for whaTeVer family or life This farmer liVes.

BuT, in This assumpTion, we see The onseT of VolunT-ourism, whiCh is noTaBle in melena’s pieCe laTer in The Bulpadok. This is a man Viewed from afar, and while serene Blues sedaTe us as JessiCa’s essay may insinuaTe glass in a CourThouse does, The underCurrenT felT By us is noT ThaT of our suBJeCT here, BuT raTher a wider feeling of a phoTo preserVing ThaT whiCh we Can neVer fully appreCiaTe.

39

40

41

42

GOD IS BREAD

BY JOSEPH CARBONE

The piece poinTs aT a perceived fuTiliTy of exisTence, where everyone, everyThing and everywhere is noThing. iT’s sporadic presenTaTion can Be consTrued as a symBol for The randomness of exisTence

- or iTs lack - and has Been fun wiTh iTs freedom. This fun can Be seen in The many references iT makes. iTs TiTle an oBvious reference To nieTzsche’s quoTe ‘god is dead’. The Bread sTand-in is inherenTly a funny suBversion, and a dan Brown reference musT always Be accompanied wiTh a fisTfull of salT.

43

God Is Bread -and so is sex.

It’s true! From Friedrich’s mouth itself!

Or from his hand?

I don’t know. Maybe he wrote it, maybe he said it.

Either way, it’s true.

You know what else is b r e a d?

You.

And me. We’re all bread. Bread is matter, it makes up all of it. All. Of. It.

A Brown Dan. Twisted. Probably someone else’s joke first:

“Oh, hee-hee, ha-ha!”

“What’s the matter?”

“Why, everything’s the bread! Ha!” What else is bread?

-Kids with bum cancer -A brEAD knife. Lava-inducing -My rate of smiles per day.

But bread can be other stuff too, like: -that touch upon the arm from -the girl -the girl -Another girl -the girl

Bread can suck. It comes for us all. I still eat it.

44

45

UNTITLED

BY SAMUEL STRONG

chaos Breeds chaos. a perfecT follow-on from god is Bread’s messy page, we have a scene of flighT, of aTTempTed escape, each Bird flailing fuTile againsT The expecTaTions and similar reacTions of The oThers.

46

47

48

COLOUR-BLIND

BY LEO LI

49

noTes similar To god is Bread, leo here poinTs a finger Toward The fuTiliTy of an exisTenCe, Though he does iT Through The lens of war and Trans-naTional hosTiliTy.

his use of an aB aB rhyme sCheme and myriad halfrhyme momenTs lend The pieCe To TradiTional marChing Tunes, similar To Those sung in The wars of yore.

grim is The priCe of war, yeT in Times where pawns of a ChessBoard are Being presided oVer By a minoriTy of royalTy, This priCe Turns inTo a ‘waTer off a duCk’s BaCk’ siTuaTion.

hardly felT.

50

unleash The lead! leT loose The flood! upon The maCs we quake for whaT was milk is saffron Blood wiTh shrapnel Cereal flakes no dawn Begins wiThouT The red no dusk won'T Bend us oVer, eJaCulaTing morBid dread BeneaTh a Crimson CoVer men CrumBle like fine pasTries, slump inTo land ThaT Can’T Be BoughT This eVer-growing foeTid dump keeps samuel's noose foreVer TauT The family man proTeCTs his kin This damned doCTrine inside Tells me To sTaB and rape and sin, To Tear This wasTeland wide aparT, and leT The freedom ring! – upon The lesser man leT The grenadier Choir sing Their dirges To The damned leT The BayoneTs Be plunged in flesh ThaT Cried, ‘hypoCrisy!’

To leap forward, pranCe and lunge Towards a new ‘demoCraCy’ day By day, dawn By dawn, we mark names off The wreTChed slaTe as kings and Bishops waTCh Their pawns fall Two deCades Before CheCkmaTe no Vow, no pledge, no flag-sTained oaTh should Turn men on mankind for BreaTh and deaTh ouTrun us BoTh: The reaper’s Colour-Blind

51

UNTITLED

BY SAMUEL STRONG

an

inTeresTing piece, following from

leo’s col-

our-Blind we may see senseless devoTion in one monkey following his BreThren, BuT Before

an elusive life, one may inTerpreT The scene as The mosT innaTe sense of freedom. BuT, The quesTion ThaT is raised here is in regards To wheTher our reflex response is To follow or noT. is our freedom already seT in sTone?

predefined

or yeT To Be discovered?

clau-

dia’s essay may help answer These quesTions.

52

53

THE ELUSIVE LIFE

BY LACHLAN WOODS

54

NOTES

similar To sam’s preCeding phoTo, Things appear mosT BeauTiful and perfeCT when we run free, wiThouT Care.

laChie’s proTaganisT, By The

pieCe’s end, has Come To Terms wiTh his exisTenCe, and iTs ConTenT.

laChie’s pieCe is a 14 line shakespearean sonneT wiTh an aB aB rhyming sCheme and a VolTa-Turn inTo aa for The final rhyming CoupleT. in This use of The mosT TradiTional poeTiC formaT, laChie imBues a sense of Time gone By.

The allusion Towards an aCCepTanCe of our ColleCTiVe faTe is an inTeresTing poinT for laChie To end on. iT’s wiTh humBle appreCiaTion of our uniVerse’s parallels ThaT we moVe from The fuTiliTy of goals physiCally ouT of our reaCh on display in

uBirr, The fuTiliTy of war in Colour-Blind and The fuTiliTy of JusT aBouT eVeryThing in god is Bread ThaT laChie asserTs a noTion of genTle aCknowledgemenT.

55

“BORNE

from

The

same.”

56

The reViVed morning sTifles The sTale nighT; a single Caw saws The sigh of The windThe rumpled Breeze, silenCing The sTreeT lighTs, ThaT Bow Their heads, as The gusT resCinds. i resT my head on The deadened sidewalk, and gaze upon my ouTsTreTChed hand, empTy. fingerTips numB, Brushed wiTh grime and wiTh Chalk; The pasT is The pasT – BuT a memory. yeT in all aCCounTs, This life is The one, free To enJoy, whaT is ofTen dismissed; noT Chasing someThing, nor Chasing someone, The greaTesT Things in life are The simplesT; The sighT of The sTars, sofT dusTings of rain, remind ThaT we are all Borne from The same.

57

58

UNTITLED.

BY SAMUEL STRONG

The perfecT scene-seTTing for melena’s generaTion landslide. picTures of Those in need capTured By an ouTside hand. The symBol of volunT-ourism. The cynic can inTerpreT These images - as whaT melena’s work illusTraTes as a snapshoT inTo a life we do noT know, yeT appropriaTe Through a wesTern lens. The modernisT however, sees someThing differenT. This ‘snapshoT’, Bookmarked in Time To Be shared, liked, and commenTed on does have iTs place.

Though These images will have a superficial TransacTion wiTh many, They will siT deep wiTh a few. The challenge of melena’s poem Therefore, is To Transform This ‘few’ To a many: To alerT us To The difference BeTween a TokenisTic and proacTive engagemenT wiTh empaThy and how BesT To enacT change.

59

GENERATION LANDSLIDE

BY MELENA ATKINSON

60

noTes melena poinTs an aCCusaTory finger aT The laCk of help proVided wesTern world. The un holds a peaCe summiT, BuT noThing happens.

This is a sTory we’Ve heard many Times.

To Those in The mosT desperaTe need By The maJoriTy of The

whaT is The poinT of a sponsor Child we neVer see? To haVe The Card on The manTelpieCe and make us feel BeTTer aBouT ourselVes

melena deCides. saVing faCe in a plaCe where Children “make peaCe signs / when They’Ve neVer known war.”

is whaT

linked oBViously To The piCTures preCeding iT, generaTion landslide is felT in following works. ruhisha’s piCTures and Jess’s essay, for example, TouCh on The almosT-imperCepTiBle diVide BeTween whaT we Think we see, and whaT we may Be Choosing To ignore.

61

waTer cascading flooding draining

planTs feeding on The susTenance, needing To suck away The rain To regain Their hold. holding in place, rooTs keep The peace Till They don’T. small face dripping wiTh fear drip. drip. drip. help is near BuT noT here no, help is far away

Because arpaio,

merkel, harvey.

ThumBs up To The pain, while children make peace signs, when They`ve never known war. a Thousand paper cranes, no likes for sadako.

These sTories unTold, no likes for This page The kardashians don’T make us Think lip kiT full of waTer, sTill noThing To drink.

Because suffering doesn`T geT likes. drip. drip. drip. privilege a Terrifying word, ofTen unheard,

who Thinks aBouT The dripping Tap. “sending love” To Those wiThouT waTer while sierra leone cannoT hold iT Back. remove The Trees, To make paper, for signs To sTop The danger,

BuT who holds Back The waTer when The Trees are gone.

pieces of paper falling aparT againsT The flood perhaps a peace summiT will sTop The waTer or a wall of The dead. drip. drip. drip.

62

BuT who needs waTer when you have BoosT pay chariTy 5% of every cup equal To The 5-year-old who had To grow up, Too fasT, Too soon, BuT someone else’s proBlem. orphan, mummy and daddy died in a landslide generaTion landslide mud, rocks, waTer, silence only Tears To Be heard drip. drip. drip.

63

AFGHANI WOMEN AND HEALTHCARE

BY CATHERINE KIRBY

64

noTes kaTe’s essay proVides us wiTh The faCTs of poVerTy and people’s suffering. she giVes us a Cause, To whiCh - similar To whaT melena’s poem eVokes - The inTernaTional CommuniTy feigns a response of affirmaTiVe aCTion or empaThy. how do we, as a small CommuniTy aCT on This inequaliTy? women’s healThCare in ausTralia Too, laCks an ideal infrasTruCTure. The ausTralian healThCare model, as iT sTands, oBJeCTifies The female Body and silenCes iTs proCesses. goods and serViCes Tax, on female saniTary iTems, is illusTraTiVe of a way The The healThCare sysTem negaTes women’s needs.

women’s healTh is an inTernaTional issue. oVer half of The world’s populaTion are direCTly affeCTed. iT Therefore requires serious aTTenTion, espeCially when Considered in Terms of human righTs, as kaTe’s essay illuminaTes. women’s maTernal healThCare in afghanisTan is a miCro example of The failure of our human righTs doCTrine. where else, healThCare relaTed or oTherwise, is The inTernaTional CommuniTy deCiding “who is human enough To haVe Their righTs?”

65

F

atima Samadzal was a young Afghanistan’s people and government have woman from the village of begun the momentous task of rebuilding a Khosh Nazar in Uruzgan fractured and fragile nation.

Province in central Afghanistan; she was a daughter, Despite the challenging legacy of povera wife and a mother. After ty and violence, Afghanistan still endures. going into premature labour when she was Fatima’s death should not be considered thirty-four weeks pregnant with her fifth inevitable. By examining what the Afghan child, Fatima began to bleed profusely. Eight Ministry of Public Health has achieved since hours from the nearest hospital she tragi- 2002, areas of persistent neglect can be idencally died on her way to seek help. Should tified and improved upon. A comprehensive Fatima’s death ever be recorded, a death cer- system for antenatal care combined with tificate would likely state that she had died holistic preventative healthcare and empowof a haemorrhage. However, Fatima did not erment could be beneficial in protecting the just die from blood loss; her most marginalised mothers. death was also a product of “afTer going inTo pre- However, these aims for profound social injustice. an empowered and healthy maTure laBour...wiTh Fatima represents just one population are incompatible her fifTh Child, faTima... of the 400 maternal deaths with war and poverty. The [e]ighT hours from The international community that occur for every 100,000 live births in Afghanistan, nearesT hospiTal...died.” must acknowledge its duty this is one of the highest to aid Afghanistan’s peomaternal mortality ratios ple in their pursuit of peace worldwide.1 These deaths contribute to the and prosperity. These reforms are ambitious estimated 536,000 fatalities related to child- but also achievable, and there is the potenbirth and pregnancy that occur each year tial that in twenty years it will be possible to globally, ninety-nine per cent of these deaths guarantee all future mothers in Afghanistan are women in developing countries.2 the necessary support for safe pregnancy and childbirth.

Afghanistan’s strategic geopolitical position, nestled between central and southern Asia, The eight years of formal Taliban control in has exposed the land and its peoples to cen- Afghanistan from 1994-2002 had a deleteturies of violence. This long, tumultuous his- rious effect on the country’s health system tory has resulted in a population that is both and the diminishing access to healthcare religiously and ethnically diverse.3 Since the for women was particularly problematic.

Soviet invasion and occupation of 1979-89, Prescriptive Taliban ideology required all Afghanistan has been entrenched in perpet- women to be covered by a burqa whenever ual armed conflict. Civil war raged from they were outside their homes and also for1990-1996 and in 1994 the Taliban emerged bade any physical contact between men and as the new political and military authority, women outside of marriage.5 These doctrines governing with extreme repression and bru- severely limited the ability of doctors, who tality until 2002.4 It is from this context that were almost exclusively male, to adequately 66

examine or treat female patients.6

child healthcare.14

The Taliban authorities also required gender segregation for all medical professionals and patients.7 In the capital city Kabul, this policy resulted in the suspension of medical services for women in all but one hospital.8 Despite having been formally delineated as a post-conflict zone, some parts of Afghanistan and Pakistan continue to suffer from widespread Taliban insurgency, perpetuating both violence and these political impediments to healthcare.9

The BPHS has had some significant gains in improving healthcare outcomes and access.

