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Australian Historians and Historiography in the Courtroom
AUSTRALIAN HISTORIANS AND HISTORIOGRAPHY IN THE COURTROOM T ANYA JOSEV* This article examines the fascinating, yet often controversial, use of historians’ work and research in the courtroom. In recent times, there has been what might be described as a healthy scepticism from some Australian lawyers and historians as to the respective efficacy and value of their counterparts’ disciplinary practices in fact-finding. This article examines some of the similarities and differences in those disciplinary practices in the context of the courts’ engagement with both historians (as expert witnesses) and historiography (as works capable of citation in support of historical facts). The article begins by examining, on a statistical basis, the recent judicial treatment of historians as expert witnesses in the federal courts. It then moves to an examination of the High Court’s treatment of general works of Australian history in aid of the Court making observations about the past. The article argues that the judicial citation of historical works has taken on heightened significance in the post-Mabo and ‘history wars’ eras. It concludes that lasting changes to public and political discourse in Australia in the last 30 years — namely, the effect of the political stratagems that form the ‘culture wars’ — have arguably led to the citation of generalist Australian historiography being stymied in the apex court. CONTENTS I Introduction ............................................................................................................ 1070 II The Historian -
American Review of Politics Volume 37, Issue 1 31 January 2020
American Review of Politics Volume 37, Issue 1 31 January 2020 An open a ccess journal published by the University of Oklahoma Department of Political Science in colla bora tion with the University of Okla homa L ibraries Justin J. Wert Editor The University of Oklahoma Department of Political Science & Institute for the American Constitutional Heritage Daniel P. Brown Managing Editor The University of Oklahoma Department of Political Science Richard L. Engstrom Book Reviews Editor Duke University Center for the Study of Race, Ethnicity, and Gender in the Social Sciences American Review of Politics Volume 37 Issue 1 Partisan Ambivalence and Electoral Decision Making Stephen C. Craig Paulina S. Cossette Michael D. Martinez University of Florida Washington College University of Florida [email protected] [email protected] [email protected] Abstract American politics today is driven largely by deep divisions between Democrats and Republicans. That said, there are many people who view the opposition in an overwhelmingly negative light – but who simultaneously possess a mix of positive and negative feelings toward their own party. This paper is a response to prior research (most notably, Lavine, Johnson, and Steenbergen 2012) indicating that such ambivalence increases the probability that voters will engage in "deliberative" (or "effortful") rather than "heuristic" thinking when responding to the choices presented to them in political campaigns. Looking first at the 2014 gubernatorial election in Florida, we find no evidence that partisan ambivalence reduces the importance of party identification or increases the impact of other, more "rational" considerations (issue preferences, perceived candidate traits, economic evaluations) on voter choice. -
5.5 X 10 Long Title .P65
Cambridge University Press 978-0-521-51608-2 - A Concise History of Australia, Third Edition Stuart Macintyre Index More information INDEX Abbott, Tony, 275 and European diseases, 5, 19, 32 Abeles, Peter, 203 and European invasion, 13 Aboriginal Affairs, Department of, and federation, 145 239 flag, 289 Aboriginal people, 10, 188–90, Freedom Ride, 236 303–5 government policy on, 227–9, Arrernte people, 9 267, 298 art, 14, 289 Gurindji people, 227, 236 and Arthur Phillip, 31 Kamilaroi people, 62 assimilation, 189, 227–9 Kulin people, 67 Batjala people, 69 Kwiambal people, 62 Black Line, 61, 63–6 land rights, 67, 239, 267, 287, and Christianity, 49 288, 304 conflict with European settlers, language groups, 14 39, 49, 55, 56, 59–61, 65 life expectancy, 287 and the Constitution, 231, Link-Up agencies, 229 236 massacres, 60–5, 91, 105, 107 Coranderrk settlement, 106 Native Institution, 49 culture, 3, 13–15, 189, 289 Nglulungbara people, 69 Day of Protest and Mourning, in northern Australia, 105 17, 188 Northern Territory intervention, Dharuk people, 38 298 Djankawa story, 9 Nyungar people, 62 Dreamtime (Dreaming), 9, 14, pastoral workers, 105, 227, 236 16 political movement, 261 elimination of, 106, 146 population, 61, 145, 286 employment, 105, 287 protection of, 65, 105–8, 146 environmental management, 14 reconciliation, 267, 287, 289, Eora people, 14, 39 298 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-51608-2 - A Concise History of Australia, Third Edition Stuart Macintyre Index More -
THE HISTORY WARS CONTINUED? Professor Stuart Macintyre Dean, Faculty of Arts, University of Melbourne
