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Chapter 1 introduces the topic of historical abuses of states and churches. The chapter outlines the existing and related conceptions of justice that may inform a response to historical abuses and positions transitional justice as the dominant but flawed approach to addressing the violent aspects of the past. The third section considers the application of these justice approaches to the context of historical abuses of Western states and Christian churches. The final section previews the remaining chapters of the book.
Chapter 4 considers power as essential to understanding who is legally liable and who is socially and politically responsible, for addressing historical-structural injustices. The chapter outlines competing conceptions of power, preferring and applying political scientist Mark Haugaard’s four-dimensional conception of power to address the complexities of historical-structural injustices, namely power as agency, structure, epistemic, and ontological power. The chapter then examines the role of national and religious myths as justification narratives that maintain existing distributions and structures of power and construct limitations in addressing the past in transitional justice. As a result, it argues that changes in the distribution of power are central to addressing historical-structural injustices, which have coalesced to form national and religious myths that support the existing distributions of power and modern national and religious identities.
Chapter 10 argues the practices and discourses of reconciliation have tended to operate as a form of inappropriate and premature settlement or closure of the grievances of victim-survivors and their descendants. To encourage victim-survivors and a society to pursue reconciliation in the absence of addressing other elements of transitional justice may operate as a reaffirmation of the power structures of states and churches. While the experience of Canada and Australia contains an explicit reconciliation discourse and practice, in the absence of significant change in and imagination regarding power relationships in those societies, they join the United States, Ireland, and the United Kingdom in remaining deeply unreconciled societies. In addition, the reconciliation practice of the Catholic church regarding historical abuse demonstrates its inability to effectively self-critique in its processes of reconciliation.
Chapter 11 concludes the book by arguing that absent consideration of structural injustice, power, and emotions, transitional justice may be used to legitimate structures of power and emotional narratives that continue to subordinate and marginalise historically abused groups and individuals. It concludes that a different conception of progress and transition is required to navigate the meaning of historical abuses for the legitimacy of Western liberal democracies and Christian churches. On this account, the book concludes, transition and transformation are matters of the character of progress itself, progress that lives in the tension between wrongs that ‘can never be repaired and must never be forgotten’.
The Tŝilhqot’in Nation has had ample experience exercising its laws and jurisdiction to manage emergencies during record-breaking wildfires and the COVID-19 pandemic. Despite the Nation’s unique opportunity to formally describe and advance its jurisdiction through its landmark Aboriginal title declaration and beyond, in these crises, Crown actors have defaulted to well-worn patterns of colonialism. Through a detailed analysis of recent Tŝilhqot’in experiences of emergency, we argue that provincial and federal responses to these extreme events reveal constitutional habits: patterns of decision-making that emerge in the immediate response to an emergency, so as to appear automatic. Crown emergency responses assume exhaustive Crown jurisdiction and its corollary erasure and dispossession of Tŝilhqot’in jurisdiction. Fortunately, however, habits can change. We show how Tŝilhqot’in responses to emergency reveal alternate constitutional possibilities: habits of coordination, which, through their attention to responsible relationships, build capacity to respond to emergencies and, more broadly, a changing world.
In this book, James Gallen provides an in-depth evaluation of the responses of Western States and churches to their historical abuses from a transitional justice perspective. Using a comparative lens, this book examines the application of transitional justice to address and redress the past in Ireland, Australia, Canada, the United States and United Kingdom. It evaluates the use of public inquiries and truth commissions, litigation, reparations, apologies, and reconciliation in each context to address these abuses. Significantly, this novel analysis considers how power and public emotions influence, and often impede, transitional justice's ability to address historical-structural injustices. In addressing historical abuses, power fails to be redistributed and national and religious myths are not reconsidered, leading Gallen to conclude that the existing transitional justice efforts of states and churches remain an unrepentant form of justice. This title is also available as Open Access on Cambridge Core.