However, these gains have not been experienced equally across Afghanistan and some communities remain without assistance. Nationwide, human resources are persistently scarce; there are only 7.5 nurses and midwives per 10,000 people and only 1.9 physicians.15 Furthermore, these skilled healthcare professionals are unevenly distributed and mostly clustered amongst the easily accessible urban populations.16 The Community Decades of conflict folHealth Workers Program lowed by eight years of was, in part, implemented to “There are 0.6 physi- alleviate this resource strain systematic and structural barriers to women’s health- Cians per 100,000 people and by 2014 the governcare resulted in a seeming- in [The] rural areas [of ment had trained more than ly insurmountable burden 26,000 CHWs, amounting afghanisTan.” of maternal morbidity and to 8.7 per 10,000 people.17 mortality. In 2002 when Overall health outcomes in the Taliban regime had Afghanistan have improved first been officially deposed, a woman of since the end of the Taliban regime, this is child-bearing age in Afghanistan had a one reflected by an increase in life expectancy in six chance of dying due to complications from 47 years in 2002 to 61 years in 2015.18 of pregnancy or childbirth.10 To put this into Yet, 76% of Afghanistan’s population live in perspective, in 2002 women of the same age rural areas and for these people CHWs are in Sweden only faced a one in 30,000 chance often the first and only contact they will have of maternal death.11 The task of rebuilding with the formal health system as there are Afghanistan’s health system is immense and only 0.6 physicians per 100,000 people in it is further complicated by political insta- these rural areas.19 bility, poverty, poor population health and ongoing violence, all of which are chronic A critical factor in Fatima’s death was that problems for post-conflict states.12 Howev- she received virtually no substantive healther, in 2003 the fledgling Afghan Ministry of care or support during her pregnancy or laPublic Health launched the Basic Package bour. Providing accessible antenatal care as of Health Services (BPHS).13 A component part of a comprehensive primary health care of this programme was the training and de- model is a crucial intervention for reducing ployment of volunteer Community Health maternal morbidity and mortality.20 FundaWorkers (CHWs) in rural areas in order to mentally, comprehensive primary health care improve access for maternal, neonatal and relies on strong integration within the health 67

system as a whole.21 This integration must be both vertical, with strong referral relationships between different levels of the health system, and horizontal, requiring multidisciplinary teams of health workers and practitioners.22

rural district of Ragh, which experienced an 84% reduction in maternal mortality ratio between 2002 and 2010.28

Comprehensive antenatal care also requires communities to have access to skilled birth attendants (SBA) such as nurses, midwives, It is worth noting that Akseer et al. have pro- physicians and obstetricians. The access that posed that 89% of maternal deaths could be women have to these medical professionals averted by 2025 if the coverage of all cur- can be severely restricted by an absence of rent intervention packages, including both communication and transport infrastructure, the BPHS and those of Non-Government such as safe roads.29 This is problematic as Organisations (NGOs), were to be scaled up the WHO recommends that all pregnant to 90%.23 This suggests that there is the nec- women have four antenatal visits, and more essary willingness and capacity for the chal- if recommended by their doctor or midwife.30 lenges of geography and scarcity to be ad- In Afghanistan the risk of maternal mortality dressed, it is primarily a question of how to increases with remoteness and in rural areas best achieve this expansion. very few women give birth with a skilled birth attenThe geographical remote- “oBsTeTriC haemorrhage dant present.31 In these arness of Fatima’s village is The mosT Common Cause eas the maternal mortality did exacerbate her isolation of maTernal morBidiTy ratio is as high as 1600 per from potentially life-sav100,000 live births.32 Espeworldwide.” ing health care, but this cially in areas that experiisolation could have been ence frequent Taliban insurmitigated by the implementation of a com- gency, the religious and ideological barriers munity-based primary health care program. to women accessing healthcare still prevent Structural flaws and political nepotism have women from attending health clinics to acresulted in a total absence of primary health cess secondary care.33 One method of allevicare services for approximately 40% of Af- ating these cultural barriers has been the creghanistan’s rural population.24 The World ation of a partnership between several NGO Health Organization (WHO) has nominated health projects, which has sponsored a group these places as ‘white areas’, reflecting not of female obstetricians from Italy to work in only this absence of health care, but also the these areas in attempt to assuage the cultural lack of census data to determine who is ac- taboo of contact between men and women.34 tually in need of what care.25, 26 Where more formal primary health care programs have Even after receiving quality antenatal care so significantly neglected remote popula- and ensuring access to SBA’s, life-threattions, CHWs can have an instrumental role ening pregnancy and labour complications in supporting communities.27 An example can occur, such as the severe bleeding that of the successful deployment of this CHW Fatima experienced. Obstetric haemorrhage approach in Afghanistan can be seen in the is the most common cause of maternal mor68

bidity worldwide, and the treatment almost always requires an expedient Caesarean section.35 As further blood loss during surgery is likely, cross-matched blood products must be made available in preparation.36 This level of supply chain management can be very difficult in regions of Afghanistan where armed conflict and injury are still common.

Nutrition-centric interventions before and during pregnancy can both treat and prevent anaemia by using short courses of iron supplementation.43 However, these approaches for improving nutrition have been criticised for their short-term timeframe.44 A more enduring approach, involving the fortification of agricultural products has already been implemented in some rural areas of southern Afghanistan.45 The World Food Programme established a system of fortifying wheat flour at the milling stage and it has been successful in its current, small, scale in increasing iron consumption across entire communities.46

At the general hospital in Tarin Kwot, Uruzgan province, these difficulties have been overcome by taking blood from women’s relatives when they first arrive with her at the hospital.37 This treatment also requires the capacity for tertiary-level in-patient care.38 Another imperative for providing adequate This form of healthcare can only be useful preventative healthcare for mothers in Afif it is administered in a way ghanistan is the expansion deemed acceptable by the “aT a household leVel of family planning services community it serves, and in afghanisTan, husBands and contraception. The total in-patient care for women haVe ConsideraBly greaT- fertility rate, which is the can be particularly conten- er agenCy Compared To average number of children tious for some conservative Their wiVes in reproduC- a woman gives birth to, is Islamic societies.39 5.1 in Afghanistan.47 This is Tion deCision-making.”

Whilst good antenatal care more than double the globis evidently indispensible al average of 2.5, and this for reducing maternal mortality, the largest high birth rate has a significant influence on gains in maternal health could actually be the country’s high maternal mortality.48 Less made before conception. Some of the fac- than one fifth of women presenting with sigtors that ultimately led to Fatima’s death nificant obstetric complications in hospitals probably started before she even conceived. in Afghanistan have ever accessed any form A common element in many cases of ante of contraception.49 Lowering the fertility rate or post partum haemorrhage is a history of for Afghan women and implementing birth anaemia during pregnancy.40 Anaemia is a spacing aims of three to five years could condition where a person has a deficiency significantly improve maternal health outof red blood cells or haemoglobin; it is often comes.50 At a household level in Afghanistan, a result of chronic malnutrition, especially husbands have considerably greater agency amongst women from developing coun- compared to their wives in reproduction detries.41 Anaemia during pregnancy increases cision-making.51 Where these socio-cultural the likelihood of bleeding but also means that gender barriers to contraception have been even a small amount of blood loss can have incorporated into family planning education severe consequences for a mother’s health.42 programmes, access to and use of contracep69

tion has increased.52 In the ‘Rural Expansion of Afghanistan’s Community-based Health care’ program, educating men about common contraception misinterpretations was crucial in increasing the support they gave their wives when attempting birth spacing practices.53

for child marriage is education. Government funding, policies and surveillance for compulsory school attendance is the most effective protective measure.60 Where girls have been able to access such investments into education there has also been a significant improvement in women’s economic empowerment. Unfortunately, such opportunities remain too infrequent and price-exclusive to benefit most of Afghanistan’s girls.61

Success in these improvements all depends on improving the social and economic status of women in Afghanistan, and this must be considered a fundamental objective for any Most cases of maternal death are avoidable; maternal health improvement intervention. this is manifest in the much lower incidence Globally, gender inequality has become in- of maternal mortality in countries with greatcreasingly recognised as a significant limita- er economic development and better access tion for development, and Afghanistan is no to quality health resources. Afghanistan exception. Afghanistan ranks a high 154/188 lacks these economic and resource advantagon the United Nation’s Dees and the cost of scaling up velopment Programme’s the BPHS programme is too “‘if aCCess To healTh immense for the country’s Gender Inequality Index.54 This high ranking can be Care is Considered a hu- fragile economy.62 Howexplained, in part, by the man righT, who is Con- ever, when viewed from persistent perception that sidered human enough To a global scale it is evident haVe ThaT righT?’” the primary role of women that the medications, policy, in society is for child bearand healthcare solutions for ing.55 Gender inequality has reducing maternal morbidi63 a detrimental impact on the status of women ty exist. Mortality is therefore a result of in Afghan society; this also extends to fe- barriers preventing people from accessing male children who are still frequently sub- these resources.64 This disparity between jected to child marriage.56 The most com- what humankind has the potential to achieve mon age for child marriage in Afghanistan compared to what it has actually achieved is fifteen, this is the age Fatima was when illustrates that Fatima is not a victim of bishe married, but some girls are married at as omedical tragedy, but of structural violence. young as eight years old.57 As a consequence There is an emerging trend towards taking a of child marriage, the adolescent birth rate is human rights approach to health care. This high in Afghanistan at 74 per 1,000 women approach will require greater commitment to aged between fifteen and nineteen.58 These improving access to healthcare across many young mothers, and their babies, are more different political and economic scales.65 likely to die than those aged twenty or older, Paul Farmer, a physician and an anthropolthis is because they are not yet physically or ogist, has cogently expressed this dilemma emotionally prepared for pregnancy, birth or in his question “if access to health care is motherhood.59 A key method of prevention considered a human right, who is considered 70

human enough to have that right?”.66

conflict does often result directly in physical injury and fatalities it is actually the indirect consequences of warfare that pose the greatest threat to population health.72 Deterioration in health outcomes is often the result of disruptions to supply chains that leave clinics without essential supplies such as vaccines or medication.73 This is further compounded by endemic disease and damage to health infrastructure, which is often accompanied by looting of supplies.74 It is a common misconception in global politics that the formal end of a war is followed by peace; in reality, deadly violence often persists long after official peace agreements have been signed.75 The pursuits of war and public health are profoundly incompatible; to meaningfully fulfil one requires the fundamental cessation of the other.76

A successful transition to a rights-based approach to healthcare in Afghanistan, where all women receive the necessary support to safely bear their children, will require significant international backing. Potentially the most contentious challenge in implementing this approach will be international recognition that transition will not be possible without fundamental changes to trade rules.

Many of the obstacles to accessing medications and health services stem from legal barriers enforced through patent laws and trade agreements.67 These regulations have been designed for the benefit of neoliberal, hegemonic powers rather than the global poor.68 Current international funding and its uses for maternal health will also need to be reassessed to ade- “afghanisTan’s puBliC quately target the most mar- healTh sysTem has Been In many respects, Fatima’s fraCTured By war.” ginalised mothers.69 This death can be considered a funding is likely to be more tragic but indirect result of effective if it is channelled Afghanistan’s violent histhrough NGO projects, as it tory. It is not possible for is less likely to be encumbered by politically the governments, organisations, communimotivated discrimination.70 However, over ties and individuals of today to change this the last decade in Afghanistan the presence history, but we do all have an obligation to of NGOs has, to some extent, exacerbat- act now, in the present, to improve future ed instability in the health system. Conflict maternal health outcomes. Afghanistan’s and security within Afghan communities public health system has been fractured by has consistently worsened when NGOs have war, but government initiatives such as the lost funding, changed their priorities or left BPHS have improved health outcomes withcommunities at the end of three-to-five-year in the, albeit few, communities the program contracts.71 has reached. Comprehensively addressing maternal mortality will require the introducArmed conflict has proved to be the single tion of an equally comprehensive communimost significant barrier to improving health ty-based antenatal healthcare program. This in Afghanistan, and despite a history of in- must be supported by wide-reaching preternational intervention, it has been the most ventative measures to improve reproductive difficult obstacle to overcome. Whilst armed health, nutrition, and gender equality. The 71

most effective solution for improving maternal health in Afghanistan is also the one most difficult to achieve, yet if health is to be brought to the treaty table, all armed conflict must cease. These resolutions are ambitious and they will require wholehearted support at a local, national and global scale. This may prove beyond the scope of political realism.

Nevertheless, if the international community is serious about reducing maternal mortality, these challenges must be accepted as an ethical duty for human rights. The goal must be to ensure that every Fatima Samadzal of the future, whomever and wherever she is, will live to raise her children.

72

“whomeVer and whereVer she is, will liVe To raise her Children.”

73

noTes Two images By ruhisha, and Two ideas creaTed By Their organisaTion on The page coalesce. inTerpreTed wiThin The conTexT of The Bulpadok, These images succeed caTherine kirBy’s essay and precede jessica grills’ essay. BoTh essays underscore a dissimiliTude - To differenT exTenTs - BeTween image and realiTy. ruhisha's images serve To visually esTaBlish an idealised image of realiTy and a confronTing TruTh.

Blurred,

disTanced

and vasT, The landscape privileges a naTural BeauTy.

The

second image is a modern TruTh of displacemenT,

which is ofTen concealed or ignored.

BeTween

The

chasm of dispariTy operaTing wiThin These Two images lies The

‘cenTral’

realiTy.

an

admission To The facT

ThaT our socieTy, in BoTh percepTion and realiTy, is a

“a BiT of BoTh” quoTed from ‘chicken or fish?’ By leo li.

work in progress is The key To finding

74

UNTITLED

75

By ruhisha suBramaniam

image

76

realiTy

77

THE ROLE OF COURT ARCHITECTURE IN OUR JUSTICE SYSTEM

BY JESSICA GRILLS

noTes following on from ruhisha’s pieces ThaT demonsTraTe

The

differences

BeTween

life’s illusions and iTs realiTies, jessica’s piece - which concerns The visiBiliTy of The

ausTralian

courTs and Their facade-like

appearance

- fiTs in quiTe well.

as a commenTary on The various inTerpreTaTions of courT archiTecTure, The focus on glass’ aBiliTy To Be BoTh TransparenT and resTricTing is emBlemaTic of ThaT space in-BeTween Two desTinaTions where a

also,

work in progress lies.

in looking Towards

leo’s

piece

regarding The perceived dip in modern young-ausTralian’s academic aBiliTies, iT is inTeresTing To hear argumenTs ThaT promoTe a simplificaTion of The legal sysTem.

78

T

he Law functions to con- and close off its proceedings from the generstruct a narrative of meaning al public. The mutually exclusive nature of that reflects societal under- authority and equality in the courtroom does standings of the values that not necessarily render the aims of open court it should embody. It is there- architecture futile, but rather it is essential fore essential that the princi- that legal architecture reflects “the tension ples of justice and democracy are exempli- between opacity and transparency”6, in order fied by every element of the legal system, for the law to retain the “authority and legitincluding the architecture through which it imacy”7 through which it produces meaning. actively functions. Courthouse design and its architectural vernacular is a visual language In order to understand the significance of through which justice is “symbolized”1 in the visual language of modern legal archiorder to physically manifest modern under- tecture, it is important to examine how Ausstandings of “democratic norms”2. Changes tralian Courts have historically transitioned in court architecture throughout legal histo- from a style of courtroom and architectural ry demonstrate the significant role that the vernacular that was inherent of its British visual image of the law plays in contempo- colonial past. Courtrooms were traditionally regal and “geometr(ically) rary understandings of its relentless”8 spaces that regnormative function. In the ularly employed majestic 21st century the principle of “undersTanding ThaT “references”9 such as reli“Open Justice”3 has become widely regarded as essential auThoriTy was BesT legiT- gious imagery in artworks to obtaining “contemporary imized Through inTimida- within the courtroom and Tion.” expensive wooden interiors. aspirations”4 of justice, as This occurred as a means of it ensures that the legal sysclearly “reinforc(ing) hiertem is accessible and held 10 archy” symbolically in order to denote the accountable. “divine”11 power of the law.

Despite a transition to more transparent forms of design, the courthouse still remains As an additional means of denoting powan opaque and segregated space, as the pub- er, courtrooms were traditionally “purpose lic’s preoccupation with ensuring that justice built”12 in a way that placed emphasis on is “seen to be done” has resulted in a greater “major embolic gestures”13 that were “moemphasis being placed on “the appearance tivated by a desire to instil fear”14 in order of impartiality” than the actual principle to visually create “power through architecof transparency5. Modern court design can ture”15, indicative of the understanding that function to limit the prevalence of open jus- authority was best legitimized through intice through employing glass structures that timidation. Methods such as situating the function to segregate and control participants judge in an “isolated, esteemed space”16 in the courthouse, architecture that produces were used to symbolize social hierarchy. a sedative effect on courtroom participants The courtroom was separated into different and the court’s capacity to compartmentalise levels in order to facilitate the “degradation 79

of defendants”17 through placing them below the judge and jury to symbolize their marginalized status, a technique that has been minimized in modern court design, as it undermines the presumption of innocence. The court also traditionally functioned to make the public feel inferior by embodying an evidently complex structure that created an alienating experience for its users.

that is “Australian in concept and materials”24 has been used to signify a departure from colonial legal values that had the tendency to contradict open justice.

Modern legal architecture seeks to reflect both an elimination of hierarchy and appearance of transparency, which suggests that all “have access to the public venues provided by the courts”25. This has been achieved through various symbolic measures that have been used to reflect the “transparency of democracy” through designs that incorporate glass, as it is seen as “evidence of the law’s accessibility and transparency” because it “renders courts open to public scrutiny”26.

