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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 -
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. -
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 -
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 -
New Books January – June 2021 Our Team
The discussion starts here NEW BOOKS JANUARY – JUNE 2021 OUR TEAM Greg Bain, Acting Director [email protected] Sarah Cannon, Senior Marketing Coordinator [email protected] New and forthcoming books 2 Joanne Mullins, Coordinator [email protected] Award winners and shortlisters 22 Les Thomas, Designer Recent highlights 24 [email protected] Sam van der Plank, Publishing Officer Backlist 25 [email protected] How to order and distributors 37 About our eBooks and open access books 37 Monash University Publishing Monash University Level 2, Matheson Library Annexe 44 Exhibition Walk, Clayton Campus Wellington Road Clayton VIC 3168, Australia +6 13 9905 0590 [email protected] www.publishing.monash.edu Follow us on Facebook, Twitter, Instagram and LinkedIn CONTENTS New and forthcoming books 2 Award winners and shortlisters 22 Recent highlights 24 Backlist 25 How to order and distributors 37 About our eBooks and open access books 37 NEW AND FORTHCOMING BOOKS EVE LANGLEY AND THE PEA PICKERS By Helen Vines ‘Eve Langley’s strange story, its secrets and silences, has baffled many literary sleuths’ Brenda Niall ‘Such skilful literary detective work into one of Australia’s most astonishing and misunderstood writers’ Cathy Perkins Autobiography or fiction? This question has shadowed the work of enigmatic Australian author Eve Langley since her first novel, The Pea Pickers, was published in 1942. Almost immediately after, Eve was committed to a mental asylum in Auckland where she remained for more than seven years, separated from her three RRP: AUD/US $34.95 | May 2021 young children. Hailed as a tour de force, The Pea ISBN (paperback): 9781922464392 Pickers was based on Eve’s real-life experiences in the 1920s and tells the story of two feisty sisters who wander the Australian countryside dressed as men magazine and she co-authored seeking work and adventure. -
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. -
Australia and Britain at Empire's End
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Sydney eScholarship A “Foreign” Country? Australia and Britain at Empire’s End. Greta Beale A thesis submitted in partial fulfillment of the requirements for the degree of B.A. (Advanced)(Hons) in History. University of Sydney October 2011 − Acknowledgements – ____________________________________________________________________________________________ I would like to firstly thank my supervisor Dr. James Curran for his patience, support and for sharing with me his incredible knowledge and passion for Australian political history. Your guidance was invaluable and much appreciated. I would also like to thank the 2011 honours coordinator, Dr. Kirsten McKenzie, for guiding me in the right direction and for her encouraging words. To the staff at Fisher Library, the National Library of Australia and the National Archives of Australia, your assistance in the research stages of the thesis was so helpful, and I thank you for going above and beyond your respective roles. To my family, I thank you for talking me through what sometimes seemed an overwhelming task. To Dad and Sasha, my calming influences, and to Mum, for her patient and precise proof reading, day trips to Canberra, and for listening with genuine interest to my ongoing discussions about the finer details of the Anglo- Australian relationship, many, many thanks. 2 - Contents - _____________________________________________________________________ Acknowledgements 2 Introduction Disentangling From Empire 4 Chapter 1 The Myth of “Civic Britannicus Sum” The United Kingdom Commonwealth Immigration Act 27 Chapter 2 “Austr-aliens” The Commonwealth Immigration Act, 1971. 49 Chapter 3 “Another tie is loosed” The transfer of responsibility for Australia House, 1972. -
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 Australian History Summit, 17 August 2006 Biographical Details Of
THE AUSTRALIAN HISTORY SUMMIT, 17 AUGUST 2006 BIOGRAPHICAL DETAILS OF SUMMIT PARTICIPANTS Mr Andrew Barnett, Year 12 Level Co-ordinator and Senior Teacher, Ruyton Girls' School Mr Barnett is Year 12 Level Co-ordinator (Pastoral Care) and Senior Teacher of Economics, History and Politics at Ruyton Girls' School, Kew in Victoria. He has an MA in History, a BA and a Dip Ed from La Trobe University. He has taught in the Humanities discipline (Secondary Level -Years 7 to 12) for over 30 years in a range of Victorian schools including Thomastown High School, Heidelberg High School, Camberwell Grammar School, Trinity Grammar School, Lauriston Girls' School and (since 2001) Ruyton Girls' School. He has taught History, Social Sciences/Studies, Economics (including the International Baccalaureate), Politics, Asian Studies and Philosophy (from Years 7-12). Concurrently, he has served as Year 9/10 Social Sciences Co-ordinator (Camberwell Grammar), Co-ordinator of Asian/Australian Studies (Lauriston), Head of Economics/Politics Department (Lauriston), Senior House-Master (Lauriston), Co-ordinator of Pastoral Care for Years 9/10 and 12 (Ruyton), and an Acting Deputy Principal for Student Administration (Lauriston). Emeritus Professor Geoffrey Blainey AC, Ernest Scott Professor of History, University of Melbourne (1977-1988), Chancellor of the University of Ballarat (1994-1998) Emeritus Professor Blainey has published over 30 books on Australian history and world history. He is a Fellow of the Academy of Social Sciences in Australia and the Academy of the Humanities in Australia. He studied History at the University of Melbourne under R M Crawford and worked as a freelance historian, pioneering the field of business history with The Peaks of Lyell; Gold and Paper: a History of the National Bank of Australasia; and Mines in the Spinifex. -
2 Nation and Assimilation: Continuity And
2 Nation and Assimilation: Continuity and Discontinuity in Aboriginal Affairs in the 1950s Russell McGregor 'Assimilation means that eventually, as they make progress, all the aboriginal people are to live as we do.' I In this succinct formulation, Paul Hasluck, Commonwealth Minister for Territories and leading architect of assimilation policies, registered both assimilation's continuities with earlier policies and its points of novelty. As the model whom Aboriginal people were to emulate, 'we'-white Australians-would clearly remain the source oflegitimacy in political and social relationships. Yet by upholding a vision of social 'progress' and by opening the door to 'our' way oflife to all Aborigines, assimilation entailed a significant shift in the relationship between the settler nation a~d the Indigenous peoples. For the preceding hundred years and more, the dominant view was that Aborigines were innately incapable of 'progress'; that their racial constitution debarred them from ever living 'as we do'; that, indeed, they had little time to live at all, their inherent antipathy to modemity dooming them to extinction.2 Assimilation necessarily entailed a repudiation of the doomed race prognosis, a rejection, or at least dilution, of the long-held assumption of innate Aboriginal primitivity, and some faith in their capacity to become 'civilised' and thereby citizens of a modem national state. To that extent, assimilation was an optimistic doctrine. At the same time, it was profoundly pessimistic about the prospects of Aborigines maintaining existence on any terms other than by living 'as we do'. As a 1958 Commonwealth report explained, assimilation meant 'that to survive and prosper the numerically small aboriginal group, within a vastly larger white Australian group, must leam to live and work and think as the majority do'.3 According to Stuart Macintyre, 'Assimilation has been the aim of govemment policy toward Aborigines for much of the nineteenth and twentieth centuries'. -
Western Australian History – the Next Assignments Address to the History Council of Western Australia
HISTORICAL PRACTICE WESTERN AUSTRALIAN HISTORY – THE NEXT ASSIGNMENTS ADDRESS TO THE HISTORY COUNCIL OF WESTERN AUSTRALIA Geoffrey Bolton, Emeritus Professor of History and Chancellor of Murdoch University Correspondence to Geoffrey Bolton: [email protected] When Pope Alexander VI in 1494 divided the world between Portuguese and Spanish spheres of influence he can never have imagined that he was creating Western Australia. By placing the dividing line of longitude at a point which would give Brazil to Portugal he inadvertently ensured that the western third of the then unknown Australian continent would lie in the Portuguese zone while the rest went to Spain. Three centuries later when the British asserted sovereignty over Australia they at first laid claim only to the former Spanish sphere of influence, at first east of longitude 135 and subsequently as far as the ‘Pope’s line’ at longitude 129 degrees. It has been suggested that the failure to annex Western Australia was due to respect for the British East India Company, who could be seen as inheriting the shadowy Portuguese entitlement in the Indian Ocean region. When in 1826 Governor Darling eventually sent a garrison to show the flag at King Georges Sound, now the site of Albany, the East India Company’s authority had waned and it seemed necessary to discourage foreign powers from laying claim to Western Australia. Soon afterwards Captain James Stirling established the Swan River Colony and Western Australia was defined as all that part of the continent lying west of longitude 129 east. For much of its length this boundary line has some justification, as the Nullarbor Plain and the Great Sandy Desert are geographic features which might well foster a sense of separateness; however there is little logic in dividing the Kimberley district from the western part of the Northern Territory.