3y ! -ANU-TOYOTA PUB LI C LECTURE SERIES THE AUSTRALIAN NATIONAL UNIVERSITY THIRD ANNUAL LECTURE presented by THE ANU ARCHIVES PROGRAM R FRIENDS OF THE NOEL BUTLIN ARCHIVES CENTRE THE HISTORY WARS CONTINUED? Professor Stuart Macintyre Dean, Faculty of Arts, University of Melbourne Wednesday 3 November 2004, 6pm Coombs Lecture Theatre, Building 9, Fellows Road, ANU This lecture is free and open to the public. Enquiries: 6125 2219 THE LECTURE A war is raging in historical circles. Divisions about how to interpret Australian history and the pol iticisation of the topic -seen in the vilification of Manning Clark as a 'Soviet spy', the Windschuttle/Reynolds dispute on Aboriginal history, and controversy over the National Museum - have split the profession. But the struggle seen in the 'History Wars' involves not only ideology and politics, but also how historians practise their profession. The use of evidence discovered and uncovered in the archives is at the heart of some of the key controversies in the History Wars. Research and interpretation are both essential to the historian's work and defending them to the public at large has become part of the historian's role in today's Australia. In this lecture, Professor Macintyre will draw on his experience of the History Wars and reflect on their implications for the present and future of historical scholarship in Australia. THE LECTURER Professor Stuart Macintyre has been Ernest Scott Professor of History at the University of Melbourne since 1990 and Dean of the Faculty of Arts since 1999 and has published widely on British and Australian history. -
American Exceptionalism and Government Shutdowns: a Comparative Constitutional Reflection on the 2013 Lapse in Appropriations Katharine G
Boston College Law School Digital Commons @ Boston College Law School Boston College Law School Faculty Papers 5-2014 American Exceptionalism and Government Shutdowns: A Comparative Constitutional Reflection on the 2013 Lapse in Appropriations Katharine G. Young Boston College Law School, [email protected] Follow this and additional works at: https://lawdigitalcommons.bc.edu/lsfp Part of the Administrative Law Commons, Comparative and Foreign Law Commons, Constitutional Law Commons, Law and Politics Commons, and the Legal History Commons Recommended Citation Katharine G. Young. "American Exceptionalism and Government Shutdowns: A Comparative Constitutional Reflection on the 2013 Lapse in Appropriations." Boston University Law Review (2014). This Article is brought to you for free and open access by Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Law School Faculty Papers by an authorized administrator of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. AMERICAN EXCEPTIONALISM AND GOVERNMENT SHUTDOWNS: A COMPARATIVE CONSTITUTIONAL REFLECTION ON THE 2013 LAPSE IN APPROPRIATIONS KATHARINE G. YOUNG∗ INTRODUCTION ............................................................................................... 991 I. THE U.S. SHUTDOWN AND POLITICAL DYSFUNCTION ......................... 993 II. COMPARATIVE PERSPECTIVES ON LEGISLATIVE FINANCIAL IMPASSE .............................................................................................. -
A Concise History of Australia
A Concise History of Australia Third Edition STUART MACINTYRE '. ..., '. ..' CAMBRIDGE . ::: UNIVERSITY PRESS CAMBRIDGE UNIVERSITY PRESS Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, Sao Paulo, Delhi Cambridge University Press 477 Williamstown Road, Port Melbourne, VIC 3207, Australia Published in the United States of America by Cambridge University Press, New York www.cambridge.org Information on this title: www.cambridge.org/9780FI5I6082. © Stuart Macintyre 2.009 First published 1999 Second edition 2.004 Reprinted 2.005, 2006, 2008 Third edition 2009 Cover design by David Thomas Design Typeset by Aptara Printed in China by Printplus A catalogue record for this publication is available from the British Library National Library of Australia Cataloguing in Publication data Macintyre, Stuart, 1947- A concise history of Australia I Stuart Macintyre 3'd ed. 9780FI5I6082 (hbk.) 9780521735933 (pbk.). Includes index. Bibliography Aboriginal Australians - History. Republicanism - Australia. Australia - History. Australia - Politics and government. Australia - Environmental conditions IL) 994 "1 t 1.'1'/I (3) 978-0-';-'21-51608-2. hardback 30:. C])f 11 /3 O/ IIBN ISBN 978-0-521-73593-3 paperback Reproduction and communication for educational purposes The Australian Copyright Act 1968 (the Act) allows a maximum of ",bib,4/; one chapter or 10% of the pages of this work, whichever is the greater, .i:I' 0".... ' to be reproduced and/or communicated by any educational institution 1! "'? .. for its educational purposes provided that the -
The Political Science Program in the Australian National University's