To a certain extent colonial understandings of the function of the court are still evident, particularly in the Supreme Court in Melbourne, which has been described as “a nineteenth-century building” that “could be at home on the streets of London”18. The building creates a sense of solidity and spatial intimidation that exudes Although the norms surgrandness in order to assert rounding the physical mana “powerful sense of juifestation of justice have dicial authority”19. Whilst “The CourT TradiTionally changed, there are persisting modern court design indi- funCTioned To make The “requirements for segregapuBliC feel inferior.” cates a departure from the tion and security”27 within notion that intimidation is the legal system that suggest a “form of legitimation of “the quest for private zones authority”20, the value of the within the court was not just authority to the law continues to be reflected, a Victorian fetish”28. The emergence of open however open justice restricts it to occurring justice has not removed the need for segrein a more understated manner. gation techniques within the courthouse but has rather ensured that they must exist in Modern court architecture seeks to mitigate more subtle and “contemporary”29 ways so the extremities of traditional social hierarchy that the law can continue to “inwardly and and separation by “visually express(ing)”21 persistently seek the security of authority” the principle of open justice as a fundamental whilst “outwardly” “legitimating” the “funcaspect of the fair functioning of the legal sys- tion of consent and a human personality” 30. tem. In order to signify that “the organisation Whilst this paradox acts to create a tension of society has moved from one of feudalism that allows court design to “reflect the seto one of representative democracy”22, court riousness and promote the dignity of court architecture rejects “traditions marking the proceedings”31 it also highlights how modern isolation and grandeur of justice” as they “no court design is a manipulative façade for the longer fit contemporary commitments”23 to principle of transparency. open justice. The incorporation of a design 80

Whilst modern court design may appear to Whilst “glass designs suggest” an increase facilitate greater transparency, it can also be in the “accessibility” of the legal system, understood as an indicator of the court’s ten- it’s implementation may in fact allow the dency to inhabit a landscape of architectural courts to “govern the movement of people”42 contradictions though “architectural practic- even more extensively than in the past. The es which emphasise ‘openness’ and a flow of “opaque transparency”43 that glass strucmovement”32, but actually function to seg- tures offers can be employed by the courts regate and control participants of the court- as a means of controlling its subjects withhouse. Contemporary court design places a out their knowledge. Methods of segregation heavy emphasis on the use of glass, as it is are able to flourish when the appearance of widely recognised for its ability to mitigate transparency leads the public to believe that the “dichotomization” between “public and the courts are accessible. private spaces”33 and symbolize accessibility though “expressing justice’s solemnity, It is however also important to consider the transparency, and openness”34. However, legitimacy of methods of segregation that enmerely “equating glass with access to justice able the law to retain its authority. The comis simplistic”35 as it can also be used to create plete openness of court design would pose a “syncopated façade”36 in a threat to the law because the courthouse, as it permits it would render it “architec“complex circulation pat- “The implemenTaTion [of turally silent” which may terns”37 of passageways that glass sTruCTures] may in permit the “erosion of legal segregate participants of the faCT allow The CourTs To symbolism” which would courthouse under the guise ‘goVern The moVemenT of “threaten the very foundaof transparency. tions of the legal system”44. people’.”

Whilst the regulation of the The County Court in Melparticipants of the courtbourne exemplifies how glass walkways can house may be seen as an illustration of the be used to“make the administrative aspects court’s “fear of the public as volatile”, it can of the court visible to the public”38 whilst also be necessary to “control the public in simultaneously “block(ing) and distancing order to “contain emotion, noise and movethe observer”39 through methods of “separa- ment”45 in order to ensure that legal proceedtion and compartmentalization40. Walkways ings occur securely and justly. in the building replicate the laneways of the Melbourne CBD, which makes the court ap- The “detailed manipulation”46 of glass strucpear approachable as it is represented as part tures in modern court architecture indicates of the city rather than as a secular institution. that the law’s obligation to reflect practices Although this structure is transparent in ap- of open justice has not removed its ability to pearance, it actually functions as a complex physically “exercise power” but has merely system of segregated circulation routes, with restricted the courts to using “sophisticat“separate passageways for judges, the pub- ed forms of segregation”47. Segmentation lic, and detainees”41. “practices in the courthouse continue to be rooted in a discourse of difference”48 that 81

renders the courts a “largely secret place”49, which contradicts their commitment to the practice of open justice. The “canalisation of circulation” and regulation “of users of the courthouse” can be seen as a limitation to the prevalence of open justice because it can be understood as “inappropriate in a modern democracy”50. However, it functions to satisfying the inescapable “requirement for the spatial segregation of different user networks within the building”51 in a way that strives to simultaneously embody open justice.

justice through permitting the fluid functioning of the legal process, it also functions as a means of control. These architectural features allow the court to exercise its authority by tranquilizing courtroom participants into “docile bodies”56 that can be sedated into passive compliance. This indicates that the law can actually employ notions associated with open justice as tools of control, which undermines the principle of transparency.

The court’s overriding ability to use its discretion to determine when the courts should The use of glass structures in the courthouse be closed is a significant way that the law act demonstrates how architecture and its ver- acts to undermine the principle of open jusnacular can be employed to construct the tice. The concept of having separate courts law’s identity as a force that is just, but fun- for particular types of cases conflicts with the damentally authoritative. principles of equality and The way that glass is used to consistency that are integral make legal participants feel “puBliC disClosure of to open justice and thus arsafe yet not constricted not some Trials Can aCTually ticulates the limitations creonly identifies the imporated by the dichotomy that Jeopardize The aBiliTy tance of striking a balance exists between security and for JusTiCe To preVail.” between security and accesaccessibility. sibility, but also that court Courtrooms are designed in architecture must function a way that is both similar to to mediate the rigor of the legal process in its traditional style and consistent between order to “inspire confidence”52 in the law. courts in order to signify that the law retains its historical authority because it is applied Designing courts that are calming and even consistently. If the “Homogenization”57 of tranquil spaces has been identified as im- design between courts is an important elportant to the principle of open justice, as ement of open justice, then the segmentait allows courtroom participants to feel pro- tion of courts such as the Children’s Courts, tected, as well as creating a sense of secu- contradicts the principle of open justice as it rity. Modern court design acknowledges indicates “undue fragmentation”58 of the le“the importance of the recuperative effects gal system. However, “it is hard to see how of gardens and fresh air”53 and thus incor- architecture can address”59 such a problem, porates “imagery of vegetation as well as as these cases are of such a “highly determindisplays of water; the invocations of nature” istic”60 nature. with the aim of conveying “a sense of serenity”54. Whilst these features of “justice Open justice requires that the legal system architecture”55 allow the prevalence of open should operate on the principle that “cov82

ertness is the exception and openness the understood as open nor closed, but rather rule”61. However, the private nature of spe- restrictive. It is important to acknowledge cific genres of cases undermines this princi- the changing notions about who needs to ple, as it indicates that public disclosure of be protected in a trial”67 as well as instances some trials can actually jeopardize the ability in which justice is still able to prevail even for justice to prevail. The principle of open when the courts are closed. Therefore, modjustice invites debate around “the legitima- ern legal architecture articulates the limitacy”62 of separating the courts into different tions of open justice by acting as a physical categories such as the Children’s Courts and manifestation of the law’s selective and cenclosing off particular types of cases from the sored nature, features that are ultimately inpublic, such as those concerning sexual as- separable from its inherent authority. sault and other matters “cabined as private”63.

Such cases privilege the “civil liberties of the Examining the intentions of modern legal defendant” over “the importance of publicity architecture has identified that “contempoin the trial”64 by closing the courts in order rary court architecture is about effect”68 and to allow justice to prevail. This highlights thus creating the appearance of transparenthe tension between the law’s obligation to cy is of greater importance to the law than provide protection to its citthe active presence of open izens and access to its projustice. Despite advances cesses, which is a challenge “modern CourT arChi- in the accessibility of archifor the principle of open tecture, the courts remain TeCTure Can also Be justice because it forces the a segregating space, which undersTood as a Visual law to confront “the comrenders both the public and language.” plexities and contradictions the participants in legal pro65 of justice” as it seeks to ceedings passive and maruphold its obligation to both ginalized from active particphysically and metaphorically protect its ipation in the law. subjects.

Whilst this can be viewed as a limitation of The court’s ability to use its discretion to open justice, modern court architecture can close off its proceedings is essential for jus- also be understood as a visual language that tice to prevail in particular circumstances. has been designed to enable the law to retain These include cases in which “the harms of its authority in an impartial manner that defalse accusations are substantial” as “public- mands respect, which creates order in the leity can be fuel for punishment as well as a gal system. Architecture is able to justify the mode of punishment”. In addition, the open- tension between the authority and accountaness of the courts may limit the prevalence bility of the law, which is necessary in order of justice in instances where it “may leave for the legal system to project its purpose and persons called as witnesses inappropriately create a narrative of meaning. vulnerable”66.

Ultimately, access to the law can be neither 83

MAN.

MAN.

BY KATHERINE ROCHE

BY SAMUEL STRONG

84

NOTES

BY SAMUEL STRONG

samuel’s image was Taken in Jaipur. The man’s name is Varinda. kaTherine’s drawing is of an unnamed man. These Two images when Considered TogeTher furTher esTaBlish a relaTionship BeTween illusion (kaTherine’s skeTCh) and realiTy (samuel’s image).

more

perTinenT howeVer, is whaT These Two men represenT. Varinda emerges as symBoliC of The easT. whilsT The illusTraTion imBues ConnoTaTions of The wesT. The Two men, poinT in differenT direCTions, whiCh reifies Their inTrinsiC differenCe. and as Claudia’s essay highlighTs, Their inCompaTiBiliTy wiThin The ConTexT of human righTs.

and, as The following essay By leo li quesTions, wesTern ideas on eduCaTion CurrenTly hold asCendenCy, BuT should This Be The way? Before reading The essay, perhaps Think of Varinda who was a Bus driVer on sam’s TraVels, in ConTrasT To kaTherine’s drawing of an [imaginary] sTrong and sTridenT young man.

85

86

87

88

89

noTes

leo’s firsT essay, The opening Bulpadok, illuminaTes

pieCe in The

The diChoTomous soCieTy wiThin whiCh our media and poliTiCal landsCapes operaTe.

paradoxiCal-

ly, in This essay he uses a diChoTomy To explore his quesTion on how and whaT The eduCaTion sysTem should priVilege.

he draws ‘easT and wesT’ (ChiCken or fish?) To Talk aBouT a uniVersal TopiC. a Binary image of The

he uses The diChoTomy howeVer, To effeCT. his argumenT is surmounTed on faCTs and sTaTisTiCs. noT, as his firsT pieCe warns, The CurrenT inalienaBle Trope of fake news and poliTiCal spin.

Thus, he

makes good on his word, To quoTe,

“exerCise diplomaCy and deBaTe” and haVe a ConsTruCTiVe ConVersaTion aBouT eduCaTion, as a work in progress.

indeed, This essay illuminaTes The need for a refreshed perspeCTiVe and prioriTy on eduCaTion. whaT is his Call To aCTion?

BuT how

do we inVerT The soCial Binary ThaT CurrenTly priVileges hard work oVer TalenT?

or how do we, laChlan woods wriTes, realise we are “all Borne from The same”.

as

90

pressure

poVerTy

proCrasTinaTion 91

By leo li

W

hen we think of the ranked the highest, just managing to sneak most important in- past Norway. This eliminates the often-proventions of all time, posed idea that Australians are not given we often consider enough of an opportunity or sufficient access fire, the wheel, the to quality education. steam engine or other rudimentary, tangible things. However, I Our education crisis is not purely an economhold the opinion that the greatest creation is ic, geographic or political issue, but rather a not one we can touch, but rather a system de- social and cultural one. Perhaps this conveloped by the likes of the Ancient Greeks, clusion is biased, but I’d like to share some Egyptians and Chinese. I, of course, speak of personal anecdotes. My father, one of my organised education. It has built and broken biggest inspirations, was born to a family of civilisations, indicative of its power, and is at peasants in rural China during the Cultural the basis of all we see around us. However, Revolution. Both of his parents are borderdespite the undisputed influence education line illiterate to this day and were heavily has on our lives, it seems nowadays Austral- malnourished during his childhood, as was ian society bears a culture where other facets the norm at the time. The family could only of life such as instant gratifiafford a weekly ration of cation or physical advancemeat smaller than an avment have taken a higher erage restaurant steak, priority, whilst education, “eduCaTion, aBoVe all, yet, when Dad was going the older, ‘less cool’ brother, through high school, every was The lifeBlood of The has taken a back foot. This, last morsel of this meat was Child.”

I believe, has been a major his. Ridden by guilt, he tried cause to both our education to persuade his parents to alstandards and results plumlow him to share with them meting compared to both or his younger siblings, but Asian and European developed nations, and they forced the little nutrition they had into something needs to be done. their learning son, as he was the educated student of the family, and education, above Firstly, as I’m sure many of us are aware, all, was the lifeblood of the child. He tells a recent UNICEF study found Australia me this sacrifice is nothing compared to that ranked 39 out of 41 of the most developed of his friends, one of whom was only able to nations on the planet, with only 70% of attend school because his mother periodicalhigh-school aged students achieving the bare ly siphoned blood out of her leg with a dirty minimum education standards in literacy and syringe and sold it on the black market to numeracy. This is compared to Finland with support her son. Whilst this situation indeed 99.8% and South Korea with 99%, prime reflects on the horrors of the Cultural Revrepresentatives for the European and Asian olution, it shows the sheer value placed by continents. For a nation ranked second in their parents in education. The two friends UNICEF’s Human Development Index after naturally both felt compelled to work hard Norway, Australia seems to bear some par- for hours on end, slogging out their equaadoxical statistics. This paradox is further tions on dirty industrial floors, as their famipushed when we look at the mean years of ly couldn’t afford tables. Both carried along schooling per country where Australia is with them a culture of valuing education, 92

borne from their parents, and subsequently attained scholarships to universities in larger cities and more developed nations, showing how a cultural influence can allow the doors of opportunity to fly open.

sleep simply to gain the edge over others in what is a highly competitive system. This, admittedly, is not just due to residual habits, but also driven by the limited spots available at leading universities and what we as the West would deem heavily underpaid laContrast this now to the education situation bour. Slacking off doesn’t just mean a slightin low socioeconomic areas of Australia. We ly lower ATAR, but could be the difference as a nation go out of our way, by means of between a life of economic security and one free school busses, needs-based scholarships of constant toil and hardship. There is no and rural facilities, to provide opportuni- room for procrastination, Facebook or Netties for students at an unfair disadvantage. flix. Although this appears extreme, could it Though undoubtedly the deficit in relation- be the case that us Australians have it wrong ship to the majority of our students is nev- when we allow electricians and plumbers to er quite made up, there are still light-years charge nearly double that of the average lawbetween this and the suffering of students in yer, whilst third world countries have such third world countries such as my father. Our tradies making less than a poverty is not one by the gefifth of our minimum wage? neric definition, but rather a “iT is noT The money, Do we have it wrong in that cultural poverty that infects a student can cruise through an entire nation, stretch- poliCy or infasTruCTure high school with little to ing far beyond that of any ThaT we laCk, BuT raTher no work, flunk their VCE plague in the East. a CulTure...” exams and make their way into a universitwwy ranked If we look at China today, in the World top 50 by although the social situation of poverty is means of a bridging programme? In a way, less severe for most, theculture of hard work the pressure we see on students from the East with regards to education remains. A 2013 or even more populated Western countries is experiment by the New York Times showed very much analogous to evolutionary presthat when asked, “Which students get A sures we see in biology, where the risk of grades?”, the most common response in a detriment promotes improvement, or in the US survey was “the smart kids”, whereas case of education, a more hardworking stuin South Korea, China and Singapore, (the dent. Some may view such a society as elitist three Asian nations with the highest UN and borderline dystopic, but it is indisputable Education Indexes), the common response by aforementioned statistics that selection was “the kids who work the hardest”. This pressures would likely draw results. shows an innate, perhaps Asiatic, attitude in valuing hard work over talent that, although Another contributing factor to Australia’s espoused in Western society, is not often ob- education issue is the lack of social and ecoservable in the complacent younger genera- nomic support for our teachers, which may tions. High school students not only in sen- result from a lack of the respect the occupaior but also junior years will go days without tion deserves. As Australians, when we think 93

of successful careers it is medicine, law or finance that come to mind. Subsequently, these university courses become the most difficult to get into, and encompass 45 of the top 50 highest paying jobs, according to the Australian Financial Review.

teachers the respect they deserve, for as the African proverb goes, “it takes a whole village to raise a child.”

A Bachelor of Education, on the other hand, often has no or a low ATAR entry requirement, and doesn’t make the list with an average wage of $61,000. This, I believe, arises due to an immense lack of respect for teachers. Whilst we are often quick to dismiss them as ‘regurgitators’ of low-level knowledge, many European countries are inclined to (rather romantically) view them as the vital nourishers of the nation’s future, with Finland and Luxembourg considering teachers amongst the social elite, providing average salaries well into the six-figure range to those who pass a far more rigorous and sought-after university course. Subsequently, we see these two countries consistently rank amongst the highest in numeracy, literacy and attendance at both a primary and high school level. Hence, there is no denying that there are social and economic factors at play here as well.

It must be admitted that although statistics appear to show we have an education issue, for a country with 0.3% of the world’s population to boast 4 of the Top 50 universities is still rather impressive, despite the negative high school results. At the end of the day, it is not the money, policy or infrastructure that we lack, but rather a culture that can only be forged through hardship, respect and a new perspective. We should learn from the East and other members of the West by placing more value on hard work rather than talent, pushing our students further and giving our 94

MAN.

BY KATHERINE ROCHE

noTes here, anoTher skeTCh By kaTherine is presenTed unaCCompanied By samuel’s image. alTernaTiVely puT, The wesT is presenTed wiThouT The easT. This seCond skeTCh By kaTherine, is of a superior man. his enTire Body, raTher Than JusT his upper half is illusTraTed. he is sTrong, Composed, Toned and unCompromising. he is The ‘superior’, Tenuously laBelled, wesTern man as defined By a wesTern soCieTal hegemony. defined, as Claudia’s essay Can BeTTer wesTern liBeral disCourse, human righTs priVilege The wesT(ern man) and negaTe The easT(ern) man. henCe, a seCond image of Varinda is aBsenT, whilsT an unBeComing illusTraTion of The wesTern man preVails. expound, By a

Thus, eVen Though The preVious essay By leo priVileges an easTern approaCh To eduCaTion, The wesT direCTs The ConVersaTion, 95 disCourse mainTaining a sTronghold in BoTh and realiTy.

96

97

“UNIVERSAL” HUMAN RIGHTS: THE ULTIMATE PARADOX.

BY CLAUDIA CAMERON

98

noTes as in CaTherine kirBy’s essay, The uniTed naTions define an innaTe humaniTy in us all, BuT paradoxiCally, some humans are marked ouTside of This predefined group. They in some way laCk The ‘inTrinsiC’ human qualiTy and Thus lie Beyond The realm of wesTern liBeral demoCraCy, and whaT ThaT priVilege may afford Them. in

CaTherine’s and Claudia’s essays, and also explored daisy’s pieCe, a CulTural differenCe BeComes a reCognisaBle human differenCe. and an aCCepTaBle CriTeria for malTreaTmenT.

The Case of BoTh

earlier in

human righTs deBaTes Tend To quesTion The Value of The doCTrine iTself. many ConCeiVe of human righTs as a TokenisTiC and aspiraTional espousal To whiCh no one CounTry, group, or indiVidual Can uphold. This essay reCognises human righTs as a framework wiThin whiCh a soCial order is esTaBlished and reinforCed.

are

BoTh eValuaTions of The funCTion of The

human righTs doCTrine Valid?

is a “puBliC suBsCripTion To wesTern liBeral demoCraCy”, whiCh This essay Terms a salienT faCTor in idenTifying oneself as a ‘non-TerrorisT’, diffiCulT To esTaBlish? The ‘ride wiTh me’ soCial media Campaign whiCh emerged posT

lindT TerrorisT aTTaCk of 2014 is an example wherein a puBliC disaVowal of The aTTaCk By muslims was CeleBraTed By The Viral Campaign. and Thus, The dissonanCe BeTween wesTern liBeral demoCraCy and ‘non-TerrorisTs’ was miTigaTed, To an exTenT. aT large howeVer, The muslim ComThe

muniTy experienCed ConTinued raCial and CulTural VilifiCaTion afTer The aTTaCk, whiCh remains palpaBle in ThemselVes as

2017. are aTTempTs By muslims To define ausTralia really ThaT suCCessful?

‘non-TerrorisTs’

and priVaTise Their religion in

99

O

ver the last half-century, olence that challenges Western liberal order, the concept of ‘human it threatens the “very fabric of society”. rights’ has come to occupy a formative position Human rights discourse makes claim to the in global politics. Estab- existence of an innate ‘humanity’, defining lished as a set of norma- the binary between ‘us’ as humans in oppotive principles outlining the rights most fun- sition to ‘them’, the ‘terrorists’. The preamdamental and ‘natural’ to all human beings, ble to the Universal Declaration of Human human rights, formally set out in the 1948 Rights makes explicit reference to the “inUniversal Declaration of Human Rights herent dignity and the equal and inalienable (UDHR), sets a benchmark for which all rights of all members of the human family”.2 nations are to strive-as a matter of assuring Such claims to innate ‘equality’ suggest the ‘freedom’ for their citizens. Concurrent to existence an intrinsic link between all huthe growth of human rights discourse has mans that goes beyond biology. However, been a growth in debates surrounding the the mere assertion of an ‘inalienable’ huconstitution of ‘terrorist’ violence. Samu- manity is ideologically vested; its existence el-Weber posits, “What is-new is the grow- is imagined. Human rights discourse has ing efficacy of an organized historically been driven by violence that is no-longer Western, liberal states. As simply-private or-individu- “[one’s] humaniTy [Be- those who sit in the cural, no longer simply “crimrent position of hegemonic Comes] dependenT on inal” but rather “terrorist,” Their aVowal of wesTern power, such aspirations of which is to say: whose goal peace, as the foundations liBeral demoCraCy.” is (here at least) to disrupt upon which the UDHR and destroy the very fabric and indeed human rights of society as a whole”.1 Terdiscourse sits on, function rorism represents a fundamental threat to the to reproduce the current social order.3 This continued upholding of ‘universal’ human imagined form of universal humanity-is thus rights. Consequently, there is an increas- that which lies within the ideological paing-interaction between debates about an- rameters of Western liberal democracy, and ti-terrorism discourse and the role-of human provides a-basis from which human rights rights instruments. This essay-seeks to ex- discourse may be legitimized. Through the plore Weber’s proposition, arguing that the implication that ‘humanness’ is contingent distinction between the private criminal and on the existence of an inherent humanity, the that which constitutes ‘terrorist’ violence is binary between ‘us’-and ‘them’ becomes abin part made possible through the imposition solute. As Žižek argues, fundamentalism-has of ‘universal’ human rights based on Western come to be understood as “an inherent negaliberal democratic ideals. Through the reduc- tion of the universalist claim of liberal caption and subsequent depoliticization of free- italism”.4 Thus, one’s humanity is affirmed doms to the level of the private individual, in accordance with the imagined humanity human rights-discourse delegitimizes terror- of ‘human rights’; their humanity-is deism on the basis that as a public, political vi- pendent on their avowal of Western liberal 100

the ideals-upheld in liberal-capitalist societies. Declarations of the “right to marry and found a family” and “own property”6 further stand as examples of-Western Liberal ideals of ‘choice’ being presented as universally relevant. The normativity with which rights are asserted thus presents a fundamental challenge to cultures with whom such ‘freedoms’ are not compatible, affirming Western Liberal Democracy as the dominant ideological paradigm. Žižek posits that the process by which-one may “emerge” as a “subject of free choice” is a violence whereby one is The assumption that human rights are “uprooted from one’s-particular life-world”.7 transcendent of culture, rather than products His assertion suggests-that the culturally of it, functions to conceal the instruments specific assumption about that which it is which reproduce Western-capitalist suprem- possible to choose acts as a violent imposition of Western liberalacy and by extension, deleism; the ‘protections’ made gitimize terrorist violence. available-by human rights On the basis that intrinsic ‘humanity’ has become syn- “...[freedom of] ChoiCe thus functioning as a-form onymous with the affirma- is only afforded aT The of violence in-themselves. tion of Western liberal so- leVel of The priVaTe indi- This acts as an imperative Vidual.” mechanism in concealing cial order, human rights are the underlying-ideological manifested with culturally paradigm and thus reprospecific, Western-ideals that are presented as universally binding. In par- ducing-its hegemonic supremacy, making ticular, the emphasis on freedom of choice any challenges to ‘universal’ rights appear as a fundamental right reflects principles of illegitimate on the grounds that they “disrupt consumerism that, while pertinent to liber- and destroy the-very fabric of society”.8 al-capitalism, are not universally applicable. For example, Article 18 of the UDHR In order to depoliticize ‘innate’ freedoms asserts that “everyone has the right to free- of choice, the rights of the individual are dom of thought, conscience and religion” reduced to exist only at the level of the priand includes “freedom to change his religion vate within human rights discourse. This or belief”.5 Is freedom to religion a univer- functions as a form of social control, limitsally afforded freedom? Or rather, should it ing challenges to the current political posibe? While religion increasingly represents tion-and thus delegitimizing terrorist vioa contentious concept in the West, such an lence. Despite an imposition in human rights assertion places cultures in which religion instruments of a ‘freedom of choice’, it is occupies a fundamental role, with-respect to evident that choice is only afforded at the law or social practice, in subordination to- level of the private individual. While idio101 democracy. It is through such subscription that both the individual and the notion of Western liberal democracy itself are defined in opposition to the ‘other’, justifying current anti-terrorism-discourse and allowing for the ‘legitimate’ use of force by the state.

Insofar as the ‘terrorist’s’ disavowal of Western liberal democracy reveals his absence of ‘humanity’, human rights discourse, and by extension (anti)-terrorism discourse, is legitimized on the grounds of protecting the “inalienable” rights of-the “human family”.

syncrasies are allowed, such rights are only and thus irrelevant to the confirmation of afforded when expressed within the confines his memory. As Žižek asserts, “his universal of Western liberal democratic thought. Žižek glory is also a sign that he really didn’t dishighlights the paradoxical nature of this pri- turb the global order of power”.13 vatisation: “the other is welcomed… insofar as it is not really the other… tolerance thus In the context of anti-terrorist discourse, coincides with its opposite”.9 Within the the privatisation of individual freedoms beUDHR, an emphasis is placed on the rights comes a powerful tool in the constitution of of the individual, on everyone, while there is terrorism as a violence beyond that which an absence of protections afforded at the lev- is simply ‘criminal’. When belonging to a el of the group. Article 19 asserts that “every- group becomes more than simply a private one has the right to freedom of opinion and ‘choice’ within the confines of Western expression”10, however no reference is made Liberal democratic ‘freedom’, and rather to the rights of expression beyond anyone one defines themselves as fundamentally beyond the individual. The something other than the privileging of agency within individual within liberal dethe bounds of the person- “‘[mandela’s] uniVersal mocracy, they pose a public al are similarly articulated glory is also a sign ThaT challenge to the continued in the right to be protected he really didn’T disTurB supremacy of Western libfrom “arbitrary interference eralism. The distinction The gloBal order of within his privacy, family, between ‘terrorist’ violence power.’” home or correspondence” and ‘legitimate’ violence is and the proclamation-that thus defined by the public/ “everyone has duties in the community in private divide: violence in the name of a priwhich alone the free and full development of vate identity is dismissed as an individual, is personality is possible”.11 criminal act, while violence acted upon in the name of a form of belonging other than All cultural forms of belonging other than that of the human within Western democrathat of the individual human within the cy becomes ‘terrorist’. Weber’s proposition confines of Western liberal parameters are that terrorism constitutes a violence that is negated. Through this a decaffeination of “no longer private or individual, no longer alterity-occurs, allowing for the policing of simply criminal”, thus accurately reflects any difference that goes beyond private id- this notion.14 A Muslim-who practices their iosyncrasies. Nelson Mandela is widely rec- religion as a matter of private belief is tolerognised as a pioneer in human rights for his ated within Western liberalist society. Howmovement to end South African apartheid, ever, a Muslim whose belief goes beyond however, had his true vision for a socialist that of the private idiosyncratic, and rather South Africa been achieved, it is unlikely constitute a belonging that stands outside that he would be internationally celebrated.12 the realm of Western liberal democratic ideHis eventual public affirmation of a liberal als, is defined as a terrorist. Yassir Morsi, a democratic framework for South Africa ren- Muslim living in-Australia, argues that he dered any private actions or ideas apolitical, feels a-constant pressure to “condemn that 102

barbarity of [extremist] violence” and “clear my name by airing my more moderate views, revealing my base humanity”.15 This impulsivity to constantly ‘confess’ and affirm his loyalty to Australia further demonstrates that ‘tolerance’ is conditional on one’s public avowal of Western liberalism and disavowal of anything that threatens its hegemony: the terrorist. The public subscription to liberal democracy thus defines one as a ‘non-terrorist’, and functions to delegitimize any public challenge to the continued supremacy of Western liberal democracy.

maneuver, whereby the ability to challenge such censorship is suppressed: there is a “withdrawal in law of the possibility to challenge the silencing”.19 We are deprived as subjects of the words to engage in challenges to the current political position outside the realm of the existing legal framework, and are silenced in our ability to negotiate such regulation. Thus, any-public challenge to Western liberalism that comes from a position outside the Western liberal legal-paradigm is constituted as an act of terrorist violence. Such a doctrine is enshrined in the final article of the UDHR, which-asserts that The imposition of ‘freedom’ the declaration may not be in the context of human interpreted as implying the rights discourse is a form right of “any state, group or of ideological violence de- “‘we ‘feel free’ BeCause person” to “perform any act signed to silence challeng- we laCk The Very lan- aimed at the destruction of es to the current political guage To arTiCulaTe our any of the rights and freeunfreedom’.” position. When approached doms set forth herein”.20 through an Althusserian This in fact-implies a direct lens, ‘freedom’ is a misrestriction on freedom, lerecognition by subjects of their ideological gitimized on the basis that our fundamental repression. If ideology “represents the imag- “rights” (read: private freedoms of choice inary relationship of individuals to the real which exist within the parameters of Westconditions of their existence”16 we imagine ern Liberal Democracy) are threatened by our freedom through the use of the language the existence of a violence that challenges and symbols we ‘freely’ use. As Žižek notes, the political basis from which such freedoms “we ‘feel free’ because we lack the very lan- may be afforded. guage to articulate our unfreedom”.17 The universal provision of human rights inThe silencing of ‘unfreedom’ equally op- struments plays a powerful role in the delerates within the confines of the law, func- egitimization of terrorist violence. Through tioning to eliminate challenges to the current the assertion of an ‘innate’ humanity which political order. Christidoulidis and Levitch functions to delineate ‘us’ from ‘them’, Westargue that there is a ‘double-silencing’ that ern liberal democratic ideals are enforced as occurs within legal instruments that func- universally binding ‘freedoms’. When such tions as a form of social control.18 While it is freedoms are then privatized to be affordwidely recognized that subversive political ed only at the level of the individual, thus statements are regulated, they argue that the making them apolitical, terrorist violence is true ‘terror’ occurs in a secondary, invisible constituted as something ‘other’; something 103

which goes beyond the private idiosyncratic, and rather challenges Western liberal democratic order and-by extension, fundamental ‘freedoms’.