Democratic Audit of Australia – December 2005 The Mathematics of Democracy: Is the Senate really proportionally representative?1 Scott Brenton Australian National University Former Prime Minister Paul Keating memorably described the Senate, when the Democrats and Greens shared the ‘balance of power’, as ‘unrepresentative swill’. After the Liberal-National Coalition government won a Senate majority at the 2004 federal election that description has assumed an unintended – and at least partially accurate – meaning. Whilst most discussion has focused on the implications of the executive gaining control of the legislature for the first time in almost two-and-a-half decades, of greater concern is that the majority of voters did not vote for the Coalition in the Senate. The Coalition parties2 only received 45.09 per cent of the first preference vote in the Senate but won 21 of the 40 seats up for election, or 52.5 per cent of the seats. In Queensland – the state that delivered the Coalition its majority at the last election – the Liberal Party won half the seats with only 38.29 per cent of first preferences, whilst the National Party won only 6.61 per cent of first preferences. National Party Senator Barnaby Joyce, the self-proclaimed balance-of-power holder, won his seat with less than half a quota on first preferences, and after a 2.55 per cent swing against the Nationals from the previous election. How proportionally representative is the Senate’s electoral system? As many eminent psephologists note – including Antony Green3, Campbell Sharman4 and Malcolm Mackerras5 – the Senate’s electoral system of Proportional Representation 1 Thanks to Marian Sawer, Antony Green and John Uhr for suggesting some useful references and to Peter Brent and an anonymous reviewer for editorial advice. -
Earle Page and the Imagining of Australia
‘NOW IS THE PSYCHOLOGICAL MOMENT’ EARLE PAGE AND THE IMAGINING OF AUSTRALIA ‘NOW IS THE PSYCHOLOGICAL MOMENT’ EARLE PAGE AND THE IMAGINING OF AUSTRALIA STEPHEN WILKS Ah, but a man’s reach should exceed his grasp, Or what’s a heaven for? Robert Browning, ‘Andrea del Sarto’ The man who makes no mistakes does not usually make anything. Edward John Phelps Earle Page as seen by L.F. Reynolds in Table Talk, 21 October 1926. Published by ANU Press The Australian National University Acton ACT 2601, Australia Email: [email protected] Available to download for free at press.anu.edu.au ISBN (print): 9781760463670 ISBN (online): 9781760463687 WorldCat (print): 1198529303 WorldCat (online): 1198529152 DOI: 10.22459/NPM.2020 This title is published under a Creative Commons Attribution-NonCommercial- NoDerivatives 4.0 International (CC BY-NC-ND 4.0). The full licence terms are available at creativecommons.org/licenses/by-nc-nd/4.0/legalcode This publication was awarded a College of Arts and Social Sciences PhD Publication Prize in 2018. The prize contributes to the cost of professional copyediting. Cover design and layout by ANU Press. Cover photograph: Earle Page strikes a pose in early Canberra. Mildenhall Collection, NAA, A3560, 6053, undated. This edition © 2020 ANU Press CONTENTS Illustrations . ix Acknowledgements . xi Abbreviations . xiii Prologue: ‘How Many Germans Did You Kill, Doc?’ . xv Introduction: ‘A Dreamer of Dreams’ . 1 1 . Family, Community and Methodism: The Forging of Page’s World View . .. 17 2 . ‘We Were Determined to Use Our Opportunities to the Full’: Page’s Rise to National Prominence . -
The States and Territories Ferran Martinez I Coma and Rodney Smith
9 The States and Territories Ferran Martinez i Coma and Rodney Smith In November 2015, Bill Shorten declared that, if elected, his government would provide $100 million towards the construction of a new Townsville football stadium. The Queensland Labor government would match the funding. The stadium would primarily serve as the home ground for the newly crowned NRL Premiership winners, the North Queensland Cowboys (Australian Labor Party (ALP) 2015). In the months leading up to the 2016 federal election, Shorten continued to promote his stadium proposal, challenging the Coalition to equal his commitment (Peel 2016). Business analysts criticised Labor’s plan, while the Coalition remained uncommitted (Ludlow 2016). During the fourth week of the election campaign, after the Queensland government announced it would increase its funding to $140 million, Malcolm Turnbull matched Shorten’s stadium promise as part of a broader ‘City Deal’ for Townsville. The State’s Assistant Minister for North Queensland welcomed this new bipartisanship, while criticising the time it took Turnbull to make his promise (Australian Broadcasting Corporation (ABC) 2016; Liberal Party of Australia (LPA) 2016b). Townsville’s football stadium illustrates some of the ways in which federalism and party competition interact in Australian federal elections. The fact that Labor controlled the State government gave federal Labor the possibility of an initiative that created policy and electoral dilemmas for the federal Coalition. As events transpired, the Queensland government was able to leverage State infrastructure funding from both federal major 211 DOUBLE DISILLUSION parties. Had the Queensland government been in Liberal–National Party (LNP) hands, as was the case until early 2015, the dynamics of the stadium decision would have been quite different. -
Biographies and Autobiographies of Historians, Edited by Doug Munro and John G