Hence, Weber’s proposition-that terrorism has come to represent a violence inherently different from that which is ‘criminal’ accurately reflects the process whereby the individual is reduced to a merely private entity. While-human rights and indeed the Western liberalist understanding of the world offer much to the current global system, the primary consideration when evaluating their legitimacy within the context of anti-terrorism discourse is who do such ‘freedoms’ benefit? The maintenance of peace, upheld through the delegetimization of terrorist violence, functions to reproduce the current social order. Herein lies the ultimate paradox: human rights most benefit those who least require their protection. As we attempt to navigate a world in which ‘illegitimate’ terrorist violence has become increasingly more apparent, the continued supremacy of Western liberal democracy will likely be dependent on our continued imagination of ‘universal freedoms’.

“human righTs mosT BenefiT Those who leasT require Their proTeCTion” 104

ART, ABORIGINALITY AND DISCOURSE.

BY IFEOMA LATISHA DONNELAN

105

noTes in almosT eVery essay prinTed in The 2017 Bulpadok a Binary exisTs, exisTed, or was in quesTion. mosT expliCiTly, Claudia’s essay on human righTs and leo’s on modern eduCaTion, highlighT The Binary BeTween easT and wesT. simply puT, how ‘Them’ and ‘us’ is ConsTruCTed and perCeiVed Colours our world. in ifeoma’s essay, aBoriginaliTy is undersTood as The oTher. The soCial order reinforCes an imposed inferioriTy. arTisTs, This essay disCusses, funCTion as The ‘deVil’s adVoCaTe’ who are The forCe of Change and progress in disCourses around aBoriginaliTy.

arT, in This essay, has shown iTs salienCe in eVolVhow Though, Can wider ausTralia Be TargeTed? By whaT measures Can indigenous and non-indigenous ausTralians miTigaTe Their differenCe so as noT To operaTe wiThin a polarising Binary, BuT raTher muTual asCendenCy? whaT, in oTher words, is The nexT sTep for This work in progress? ing a disCourse.

in BeaTriCe harT’s poem personal engagemenT is explored as a poTenTial soluTion for The aforemenTioned quesTion. whilsT in daisy moore’s pieCe, personal engagemenT emerges as The insurmounTaBle resoluTion.

Thus, a proCess of self-eduCaTion and self-idenTifiCaTion wiThin a disCourse emerges as The mosT profiTaBle measure To Challenge operaTing paradigms, shifT The hegemony, and work Towards posiTiVe progress.

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E

uropean frameworks have also be examined in order to understand how historically constructed and the discourse can only truly be transformed limited the discourses sur- when White Australia fully abandons oprounding Aboriginality, af- pressive perceptions of the past. fecting how these discourses are understood. Aboriginal ‘They are always twisted narratives. In realiartists and cultural producers, have trans- ty, the story lines are very simple.’ - Moffatt, formed discourses on Aboriginality through qtd in Fosco 1998.1 their work. A 'transformation' fosters the idea of metamorphose. The word transformation It is imperative to recognise the dominant, creates the belief that an object, person or colonial discourses of Aboriginality in orconcept has undergone a transition, from der to understand how these constructed crude to refined, ignorant to knowledgeable, discourses are being altered. The most comand thus replaces the old with something mon discourses are the anthropological, rich and appropriate. A transformation of romantic and racist. Each are explored in discourses on Aboriginality implies a posi- Stephen Muecke’s Available Discourses on tive shift in the thinking and ideological con- Aborigines.2 Perceived white superiority and struction of what it is to be systemic dominance over Aboriginal. It implies that Aboriginal Australians have Aboriginal people now have produced these discourses.3 “‘a romanTiC View poinT a newly enabled agency to Anthropological discourse degrades aBoriginal create the discourses and is constructed through the people To Being ViCTims of in turn, that non-Aboriginal study of Aboriginal AustralTheir ‘naTure’.”

Australians are willing to ians, both empirically and engage in such discourses. theoretically, by non-AboThis paper will evaluate the riginal people.4 Anthropolway cultural producers and artists have dis- ogy is underpinned by an obsession with mantled and remodelled the discourse. This racial purity and thus separates Aboriginal will be done by first outlining the tradition- people into categories of traditional and non al anthropological, romantic and racist dis- traditional, with non-traditional Aboriginal courses that have surrounded Aboriginality. people being ‘not truly Aboriginal’ or ‘halfThe paper will then demonstrate the reshap- castes’.5 Anthropological discourse limits diing of discourse by analysing Aboriginal versity of Aboriginality and in turn cultivates artist Tracey Moffatt, with specific reference intolerance of non-traditional expressions. to: Aboriginality and authenticity through art, Aboriginal women, the Stolen Genera- Romantic rhetoric is born out of a need for tion, and infantilisation. The paper will also the dominant people to care for and love explore how a transformation of discourse the ‘primitive’ and ‘barbaric’ other race.6 encompassing Aboriginality does not always There is also an underlying obsession with lead to better a dialogue. The imbedded rac- the exotic that occurs in romantic discourses ist foundations of Australian society that of Aboriginality. A romantic view point depreserve a dominant colonial framework will grades Aboriginal people to being victims of 107

tional’ elements of Moffatt’s identity and of Aboriginality.15 The painted sunset backdrop and plastic, shiny ground of Moffatt’s film set are examples of Aboriginal artists’ ability to produce art that breaks away from stereoIn conjunction with this, racist discourse also typical dot paintings and pieces that use only combines components of essentialism and at- natural materials. In doing so, Moffatt undertributes racial difference to genetic makeup.9 mines the anthropological view of traditionAll are oppressors of Aboriginal people, and al Aboriginal art as the only expression of contribute to a fixed notion of Aboriginali- Aboriginality. Similarly, the film set’s obvity.10 However, as a cultural producer, Mof- ous artificiality rejects the notion of the confatt has exposed the shallow and repressive nection between land and Aboriginality as nature of the anthropological, romantic and being at the centre of authenticity. Through racist discourses, and how these discourses her film’s set and style, Moffatt challenges are destructive to Aboriginality. anthropological representations of Aboriginality and provides an avenue for altered dis‘Yes, I am Aboriginal, but I have the right to courses. She demonstrates Aboriginality as be avant-garde like any white an ever evolving concept artist.’ - Moffatt, qtd in Murthat encapsulates both the ray 1990.11 traditional and the modern and that Aboriginality “‘raCisT disCourse...

Anthropological discourse should not be thought of as aTTriBuTes raCial differand its obsession with cula dormant domain.16 MofenCe To geneTiC makeup” tural purity limits the expresfatt further deconstructs sion of Aboriginality through the limitation of anthropoart. From an anthropological logical discourse and how standpoint, Aboriginality is suspended in a it censors individuality within Aboriginality. ‘timeless vacuum.’12 Such discourse supposes that authentic Aboriginal art and artists ‘My work may feature brown faces but it only exist as the untainted yet stagnant forms could be anybody’s story’ - Moffatt, qtd in of their ancestors.13 However, Tracey Moffatt Brooks & Jayamanne 1995.17 has challenged the imposed anthropological boundaries that restrict Aboriginal art. An Not only does anthropological discourse on example of her defiance of the set bound- authenticity within Aboriginal art limit artisaries of Aboriginal art can be found within tic exploration, but it also restricts Aborigher short film Night Cries: A Rural Tragedy inal art to narratives of identity struggle or (1989).14 The film follows the mundane dai- expression of heritage. Anthropological disly life of an elderly white Australian mother courses ignore the individual differences that and her grown adopted Aboriginal daughter. exist between different Aboriginal people.18 The film is based in the desert, however the An exchange between Clare Williamson, set is entirely artificial. The contemporary set Associate Curator of Print, Drawings and represents the merging of ‘urban’ and ‘tradi- Photography at the Queensland Art Gallery, their ‘nature’ and renders Aboriginal people as ‘helpless, like children’.7 Racist beliefs reduce people from functional adult humans to children, animals and inanimate objects.8

108

and Tracey Moffat, exhibits the narrow dia- variance that occurs within Aboriginality. logue that materialises around Aboriginality. Moffatt not only alters available anthropoThrough a fax exchange (1991) Williamson logical discourses, but also addresses romaninvites Moffatt to be part of her exhibition, tic ideologies that surround Aboriginal womWho Do You Take Me For?.19 The exhibi- en and their sexuality. tion focused on artistic interpretations of 'marginalisation by the dominant white het- ‘I was constantly being told to shut up, you erosexual male culture' and 'exploring their know, stop drawing attention to yourself.’ own identity'.20 Williamson also explains that Moffatt, qtd in Selinger-Morris 2005.23 the other artists are either Aboriginal artists or other artists of colour from Great Brit- Moffatt’s short film Nice Coloured Girls ain. Moffatt’s response exposes limited dis- (1987)24 exemplifies an element of romancourses available for Aboriginality. Firstly, tic discourse that retains a strong infatuathere is an expectation that Moffatt’s work tion with the exotic. Previously in colonial will automatically fit the exhibition’s very Australia, Aboriginal women were labelled specific narrative of marginalisation and 'black velvet'; a sexual metaphor that assertidentity struggle. Another is that Williamson ed their exoticism to the white Australian believes that Moffatt’s Abomale.25 It was understood riginal heritage is the definthat Aboriginal women ing feature of her art, which were sexually available to presumes that her work will “‘moffaT...defies The white men.26 The women reflect narratives of identity were dispossessed, domBoundaries of a fixed struggle, expression of heritinated and without agenaBoriginaliTy.” age or that her work will be cy.27 The enduring implitraditional. Finally, it is clear cations of these negative that Williamson carries little discourses have ultimateknowledge of Moffatt as an artistic produc- ly effected the perceived Aboriginality of er and that her expectations of her work are women, as it presents them only as sexual products of stereotypes. Williamson’s expec- commodities. The opening scene of Moffat’s tations surrounding the content of Moffatt’s short film, Nice Coloured Girls, depicts three work is an example of ingrained censorship young Aboriginal women. of individuality.21 This censorship assumes that individual people of colour have the The shots particularly focus on parts of their same experiences of marginalisation and are bodies; their legs and their chests, reinforcable to represent all people within their mi- ing the perceived sexuality of the women. nority group. Moffatt strongly declines the The Aboriginal women in Nice Coloured invitation and in doing so defies the bound- Girls refer to the white men as ‘the Captain’, aries of a fixed Aboriginality. Her non-con- emphasising the systemic dominance of the formity and refusal 'to be kept in my [her] white male over the Aboriginal woman. The place'22, transforms the discourse away from film has no dialogue, only subtitles from the the set and expected narrative and opens the position an Aboriginal female character. One dialogue to a diverse understanding of the subtitle within the film reads: ‘They [white 109

men] like to be seen escorting two black An engagement in racist discourse reduces women down the street’, further demon- people from adults to children, inanimate obstrating the degrading sexualised identity jects and animals.30 The superiority of white of Aboriginal women. However, within the Australians and the belief that the Aboriginal short film Moffatt rejects the accepted sexual race should ‘die out’31, enabled the policy of status of Aboriginal women as the dominant Assimilation - the forcible removal of part and defining discourse. She does so by posi- Aboriginal children from their families.32 tioning the ‘Captain’ as a drunken fool who The policy of Assimilation was the most is outwitted by the intelligent Aboriginal devastating exertion of colonial dominance women, changing the Captain from domi- over Aboriginal people. It is now known as nant to dominated. As Aboriginal women are the Stolen Generation. The central themes considered hierarchical underdogs, Moffatt’s of Night Cries refer to the Stolen Generportrayal of the astute Aboriginal women ation. Throughout the film, it is clear that exposes the truth of a deeper Aboriginality, the adopted Aboriginal daughter, played by counteracting the existing unidimensional, Marcia Langton, is suffering post-traumatic romantic perspectives that enabled Abo- stress as she remembers aspects of her childriginal women’s objectification. The wom- hood. There are scenes of her grabbing and en within the film are self pulling at her hair, or reserving and independent, peatedly flicking the handle highlighting the strength of of a water bucket. Everyday their femininity. The film “raCisT disCourse reduC- activities trigger haunting also contrast the shrewdness es people from adulTs To memories of her past. In of the women and the sav- Children, from inanimaTe a particular scene, she is oBJeCTs To animals.” age and physical dominance washing clothes in a buckof the white men. Thus, a et. She has a flashback to noteworthy dichotomy is herself as a little girl, being presented by Moffatt: which culture is truly wiped down by a white male ‘protector’ and the savage? As Moffatt begins to transform dressed in Western clothes. romantic discourses on Aboriginal women through an artistic medium, she also tackles The white of her dress and ribbon portray the racist attitudes towards Aboriginality. innocence of a little girl, but the white also represents the culture she is being forced to ‘Why shouldn’t Aboriginal people go to the assimilate into. The scene changes back to beach like anyone else?’ - Moffatt, qtd in the now adult Aboriginal woman with a close Newton, 2000.28 up of her face, worn and displaced. The raw image evokes emotions of pain, portraying There are strong themes within Moffatt’s the lasting effects of the Stolen Generation short film Night Cries: A Rural Tragedy and systemic racism upon Aboriginal fami(1989)29 that confront the systemic racist lies and children. Moffatt challenges racist rhetoric of non-Aboriginal Australia. A rac- discourses that foster ideologies of white suist discourse is established through the pre- premacy over Aboriginal people by showing sumed superiority of one race over another. the harrowing effects of white dominance 110

over another culture.33 The graphic scenes of deep pain and emotional torment do not withhold their brutal honesty in fear of upsetting the viewer. In doing so, the scenes confront and enable reflection by white Australians to take ownership of the destruction and trauma they caused and committed against Aboriginal people. She also opens an important dialogue of civil brutality that manifests in exchanges between white and Aboriginal Australians that stem from racist dispositions.

Whilst Night Cries tackles racist discourses surrounding racial superiority, it also challenges the infantilisation of Aboriginal people to being ‘helpless, like children’.34

and ‘primitive’ stereotypes that emerge from racist discourses surrounding Aboriginality.

The relationship is indistinguishable from any other loving mother and daughter affair and thus, racist dispositions are disputed.

Whilst Moffatt has had a positive effect on expanding the discourses that previously dominated Aboriginality, this evolved dialogue is not always engaged in by wider Australia, as the fundamental bigotries of a culture are difficult to reshape.

‘Art shows do not work in correcting prejudices, not one bit.’ - Moffatt 1992. Eyeline Magazine.38

Whilst Moffatt has challenged the existing discourses of Aboriginality, ‘When am I going to grow the emerging rhetoric may up?’ - Moffatt, qtd in not constructively transform Selinger-Morris 2005.35 “‘This eVolVed dialogue or penetrate into wider Ausis noT always engaged in tralian society. In a nation In previous racist repthat has neglected much of By wider ausTralia.” resentations of Aboriginalithe history that surrounds ty, indigenous people were Aboriginality, it is idealistic viewed as members of a to expect that expanding the ‘child race’, and unsophisticated in compar- available dialogue of Aboriginality will cease ison to their white counterparts.36 However, all of the existing prejudices.39 As William this ideology is challenged by Moffatt in E H Stanner stated in his lecture The Great Night Cries within the relationship between Australian Silence (1968), ‘the cult of forgetthe elderly Australian woman and her adopt- fulness’ that is ‘practiced on a national scale’ ed Aboriginal daughter. Moffatt’s Aboriginal has enabled the endured neglect towards a character is the sole caretaker of her elderly greater understanding of Aboriginality.40 In mother. The elderly woman is represented as a society founded on parochial frameworks, a feeble and dependent, a role reversal that transformation of discourses that stem away challenges the racist discourse of Aborigi- from white dominance can be interpreted ‘as nals being childlike and unable to care for an attack on Australia’s national identity’.41 themselves.37 The Aboriginal daughter feeds, Thus, it takes more than Aboriginal cultural washes and takes her mother to the lavato- producers or as Moffatt says, ‘art shows’42, ry. The depiction of the love and care shown to realign the flawed representations of Abfrom the Aboriginal woman to her adopted originality. E. Ann Kaplan, American film mother also acts to dismantle the ‘barbaric’ theorist, wrote that understanding of Aborig111

‘Can this be the last fax from me now, I’m getting bored with it all?’ - Moffatt, 1991.

Eyeline Magazine.48

BY SARA COURT

UNTITLED.

inality is essential for the transformation of colonial frameworks.43 Kaplan (1989) states that such acquisition of ‘knowledge can only happen as we [Western people] enter into dialogue with the other culture’.44 However, the dialogue must reflect the experiences of many, and it cannot be assumed that Aboriginality is universal.45 Thus, in order to transform the discourses surrounding all forms of Aboriginality, white Australia must recognise and support the agency of all Aboriginal people, not just a selected few.46 The existing preconceptions of a universal Aboriginality can be transformed and Aboriginal people can begin to be viewed as individuals. Such rhetoric will enable an understanding from non-Aboriginal people of the way in which colonial representation has shaped and misshaped reality for coloniser and colonised alike. In this way, positive discourses surrounding Aboriginality and a united Australia can begin to emerge.47

The archaic anthropological, romantic and racist discourses that have shrouded Aboriginality since colonial settlement must be challenged and advanced. Cultural producer and artist, Tracey Moffatt, has broadened the dialogue surrounding Aboriginality through her artistic work. However, the voices of all Aboriginal people must be acknowledged in order to recognise the ever changing realms of Aboriginality. When such agency develops for Aboriginal people and understanding from non-Aboriginal people is enabled, a true transformation of discourses can occur.

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a Thinker. sara’s man closes our suBmissions.

END

NOTES

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frédéric foresT

is a french arTisT. This drawing, Typical of his minimalisT form, is composed of one line. iTs simplisTic BeauTy however, is decepTive. foresTs’ works are never compleTe. where The single line Begins and or ends is indisTinguishaBle To anyone excepT for foresT himself. The drawing inviTes iTs purveyors Then, To see Their own line. inTerpreT iTs shape, iTs Beginning, end or perhaps iTs conTinuaTion. foresTs’ work illusTraTes a micro-allegory for The Body of work puBlished in The 2017 Bulpadok. whaT is prinTed in These pages is merely a rough ouTline, a skeTch...a caTalysT for provocaTion and discussion. add To, suBTracT from and Talk aBouT This work in progress.

sophie mckendry

115

BIBLIOGRAPHY georgia smiTh: women, sexual ViolenCe and JusTiCe? 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.

Daly, K 2015, ‘Sexual Violence and Justice’ in A Powell, N Henry, & A Flynn (eds), Rape Justice: Beyond the Criminal Law, Palgrave Macmillan, Basingstoke, pp. 36-52.

Clark, H 2015, ‘A Fair Way to Go’ in A Powell, N Henry, & A Flynn (eds), Rape Justice: Beyond the Criminal Lawz.

Powell, A, Henry, N, Flynn, A, & Henderson, E 2013, 'Meanings of Sex and Consent: The Persistence of Rape Myths in Victorian Rape Law', Griffith Law Review, vol. 22. no. 2, p. 456-480.

Rawls, J 1976, A Theory of Justice, Oxford University Press, London.

Powell, A, Henry, N, & Flynn, A 2015, ‘The Promise and Paradox of Justice’ in A Powell, N Henry, & A Flynn (eds), Rape Justice: Beyond the Criminal Law, Palgrave Macmillan, Basingstoke, pp. 1-17. P7.

Clark, H 2015, ‘A Fair Way to Go’ in A Powell, N Henry, & A Flynn (eds), Rape Justice: Beyond the Criminal Law, Palgrave Macmillan, Basingstoke, pp. 18-35. P18.

Clark, H 2015, ‘A Fair Way to Go’ in A Powell, N Henry, & A Flynn (eds), Rape Justice: Beyond the Criminal Law, Palgrave Macmillan, Basingstoke, pp. 18-35. P19.

Clark, H 2015, ‘A Fair Way to Go’ in A Powell, N Henry, & A Flynn (eds), Rape Justice: Beyond the Criminal Law, Palgrave Macmillan, Basingstoke, pp. 18-35. P20.

Powell, A, Henry, N, & Flynn, A 2015, ‘The Promise and Paradox of Justice’ in A Powell, N Henry, & A Flynn (eds), Rape Justice: Beyond the Criminal Law, Palgrave Macmillan, Basingstoke, pp. 1-17. P5.

Powell, A, Henry, N, & Flynn, A 2015, ‘The Promise and Paradox of Justice’ in A Powell, N Henry, & A Flynn (eds), Rape Justice: Beyond the Criminal Law, Palgrave Macmillan, Basingstoke, pp. 1-17. P1.

Roffee, J 2015, ‘When Yes Actually Means Yes’ in A Powell, N Henry, & A Flynn (eds), Rape Justice: Beyond the Criminal Law, Palgrave Macmillan, Basingstoke, pp. 72-91.

Powell, A, Henry, N, & Flynn, A 2015, ‘The Promise and Paradox of Justice’ in A Powell, N Henry, & A Flynn (eds), Rape Justice: Beyond the Criminal Law, Palgrave Macmillan, Basingstoke, pp. 1-17. P1.

Kaspiew, R 1995, 'Rape Lore: Legal Narrative and Sexual Violence', Melbourne University Law Review, vol. 20, no. 2, pp. 350-382.

Hockett, J.M, Saucier, D.A & Badke, C 2016, ‘Rape Myths, Rape Scripts, and Common Rape Experiences of College Women: Differences in Perceptions of Women Who Have Been Raped’, Violence Against Women, vol. 22, no. 3, pp. 307-323. P309.

Powell, A, Henry, N, & Flynn, A 2015, ‘The Promise and Paradox of Justice’ in A Powell, N Henry, & A Flynn (eds), Rape Justice: Beyond the Criminal Law, Palgrave Macmillan, Basingstoke, pp. 1-17. P1.

Ryan, K.M 2011, ‘The Relationship Between Rape Myths and Sexual Scripts: The Social Construction of Rape’, Sex Roles, vol. 65, no. 11-12 pp. 774-782. P775.

Powell, A, Henry, N, Flynn, A, & Henderson, E 2013, 'Meanings of Sex and Consent: The Persistence of Rape Myths in Victorian Rape Law', Griffith Law Review, vol. 22. no. 2, p. 456-480. P459.

Roffee, J 2015, ‘When Yes Actually Means Yes’ in A Powell, N Henry, & A Flynn (eds), Rape Justice: Beyond the Criminal Law, Palgrave Macmillan, Basingstoke, pp. 72-91. P74.

MacKinnon, C 1989, Toward a Feminist Theory of the State, Harvard University Press, Cambridge, MA. P172.

Flynn, A 2015, ‘Sexual Violence and Innovative Responses to Justice’ in A Powell, N Henry, & A Flynn (eds), Rape Justice: Beyond the Criminal Law, Palgrave Macmillan, Basingstoke, pp. 92-111. P96.

Lievore, D 2005, Prosecutorial Decisions in Adult Sexual Assault Cases: Trends and Issues in Crime and Criminal Justice, Australian Institute of Criminology.

Heenan, M & Murray, S 2004 Study of Reported Rapes in Victoria 2000–2003, Statewide Steering Committee to Reduce Sexual Assault (Vic). P5.

Young, A 1998, ‘The Waste Land of the Law, The Wordless Song of the Rape Victim,’ Melbourne University Law Review, vol. 22, no. 2, pp. 442-265.

Powell, A, Henry, N, & Flynn, A 2015, ‘The Promise and Paradox of Justice’ in A Powell, N Henry, & A Flynn (eds), Rape Justice: Beyond the Criminal Law, Palgrave Macmillan, Basingstoke, pp. 1-17. P5.

Powell, A, Henry, N, Flynn, A, & Henderson, E 2013, 'Meanings of Sex and Consent: The Persistence of Rape Myths in Victorian Rape Law', Griffith Law Review, vol. 22. no. 2, p. 456-480. P462.

116

27. Flynn, A 2015, ‘Sexual Violence and Innovative Responses to Justice’ in A Powell, N Henry, & A Flynn (eds), Rape Justice: Beyond the Criminal Law, Palgrave Macmillan, Basingstoke, pp. 92-111. P101.

28. Success Works 2011, Sexual Assault Reform Strategy – Final Evaluation Report, Department of Justice, Melbourne.

29. Powell, A, Henry, N, Flynn, A, & Henderson, E 2013, 'Meanings of Sex and Consent: The Persistence of Rape Myths in Victorian Rape Law', Griffith Law Review, vol. 22. no. 2, p. 456-480. P467.

30. Daly, K 2011, Conventional and Innovative Responses to Sexual Violence, ACSSA Issues, no. 12, Australian Centre for the Study of Sexual Assault, Melbourne. P1.

31. Temkin, J, & Krahé, B 2008, Sexual Assault and the Justice Gap: A Question of Attitude, Hart Publishing, Oxford.

32. Thornton, M 1991, ‘Feminism and the Contradictions of Law Reform’, International Journal of the Sociology of Law, vol. 19, pp. 453–474. P466.

33. Flynn, A 2015, ‘Sexual Violence and Innovative Responses to Justice’ in A Powell, N Henry, & A Flynn (eds), Rape Justice: Beyond the Criminal Law, Palgrave Macmillan, Basingstoke, pp. 92-111. P103.

34. Daly, K 2011, Conventional and Innovative Responses to Sexual Violence, ACSSA Issues, no. 12, Australian Centre for the Study of Sexual Assault, Melbourne. P10.

35. Flynn, A 2015, ‘Sexual Violence and Innovative Responses to Justice’ in A Powell, N Henry, & A Flynn (eds), Rape Justice: Beyond the Criminal Law, Palgrave Macmillan, Basingstoke, pp. 92-111. P104.

36. Julich, S, Buttle, J, Cummins, C & Freeborn, E 2010, Project Restore: An Exploratory Study of Restorative Justice and Sexual Violence, AUT University, Auckland. P27.

37. Elva, T & Stranger, T 2016, ‘Our Story of Rape and Reconciliation’, retrieved from TEDWomen at https:// www.ted.com/talks/thordis_elva_tom_stranger_our_story_of_rape_and_reconciliation/transcript#t-1119043

117

sarah aBell: ClimBing oVer and knoCking down walls 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

Leo Ou-fan Lee, Shanghai Modern: The Flowering of a New Urban Culture in China, 1930 – 1945 (Cambridge, Mass.: Harvard University Press, 1999): 7.

Marie – Claire Bergére, “Civil Society and Urban Change in Republican China,” The China Quarterly 150 (1997): 313; Leo Ou-fan Lee, Shanghai Modern: The Flowering of a New Urban Culture in China, 1930 – 1945 (Cambridge, Mass.: Harvard University Press, 1999): 317, 318.

Weikun Cheng, City of Working Women: Life, Space, and Social Control in Early Twentieth Century Beijing (Berkeley: University of California Press, 2011): 9.

Francesca Bray, “Technics and Civilisation in Late Imperial China: An Essay in the Cultural History of Technology,” Orisis 13 (1998): 20.

Xiao Hu, “Boundaries and openings: spatial strategies in the Chinese dwelling,” Journal of Housing and the Built Environment 23, 4 (2008): 357.

Jianfei Zhu, Chinese Spatial Strategies: Imperial Beijing, 1420 – 1911 (London: Routledge Curzon, 2004): 49.

Xiao, “Boundaries and openings,” 366.

Weikun Cheng, City of Working Women: Life, Space, and Social Control in Early Twentieth Century Beijing (Berkeley: University of California Press, 2011): 10.

Bray, “Technics and Civilisation in Late Imperial China,” 11.

Xiao, “Boundaries and openings,” 363.

Ibid., 365.

Angela Sheng, “Introduction from the Guest Editor: Women’s Work, Virtue and Space: Change from Early to Late Imperial China,” East Asian Science, Technology and Medicine 36: 20.

Chen Xiefen, “Crisis in the Women’s World,” trans. Amy Dooling and Kristina Torgeson, in Writing Women in Modern China: An Anthology of Women’s Literature from the Early Twentieth Century, eds. Amy D. Dooling and Kristina M. Torgeson (New York: Columbia University Press, 1998): 85; Zhang Ruoming, “Vanguard Women,” trans. Hua R. Lan and Vanessa L. Fong, in Women in Republican China: A Sourcebook, eds. Hua R. Lan and Vanessa L. Fong (New York: M.E Sharpe, 1999): 197.

Sheng, “Introduction from the Guest Editor,” 20; Cheng, City of Working Women, 11.

Joan Judge, Republican Lens: Gender, Visuality, and Experience in the Early Chinese Periodical Press (Oakland: University of California Press, 2015): 150.

Cheng, City of Working Women, 65, 48; Ono Kazuko, Chinese Women in a Century of Revolution, 1850 – 1950, trans. Kathryn Bernhardt, Timothy Brook, Joshua A. Fogel, Jonathan Lipman, Susan Mann and Lauren Rhodes (Stanford, California: Stanford University Press, 1989): 102.

Shi Pingmei, “Lin Nan’s Diary,” trans. Amy Dooling and Kristina Torgeson, in Writing Women in Modern China: An Anthology of Women’s Literature from the Early Twentieth Century, eds. Amy D. Dooling and Kristina M. Torgeson (New York: Columbia University Press, 1998): 121, 127.

Lee, Shanghai Modern, 29; Shi “Lin Nan’s Diary,” 121.

Carol Schmid, “The ‘New Woman’, Gender Roles and Urban Modernism in Interwar Berlin and Shanghai,” Journal of International Women’s Studies 15, 1 (2014): 5; Cheng, City of Working Women, 48, 65.

Ono Kazuko, Chinese Women in a Century of Revolution, 1850 – 1950, trans. Kathryn Bernhardt, Timothy Brook, Joshua A. Fogel, Jonathan Lipman, Susan Mann and Lauren Rhodes (Stanford, California: Stanford University Press, 1989): 102.

Shi “Lin Nan’s Diary,” 121.

Ibid., 128.

Chen Xuezhao, “The Woes of the Modern Woman,” trans. Amy D. Dooling and Kristina M. Torgeson, in Writing Women in Modern China: An Anthology of Women’s Literature from the Early Twentieth Century, eds. Amy D. Dooling and Kristina M. Torgeson (New York: Columbia University Press, 1998): 171.

Amy. D Dooling and Kristine M. Torgeson, “Introduction,” in Writing Women in Modern China: An Anthology of Women’s Literature from the Early Twentieth Century, eds. Amy D. Dooling and Kristina M. Torgeson (New York: Columbia University Press, 1998): 12; Schmid, “The ‘New Woman’,” 8.