11 Country and Kin Calling? Keith Hancock, the National Dictionary Collaboration, and the Promotion of Life Writing in Australia1 Melanie Nolan Australian historians and ego-histoire In his international comparison of history, historians and autobiography in 2005, Jeremy D. Popkin concluded that Australian historians were early to, and enthusiastic about, the ego-histoire movement or the ‘setting down [of] one’s own story’. Australians anticipated Pierre Nora’s collection of essays, Essais d’ego-histoire, which was published in 1987.2 They had already founded ‘a series of autobiographical lectures in 1984’, which resulted in a number of publications, and Australian historians’ memoirs thereafter appeared at a rate of more than one a year.3 When he considered Australian 1 I thank Ann Curthoys and the editors for their comments on an earlier draft. 2 Pierre Nora ed., Essais d’ego-histoire (Paris: Gallimard, 1987), 7. 3 Jeremy D. Popkin, History, Historians, & Autobiography (Chicago/London: University of Chicago Press, 2005), 74. In ‘Ego-histoire Down Under: Australian Historian-Autobiographers’, Australian Historical Studies, 38:129 (2007), 110, doi.org/10.1080/10314610708601234, Popkin dates the Australian memoir bulge from 1982 when collective projects including ‘a volume of professional women’s narratives, The Half-Open Door, which appeared in 1982, and the four volumes of essays starting with the Victorian History Institute’s 1984 forum in which R.M. Crawford, Manning Clark and Geoffrey Blainey participated’. Patricia Grimshaw and Lynne -
Australian Electoral Systems — How Well Do They Serve Political Equality?
Australian Electoral Systems — How Well Do They Serve Political Equality? Prepared by Graeme Orr Law Faculty Griffith University, Brisbane for the Democratic Audit of Australia Political Science Program Research School of Social Sciences The Australian National University Report No. 2 The Democratic Audit of Australia—Testing the Strength of Australian Democracy An immigrant society PAGE ii The opinions expressed in this paper are those of the author and From 2002 to 2004 the Political Science Program in the Australian National PAGE iii should not be taken to represent the views of either the University’s Research School of Social Sciences is conducting an audit to assess Democratic Audit of Australia or The Australian National University Australia’s strengths and weaknesses as a democracy. © The Australian National University 2004 The Audit has three specific aims: ISBN paperback 0-9751925-0-7, online 0-9751925-1-5 (1) Contributing to Methodology: To make a major methodological Cover: Polling day, 10 November 2001, in Burnside, South Australia. contribution to the assessment of democracy—particularly through the Thanks to the Australian Electoral Commission for this image. study of federalism and through incorporating disagreements about National Library of Australia Cataloguing-in-Publication data: ‘democracy’ into the research design; Orr, Graeme. (2) Benchmarking: To provide benchmarks for monitoring and international Australian electoral systems, how well do they serve political equality? comparisons—our data can be used, for example, to track the progress of Bibliography. government reforms as well as to compare Australia with other countries; ISBN 0 9751925 0 7 (3) Promoting Debate: To promote public debate over democratic issues and ISBN 0 9751925 1 5 over how Australia’s democratic arrangements might be improved. -
Different Historical Cases Is a Valuable Supplement to the Book. There Is
Book Reviews Book Reviews different historical cases is a valuable The Fuss That Never Ended: Some of the criticism is tacitly supplement to the book. There is also The Life and Work of Geoffrey acknowledged as philosophical a subject index. Blainey difference. However, annoyingly, The book demonstrates that Edited by Deborah much of it becomes a critique of inflation is a man-made phenomenon Gare, Geoffrey Bolton, Blainey’s value as a historian for and therefore can be undone by Stuart Macintyre and the heinous crime of failing to human action. Politicians and Tom Stannage appreciate the centrality of each central bankers, who claim to be Melbourne University Press, writer’s historical specialty to the overwhelmed by some supernatural 2003, 236 pp, $39.95 telling of the Australian story. What power and are helpless in the face of ISBN 0522 85034 0 seems to escape these historians is inflation, only reveal that they lack that, while the topics to which they the will to create that most precious n 1994, a book of essays about have devoted such study may have of social assets: sound money. Ione of Australia’s two most famous merit, it is not compulsory that they For the benefit of the general and influential historians appeared. be given a central place in everybody reader, formal models are kept to Edited by Carl Bridge, Manning else’s work. a minimum; they are, moreover, Clark: Essays On His Place in History The great irony is, of course, that asterixed and can be skipped without is an excellent collection of well- Blainey’s writings have covered a far losing the thread of the argument.