Judge, Republican Lens, 178; Christina Kelley Gilmartin, “Introduction,” in Women in Republican China: A Sourcebook, eds. Hua R. Lan and Vanessa L. Fong (New York: M.E Sharpe, 1999): xiii.

Hsiao-Pei Yen, “Body Politics, Modernity and National Salvation: The Modern Girl and the New Life Movement,” Asian Studies Review 29 (2005): 169; Ono Kazuko, Chinese Women in a Century of Revolution, 1850 – 1950, trans. Kathryn Bernhardt, Timothy Brook, Joshua A. Fogel, Jonathan Lipman, Susan Mann and Lauren Rhodes (Stanford, California: Stanford University Press, 1989): 102.

Feng Yuanjun, “Separation,” trans. Janet Ng, in Writing Women in Modern China: An Anthology of

118

28.

29.

30.

31.

32.

33.

34.

35.

36.

37.

38.

39.

40.

41.

42.

43.

44.

45.

Women’s Literature from the Early Twentieth Century, eds. Amy D. Dooling and Kristina M. Torgeson (New York: Columbia University Press, 1998): 107, 108; Lee, Shanghai Modern, 30; Schmid, “The ‘New Woman’,” 8.

Ding Ling, “Miss Sophia’s Diary,” trans. Tani E. Barlow and Gary J. Bjorge, in I Myself Am A Woman: Selected Writings of Ding Ling, eds. Tani E. Barlow and Gary J. Bjorge (Boston: Beacon Press, 1989): 67.

Zhang Shenfu, “The Great Inappropriateness of Women’s Emancipation,” trans. Hua R. Lan and Vanessa L. Fong, in Women in Republican China: A Sourcebook, eds. Hua R. Lan and Vanessa L. Fong (New York: M.E Sharpe, 1999): 169.

Carol Chin, “Translating the New Woman: Chinese Feminists View the West, 1905 – 15,” Gender & History 18, 3 (2006): 494; Gilmartin, “Introduction,” xiii, xii; Louise Edwards, “Policing the Modern Woman in Republican China,” Modern China 26, 2 (2000): 127; Francesca Dal Lago, “Crossed Legs in 1930s Shanghai: How ‘Modern’ the Modern Woman?,” East Asian History 19 (2000): 114.

Yen, “Body Politics, Modernity and National Salvation.” 173.

Edwards, “Policing the Modern Woman in Republican China,” 116.

Zhang, “The Great Inappropriateness of Women’s Emancipation,” 169.

Edwards, “Policing the Modern Woman in Republican China,” 121; Louise Edwards, “The Shanghai Modern Woman’s American Dreams: Imagining America’s Depravity to Produce China’s “Moderate Modernity”,” Pacific Historical Review 81, 4 (2012): 568.

Julie Broadwin, “Walking contradictions: Chinese Women Unbound at the Turn of the Century,” Journal of Historical Sociology 10, 4 (1997): 419; Dal Lago, “Crossed Legs in 1930s Shanghai,” 114; Yen, “Body Politics, Modernity and National Salvation,” 175.

Stephen Chan, “The Language of Despair: Ideological Representations of the “New Women” by May Fourth Writers,” Modern Chinese Literature 4 (1988): 19; Edwards, “Policing the Modern Woman in Republican China,” 125, 137.

Ding Ling, “Miss Sophia’s Diary,” 58; Schmid, “The ‘New Woman’,” 6.

Ka F. Wong, “Modernity, Sexuality and Colonial Fantasy in Ding Ling’s “Miss Sophia Diary” (1928),” Studies on Asia 4, 2 (2014): 119, 120.

Bray, “Technics and Civilisation in Late Imperial China,” 20.

For example: Yang Shihua, “Love and Socialising Between Men and Women,” trans. Hua R. Lan and Vanessa L. Fong, in Women in Republican China: A Sourcebook, eds. Hua R. Lan and Vanessa L. Fong (New York: M.E Sharpe, 1999): 44 – 45; Zhang, “The Great Inappropriateness of Women’s Emancipation,” 168 – 170.

Gilmartin, “Introduction,” xiii, ix, xi, xvi; Hua R. Lan and Vanessa L. Fong, “Part Three: Women’s Education: Editors’ Introduction,” in Women in Republican China: A Sourcebook, eds. Hua R. Lan and Vanessa L. Fong (New York: M.E Sharpe, 1999): 117.

Lan and Fong, “Part Three: Women’s Education,” 117; Charlotte Beahan, “In the Public Eye: Women in Early Twentieth – Century China,” Historical Reflections / Réflexions Historiques 8, 3 (1981): 223.

Chin, “Translating the New Woman,” 492.

Joan Judge, “Chinese Women’s History: Global Circuits, Local Meanings,” Journal of Women’s History 25, 4 (2013): 773.

Shi, “Lin Nan’s Diary,” 121.

119

CaTherine kirBy: afghani women and healThCare 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

Najafizada, SAM, Bourgeault, IL, Labonte, R 2017, ‘Social Determinants of Maternal Health in Afghanistan: A Review’, Central Asian Journal of Global Health, vol. 6, no. 1.

Parker, R & Sommer, M (eds) 2011, Routeledge Handbook of Global Public Health, Taylor and Francis, Ebook Central.

Goodson, LP, Siddique, A & Ullah, HK 2015, ‘The challenge of complexity: ethnicity and religion in Afghanistan and Pakistan’, Middle East Journal, vol. 69, no. 1, pp. 135-137.

Akseer, N, Salehi, AS, Hossain, SMM, Mashal, MT, Rasooly, H, Bhatti, Z, Rizvi, A & Bhutta, ZA 2016, ‘Achieving maternal and child health gainst in Afghanistan: a Countdown to 2015 country case study’, The Lancet Global Health, vol. 4, no. 6, pp. 395-413.

Dubitsky, S 1999, ‘The Health Care Crisis Facing Women Under the Taliban’, Human Rights Brief, vol. 6, no. 1, pp. 1-10.

Ibid.

Hirschkind, C & Mahmood, S 2002, ‘Feminism, the Taliban, and politics of counter-insurgency’, Anthropological Quarterly, vol. 75, no. 2, pp. 339-354.

See 4.

Din, IU, Mumtaz, Z & Ataullahjan, A 2012, ‘How the Taliban undermined community healthcare in Swat, Pakistan,’ British Medical Journal, vol. 344, no. 1, pp. 1-3.

Ronsmans, C & Graham, WJ 2006, ‘Maternal mortality: who, when, where, and why’, The Lancet, vol. 368, no. 9542, pp. 1189-1200.

Ibid.

Acerra, JR, Iskayan, K, Qureshi, ZA & Sharma, RK 2009, ‘Rebuilding the health care system in Afghanistan: an overview of primary care and emergency services’, International Journal of Emergency Medicine, vol. 2, no. 7, pp. 77-82.

See 4, 8.

Najafizada, SAM, Labonte, R & Bourgeault, IL 2017, ‘Stakeholder’s perspective: Sustainability of a community health worker program in Afghanistan’, Evaluation and Program Planning, vol. 60, no. 1, pp. 123-129.

Ibid.

See 4, 8, 13.

See 14, 15.

See 4, 8, 13, 16.

See 14, 15, 17.

Rosenfield, A & Maine, D 1985, ‘Maternal Mortality – A Neglected Tragedy: Where is the M in MCH?’, The Lancet, vol. 326, no. 8446, pp. 83-85.

Walley, J, lawn, JE, Tinker, A, de Francisco, A, Chopra, M, Rudan, I, Bhutta, ZA, Black, RE & The Lancet Alma-Ata Working Group 2008, ‘Primary health care: making Alma-Ata a reality’, The Lancet, vol. 372, no.

8, pp. 1001-1007.

Magnussen, L, Ehiri, J & Jolly, P 2004, ‘Comprehensive Versus Selective Primary Health Care: Lessons For Global Health Policy’, Health Affairs, vol. 23, no. 3, pp. 167-176.

See 4, 8, 13, 16, 18.

See 14, 15, 17, 19.

Ibid.

Barlett, L, Mawji, S, Whitehead, S, Crouse, C, Dalil, S, Ionete, D & Salama, P 2005, ‘Where giving birth is a forecast of death: maternal mortality in four districts of Afghanistan, 1999-2002’, The Lancet, vol. 365, no.

9462, pp. 864-870.

Bartlett, L, LeFevre, A, Zimmerman, L, Saeedzai, SA, Torkamani, S, Zabih, W & Tappis, H 2017, ‘Progress and inequities in maternal mortality in Afghanistan (RAMOS-II): a retrospective observational study’, The Lancet Global Health, vol. 5, no. 5, pp. 545-555.

Ibid.

Mayhew, M, Hansen, PM, peters, DH, Edward, A, Singh, LP, Dwivedi, V, Mashkoor A & Burnham, G 2008, ‘Determinants of Skilled Birth Attendant Utilization in Afghanistan: A Cross-Sectional Study’, American Journal of Public Health, vol. 98, no. 10, pp. 1849-1856.

World Health Organization (WHO) 2016, ‘WHO recommendations on antenatal care for a positive pregnancy experience’, Sexual and Reproductive Health, World Health Organization Publications.

120

31.

32.

33.

34.

35.

36.

37.

38.

39.

40.

41.

42.

43.

44.

45.

46.

47.

48.

49.

50.

51.

52.

53.

54.

55.

56.

57.

58.

59.

60.

61.

62.

See 26.

See 29.

Stand Holm, A 2008, Difficult Working Circumstances for Medical Staff in Afghanistan 2008, video recording, Produced by Cordaid, https://www.youtube.com/watch?v=-EL4HKTDARA. Marconi, AM 2007, ‘Postgraduate school of obstetrics and gynaecology and nongovernmental organizations: is collaboration possible?’, European Clinics in Obstetrics and Gynaecology, vol. 3, no. 1, pp. 55-57.

Gabbe, SG (ed.) 2017, Obstetrics: normal and problem pregnancies, Elsevier, Philadelphia.

Ibid.

See 33.

See 35, 36.

Faquir, M, Zainullah, P, Tappis, H, Mungia, J, Currie, S & Kim, YM 2015, ‘Availability and distribution of human resources for provision of comprehensive emergency obstetric and newborn care in Afghanistan: a cross-sectional study’, Conflict & Health, vol. 9, no. 1, pp. 1-12.

See 35, 36, 38.

Brabin, BJ, Hakimi, M & Pelletier, D 2001, ‘An Analysis of Anemia and Pregnancy-Related Maternal Mortality’, The Journal of Nutrition, vol. 131, no. 2, pp. 6045-6155.

Fathalla, M 2014, Why Did Mrs X Die, Retold, remake of the World Health Organization’s 1980 film, Produced by Hands On for Mothers and Babies, https://www.youtube.com/watch?v=gS7fCvCIe1k.

Viteri, FE 1994, ‘The consequences of iron deficiency and anaemia in pregnancy on maternal health, the foetus and the infant’, Hemoglobin, vol. 90, no. 310, pp. 250.

See 41.

Van den Briel, T, Cheung, E, Zewari, J & Khan, R 2007, ‘Fortifying food in the field to boost nutrition: case studies from Afghanistan, Angola, and Zambia’, Food and Nutrition Bulletin, vol. 28, no. 3, pp. 353-364.

Ibid.

See 14, 15, 17, 19, 24, 25.

Ibid.

Todd, CS, Isley, MM, Ahmadzai, M, Azfar, P, Atiqzai, F, Smith, JM, Ghazanfar, SAS, Strathdee, SA & Miller, S 2008, ‘Cross-sectional analysis of factors associated with prior contraceptive use among hospitalized obstetric patients in Kabul, Afghanistan’, Contraception, vol. 78, no. 3, pp. 249-256.

Conde-Agudelo, A, Rosas-Bermudez, A & Castano, F 2012, ‘Effects of Birth Spacing on Maternal, Perinatal, Infant, and Child Health: A Systematic Review of Causal Mechanisms’, Studies in Family Planning, vol. 43, no. 2, pp. 93-114.

Haider, S, Todd, C, Ahmadzai, M, Rahimi, S, Azfar, P, Morris, JL & Miller, S 2009, ‘Childbearing and Contraceptive Decision Making Amongst Afghan Men and Women: A Qualitative Analysis’, Health Care for Women International, vol. 20, no. 10, pp. 935-953.

Huber, D, Saeedi, N & Samadi, AK 2010, ‘Achieving success with family planning in rural Afghanistan’, Bulletin of the World Health Organization, vol. 88, no. 3, pp. 1-10.

Ibid.

United Nations Development Programme (UNDP) 2016, ‘Gender Inequality Index’, Human Development Report 2016: Human Development For Everyone, United Nations Human Development Programme Human Development Reports.

Moghadam, VM 1992, ‘Patriarchy and the Politics of Gender in Modernising Societies: Iran, Pakistan and Afghanistan’, International Sociology, vol. 7, no. 1, pp. 35-53.

Bahgam, S & Mukhatari, W 2004, ‘Study on Child Marriage in Afghanistan’, Medica Mondiale, (produced for Afghan Digital Libraries).

Ibid.

See 54.

World Health Organization (WHO), United Nations Population Fund, UNICEF 2015, ‘Pregnancy, Childbirth, Postpartum and newborn Care: A guide for essential practice’, Maternal, newborn, child and adolescent health. World Health Organization Publications.

Jain, S & Kruz, K 2007, ‘New Insights on Preventing Child Marriage: A Global Analysis of Factors and Programs’, United States Agency for International Development on behald of the International Center for Research on Women (ICRW).

Azemati, H 2011, ‘Investing in Women’s Education in Afghanistan’, Yale Journal of International Affairs, vol. 6, no. 1, pp. 21-24.

Trani, JF, Bakhshi, P, Noor, AA, Lopez, D & Mashkoor, A 2010, ‘Poverty, vulnerability, and provision of health

121

63.

64.

65.

66.

67.

68.

69.

70.

71.

72.

73.

74.

75.

76.

Anand, S, Peter F & Sen, A 2004, Public Health, Ethics and Equity, Oxford University Press, Oxford.

Ibid.

Yamin, AE, 2008, ‘Will We Take Suffering Seriously? Reflections on what applying a Human Rights Framework to health means and why we should care’, Health and Human Rights, vol. 10, no. 1, pp. 45-63.

Farmer, P 2005, Pathologies of Power: Health, Human Rights, and the New War on the Poor, University of California Press, Berkeley and Los Angeles, California, pg. 206.

Hestermeyer, H 2008, Human Rights and the WTO: The Case of Patents and Access to Medicines, Oxford University Press, Oxford.

Ibid.

Shiffman, J & Smith, S 2007, ‘Generation of political priority for global health initiatives: a framework and case study of maternal mortality’, The Lancet, vol. 370, no. 9595, pp. 13-19.

Ibid.

See 14, 15, 17, 19, 24, 25, 47, 48.

See 2.

Ibid.

Ibid.

Suhrke, A & Berdal, M (eds) 2012, The Peace In Between: Post-war violence and peacebuilding, Routeledge, London.

See 2, 72, 73, 74.

122

JessiCa grills: The role of CourT arChiTeCTure in our JusTiCe sysTem 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

31.

32.

33.

34.

35.

36.

Judith Resnik, Dennis Edward Curtis (2011), Representing Justice: Intervention, Controversy and Rights in City-states and Democratic Courtrooms, (Yale University Press), 198.

Ibid.,304.

Katherine Biber (2014) “Inside Jill Meagher’s handbag: looking at open justice”, Alternative Law Journal, Vol. 39, 2.

Judith Resnik, Dennis Edward Curtis (2011), Representing Justice: Intervention, Controversy and Rights in City-states and Democratic Courtrooms, (Yale University Press), 201.

JJ Spigelman “Seen To Be Done: The Principle of Open justice” (1999), Supreme Court LawLink NSW, http://www.supremecourt.justice.nsw.gov.au/Documents/spigelman_speeches_1999.pdf, Last Accessed: 4 June 2016, 23.

Kim Dovey (2009), Becoming Places: Urbanism/ Architecture/ Identity/ Power, (Routledge), 9.

Ibid.,13.

Anne Wagner, Richard K. Sherwin (2013), Law, Culture and Visual studies, (Springer Science & Business Media), 531.

Judith Resnik, Dennis Edward Curtis (2011), Representing Justice: Intervention, Controversy and Rights in City-states and Democratic Courtrooms, (Yale University Press), 203.

Kim Dovey (2009), Becoming Places: Urbanism/ Architecture/ Identity/ Power, (Routledge), 16.

Judith Resnik, Dennis Edward Curtis (2011), Representing Justice: Intervention, Controversy and Rights in City-states and Democratic Courtrooms, (Yale University Press), 200.

Jonathan Simon (2013), Architecture and Justice: Judicial Meanings in the Public Realm, (Routledge), 5.

Anne Wagner, Richard K. Sherwin (2013), Law, Culture and Visual studies, (Springer Science & Business Media), 520.

Jonathan Simon (2013), Architecture and Justice: Judicial Meanings in the Public Realm, (Routledge), 60.

Kim Dovey (2014), Framing Places: Mediating Power in Built Form, (Routledge), 84.

Anne Wagner, Richard K. Sherwin (2013), Law, Culture and Visual studies, (Springer Science & Business Media), 520.

Jonathan Simon (2013), Architecture and Justice: Judicial Meanings in the Public Realm, (Routledge), 61.

Judith Resnik, Dennis Edward Curtis (2011), Representing Justice: Intervention, Controversy and Rights in City-states and Democratic Courtrooms, (Yale University Press), 217.

Ibid.,208.

Kim Dovey (2014), Framing Places: Mediating Power in Built Form, (Routledge), 83.

Anne Wagner, Richard K. Sherwin (2013), Law, Culture and Visual studies, (Springer Science & Business Media), 536.

Laura Mulcahy (2011), Legal Architecture: Justice, Due Process and the Place of Law (Routledge), 38.

Judith Resnik, Dennis Edward Curtis (2011), Representing Justice: Intervention, Controversy and Rights in City-states and Democratic Courtrooms, (Yale University Press), 196.

Ibid.,218.

Anne Wagner, Richard K. Sherwin (2013), Law, Culture and Visual studies, (Springer Science & Business Media), 517.

Ibid.,532.

Ibid.,538.

Laura Mulcahy (2011), Legal Architecture: Justice, Due Process and the Place of Law (Routledge), 50.

Ibid.,50.

Robin West (1993), Narrative, Authority and Law, (University of Michigan Press), 30.

Judicial Conference of the United States (2007), U.S. Courts Design Guide, (Judicial Conference), 3-11.

Anne Bottomley, Nathan Moore (2007), “From Walls To membranes: Fortress Polis and the Governance of Urban Space in 21st century Britain”, Law and Critique, vol. 18, 174.

Judith Resnik, Dennis Edward Curtis (2011), Representing Justice: Intervention, Controversy and Rights in City-states and Democratic Courtrooms, (Yale University Press), 208.

Ibid.,196.

Anne Wagner, Richard K. Sherwin (2013), Law, Culture and Visual studies, (Springer Science & Business Media), 531.

Judith Resnik, Dennis Edward Curtis (2011), Representing Justice: Intervention, Controversy and Rights in City-states and Democratic Courtrooms, (Yale University Press), 218.

123

37.

38.

39.

40.

41.

42.

43.

44.

45.

46.

47.

48.

49.

50.

51.

52.

53.

54.

55.

56.

57.

58.

59.

60.

61.

62.

63.

64.

65.

66.

67.

68.

Anne Wagner, Richard K. Sherwin (2013), Law, Culture and Visual studies, (Springer Science & Business Media), 520.

Ibid.,536.

Anne Wagner, Richard K. Sherwin (2013), Law, Culture and Visual studies, (Springer Science & Business Media), 532.

Judith Resnik, Dennis Edward Curtis (2011), Representing Justice: Intervention, Controversy and Rights in City-states and Democratic Courtrooms, (Yale University Press), 208.

Ibid.,200.

Ibid.,200.

Anne Wagner, Richard K. Sherwin (2013), Law, Culture and Visual studies, (Springer Science & Business Media), 532.

Judith Resnik, Dennis Edward Curtis (2011), Representing Justice: Intervention, Controversy and Rights in City-states and Democratic Courtrooms, (Yale University Press), 196.

Laura Mulcahy (2011), Legal Architecture: Justice, Due Process and the Place of Law (Routledge), 56.

Ibid.,55.

Jonathan Simon (2013), Architecture and Justice: Judicial Meanings in the Public Realm, (Routledge), 61.

Ibid., 61.

Laura Mulcahy (2011), Legal Architecture: Justice, Due Process and the Place of Law (Routledge), 56.

Ibid., 56.

Kim Dovey (2009), Becoming Places: Urbanism/ Architecture/ Identity/ Power, (Routledge), 13.

Judith Resnik, Dennis Edward Curtis (2011), Representing Justice: Intervention, Controversy and Rights in City-states and Democratic Courtrooms, (Yale University Press), 197.

Kim Dovey (2009), Becoming Places: Urbanism/ Architecture/ Identity/ Power, (Routledge), 13.

Judith Resnik, Dennis Edward Curtis (2011), Representing Justice: Intervention, Controversy and Rights in City-states and Democratic Courtrooms, (Yale University Press), 203.

Anne Wagner, Richard K. Sherwin (2013), Law, Culture and Visual studies, (Springer Science & Business Media), 516.

Michel Foucault (1984), The Foucault Reader, (Pantheon Books), 10.

Anne Wagner, Richard K. Sherwin (2013), Law, Culture and Visual studies, (Springer Science & Business Media), 516.

Ibid., 531.

Kim Dovey (2009), Becoming Places: Urbanism/ Architecture/ Identity/ Power, (Routledge), 13.

Ibid., 15.

Trevor C.W Farrow (2014) Civil Justice, Privatization and Democracy, (University of Toronto Press), 44.

Kim Dovey (2009), Becoming Places: Urbanism/ Architecture/ Identity/ Power, (Routledge), 13.

Judith Resnik, Dennis Edward Curtis (2011), Representing Justice: Intervention, Controversy and Rights in City-states and Democratic Courtrooms, (Yale University Press), 301.

Laura Mulcahy (2011), Legal Architecture: Justice, Due Process and the Place of Law (Routledge), 38.

Kim Dovey (2009), Becoming Places: Urbanism/ Architecture/ Identity/ Power, (Routledge), 14.

Judith Resnik, Dennis Edward Curtis (2011), Representing Justice: Intervention, Controversy and Rights in City-states and Democratic Courtrooms, (Yale University Press), 302.

Laura Mulcahy (2011), Legal Architecture: Justice, Due Process and the Place of Law (Routledge), 56.

Anne Wagner, Richard K. Sherwin (2013), Law, Culture and Visual studies, (Springer Science & Business Media), 538.

124

Claudia Cameron: “uniVersal” human righTs: The ulTimaTe paradox 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

Weber, S 2002, ‘War, Terrorism, and Spectacle, or: On Towers and Caves,’ Grey Room, vol. 7, Spring, pp.

14–23. P16.

United Nations 1948, Universal Declaration of Human Rights, viewed 6 June 2017, < http://www.ohchr.org/ EN/UDHR/Documents/UDHR_Translations/eng.pdf> Žižek, S 2005, ‘Against Human Rights’, New Left Review, vol. 34, pp. 115-131. P129. Žižek, S 1993, 'The Violence of Liberal Democracy,' Assemblage, vol. 20, pp. 92-93. p92.

See 2.

See 2, 5. Žižek, S 2005, ‘Against Human Rights’, New Left Review, vol. 34, pp. 115-131. P118.

See 1. Žižek, S 2005, ‘Against Human Rights’, New Left Review, vol. 34, pp. 115-131. P120.

See 2, 5, 6.

See 2, 5, 6, 10. Žižek, S 2013, ‘If Nelson Mandela really had won, he wouldn't be seen as a universal hero,’ The Guardian, December 9, viewed June 6 2017, <theguardian.com> See 12.

See 1, 8.

Morsi, Y 2014, 'Coercing Confessions: Islamophobia and the demand for Muslim Loyalty,' ABC Religion and Ethics, October 1, viewed 7 June 2017, <www.abc.net.au/religion/> Althusser, L 1971, ‘Ideology and Ideological State Apparatuses’ in Lenin and Philosophy and other Essays, trans. B Brewster, Monthly Review Press, New York, pp. 127-186. P162. Žižek, S 2002, Welcome to the Desert of the Real: Five Essays on September 11 and Related Dates, Verso, London. P2.

Christodoulidis, E, Veitch, S 1994, ‘Terrorism and systems terror’, Economy and Society, vol. 23, no. 4, pp.

459-483.

Christodoulidis, E, Veitch, S 1994, ‘Terrorism and systems terror’, Economy and Society, vol. 23, no. 4, pp.

459-483. P460.

See 2, 5, 6, 10, 11.

125

ifeoma laTisha donnelan: arT, aBoriginaliTy, and disCourse 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

31.

32.

33.

Fosco, Coco, and Tracey Moffatt. "Tracey Moffatt." Bomb 64 (1998): 44-51.

Muecke, Stephen. “Available Discourses on Aborigines”. Textual Spaces: Aboriginality and Cultural Studies (1992): 19-35. Print.

Miley, Linda. White writing black: Issues of authorship and authenticity in non-Indigenous representations of Australian Aboriginal fictional characters. Diss. Queensland University of Technology, 2006. P19.

Muecke, Stephen. “Available Discourses on Aborigines”. Textual Spaces: Aboriginality and Cultural Studies (1992): 19-35. Print. P24.

Cruickshank, Joanna. 11 Apr 2011. “Darwin, race and religion in Australia”. ABC. Web. 12 Jun 2017.

Muecke, Stephen. “Available Discourses on Aborigines”. Textual Spaces: Aboriginality and Cultural Studies (1992): 19-35. Print. P30.

Muecke, Stephen. “Available Discourses on Aborigines”. Textual Spaces: Aboriginality and Cultural Studies (1992): 19-35. Print. P23.

Ibid., 32.

Bastian, Brock, and Haslam, Nick. 'Psychological essentialism and stereotype endorsement.’ Journal of Experimental Social Psychology 42.2 (2006): 228-235. P229.

Langton, Marcia. "Well, I Heard it on the Radio and I Saw it on the Television": An Essay for the Australian Film Commission on the Politics and Aesthetics of Filmmaking by and about Aboriginal People and Things.

Sydney: Australian Film Commission, 1993. P27.

Murray, Scott. "Tracey Moffatt." Cinema Papers 79 (1990): 19-22. P21.

Attwood, Bain. "The past as future: Aborigines, Australia and the (dis) course of history." In the Age of Mabo: History, Aborigines and Australia (1996).

Onus, Lin “Language and Lasers”. Blacklines: contemporary critical writing by Indigenous Australians. Ed. Michelle Grossman. Melbourne: Melbourne University Press, 2003. 92 - 97. Print. P48.

Night Cries: A Rural Tragedy. Dir. Tracey Moffatt. 1989. Film.

Onus, Lin. “Language and Lasers”. Blacklines: contemporary critical writing by Indigenous Australians. Ed. Michelle Grossman. Melbourne: Melbourne University Press, 2003. 92 - 97. Print. P47.

Langton, Marcia. "Well, I Heard it on the Radio and I Saw it on the Television": An Essay for the Australian Film Commission on the Politics and Aesthetics of Filmmaking by and about Aboriginal People and Things.

Sydney: Australian Film Commission, 1993. P31.

Brooks, Jodi, and Jayamanne, Laleen. "Kiss Me Deadly: Feminism and Cinema for the Moment." (1995): 77.

See 10.

Moffatt, Tracey & Williamson, Clare. “Fax Exchange” Eyeline Vol. 18 No. 1 Autumn 1992 6-8.

See 19.

See 10, 18.

See 19, 20.

Selinger-Morris, Samantha. “The secret lives of Tracey Moffatt”. Sydney Morning Herald. 30 Jul 2005. Web. 10 Jun 2017.

Nice Coloured Girls. Dir. Tracey Moffatt. 1987. Film.

Evans, Raymond, Kay Saunders, and Kathryn Cronin. Exclusion, exploitation, and extermination: race relations in colonial Queensland. Sydney: Australia and New Zealand Book Company, 1975. P103.

Humphreys, Amy. “Representations of Aboriginal women and their sexuality.” (2008).

Fredericks, Bronwyn. “Reempowering ourselves: Australian aboriginal women.” Signs: Journal of Women in Culture and Society 35.3 (2010): 546-550.

Newton, Gael. The memory theatre of Tracey Moffatt. National Gallery of Australia. N.p. 2 Feb 2000. Web. 10 Jun 2017.

See 14.

Muecke, Stephen. “Available Discourses on Aborigines”. Textual Spaces: Aboriginality and Cultural Studies (1992): 19-35. Print. P32.

Cruickshank, Joanna. 11 Apr 2011. “Darwin, race and religion in Australia”. ABC. Web. 12 Jun 2017.

Renes, Cornelius Martin. “The stolen generations, a narrative of removal, displacement and recovery.”

(2011): 30-49. P33.

Muecke, Stephen. “Available Discourses on Aborigines”. Textual Spaces: Aboriginality and Cultural Studies (1992): 19-35. Print. P31.

126

34.

35.

36.

37.

38.

39.

40.

41.

42.

43.

44.

45.

46.

47.

48.

Muecke, Stephen. “Available Discourses on Aborigines”. Textual Spaces: Aboriginality and Cultural Studies (1992): 19-35. Print. P32.

See 23.

Manne, Robert. The Way we Live Now: the controversies of the nineties. Text Publishing, 1998. P97.

Muecke, Stephen. “Available Discourses on Aborigines”. Textual Spaces: Aboriginality and Cultural Studies (1992): 19-35. Print. P30.

See 19, 20, 22.

Langton, Marcia. “Well, I Heard it on the Radio and I Saw it on the Television”: An Essay for the Australian Film Commission on the Politics and Aesthetics of Filmmaking by and about Aboriginal People and Things.

Sydney: Australian Film Commission, 1993. P10.

Gunstone, Andrew. ‘Reconciliation and the ‘Great Australian Silence’. Australian Political Studies Association Conference 2012. 2012. P1.

Ibid., 3.

See 19, 20, 22, 38.

Kaplan E.A, quoted in Langton, Marcia. “Well, I Heard it on the Radio and I Saw it on the Television”: An Essay for the Australian Film Commission on the Politics and Aesthetics of Filmmaking by and about Aboriginal People and Things. Sydney: Australian Film Commission, 1993. p27 Ibid., Langton, Marcia. “Well, I Heard it on the Radio and I Saw it on the Television”: An Essay for the Australian Film Commission on the Politics and Aesthetics of Filmmaking by and about Aboriginal People and Things.

Sydney: Australian Film Commission, 1993. P27.

Ibid., 11.

Ibid., 27.

See 19, 20, 22, 38, 42.

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