The idea of ‘home’ had long served as a pervasive metaphor for transoceanic British belonging, routinely employed to invoke patterns of long-distance intimacy. With the onset of decolonization, however, these everyday assumptions came under scrutiny. The colonial administration of Kenya took remedial action in 1947 in the form of a wedding gift to Prince Elizabeth and the Duke of Edinburgh - a home of their own in the foothils of Mt. Kenya. The symbolism of a permanent Royal residence in the heart of Africa was meant to ensure that ‘home’ retained a sense of long-range reciprocity. But by the time the royal couple took possession of Sagana Lodge in February 1952, the violent incursions of the ‘Mau Mau’ insurgency had arrived on their doorstep. Throughout the ensuing crisis, familiar depictions of the settler home appeared graphically in British newspapers and newsreels. The violation of British notions of ordered domesticity became a potent means of mobilizing empathy for the embattled settler community of Kenya, widely depicted as ordinary Britons abroad in need of extraordinary relief measures. The intersecting story of Sagana Lodge, the Monarchy and the domestic horror of Mau Mau provides a unique window into the eclipse of Greater Britain in Africa’s settler heartland, revealing the limits of home as an enduring symbol of Britain’s spurious place in Africa.
Premier of Alberta Danielle Smith's comments comparing the Alberta Sovereignty within a United Canada Act to the Indian Act have sparked widespread outrage and condemnation. Premier Smith would later clarify that these remarks were intended to demonstrate that Alberta and First Nations have a “common problem” with Ottawa. In this brief article, we argue that these comments, as well as the act itself, can be analyzed using Jerald Sabin's contested colonialism framework. We then provide a brief critical discussion of what our analysis means for Canadian politics by addressing the possible intentions and harms of the comments.
Situated within contemporary studies of Cormac McCarthy’s work, this article argues that existing discourse around Cormac McCarthy’s novel Blood Meridian suffers from a lack of critical engagement with the novel’s racial and colonial politics. Using racial capitalism as a framework, the article posits that McCarthy’s novel can be read not only as a story about American storytelling traditions, but how these traditions are themselves contingent on the reproduction and reification of white supremacy. This rereading of Blood Meridian additionally takes into account how the novel’s narrativization of white supremacy and settler colonialism manifests in both the novel’s form and content, arguing that the novel stages encounters with blackness and Indigeneity to mimic the mechanisms through which white supremacy was (violently) produced.
The experiences of John William Bannister as Chief Justice of Sierra Leone are brought into conversation with those of his brother Thomas Bannister, a settler in Australia, as both tried urgently to mobilize the global resources of empire to rescue failing family fortunes. In Sierra Leone, John William Bannister tried to administer impartial justice in a deeply racialized context. Thomas was one of the ‘pioneers’ in the Swan River colony in western Australia and an investor in the project of Van Diemen’s Land settlers to colonize Kulin lands in what would become the colony of Victoria, in the aftermath of genocidal violence in Van Diemen’s Land (Tasmania). He promoted consensual colonialism through treaties, echoing his brother Saxe, former Attorney General of New South Wales. The chapter examines the invasion of Australia, including violence against Indigenous peoples, ‘exploration’, ecological change including the importation of livestock, British elite patronage and the highly controversial effort of disingenuous settlers to create a treaty with the Kulin. The chapter closes with comparison between West Africa and Australian coastal colonies in the 1820s and 30s, disparate sites along the sea lanes of empire tenuously linked by imperial markets, military control and common justificatory ideologies.
The introduction traces the main arguments of the book and provides an overview of key events discussed. It begins with the Sullivan Campaign of the American Revolution. This campaign ethnically cleansed Haudenosaunee people from territory that would later be ceded by the British to the Americans after the Revolution. The chapter asks what this campaign can tell us about the larger history of Indigenous–settler relationships. Among other things, it takes the campaign as an example of the rejection of real and fictive kinship ties between Indigenous peoples and settlers that was, I argue, a necessary precursor to the creation of settler nations. At the same time, some prominent imperial policy makers would struggle, as the book to come will also argue, to maintain different conceptions of Indigenous–imperial kinship in an effort to create a manageable and moral colonialism. The introduction outlines the book’s methodology of using microcosmic analyses to illuminate a macroscopic process: the project of British settler colonialism as it sprawled across time and space during this critical period of the creation and consolidation of settler colonial states. It gives an overview of pertinent scholarship and describes the topics of chapters to come.
La participation des Autochtones aux institutions démocratiques canadiennes (que ce soit par le vote, le fait de se présenter à une élection ou d’être député ou sénateur) fait l'objet d'un grand débat dans la littérature décoloniale. Certains auteurs considèrent ces actions comme étant incompatibles avec les mouvements d'autodétermination pendant que d'autres les encouragent en considérant que la participation peut bénéficier aux mouvements d'autodétermination. Par un état des lieux de la littérature décoloniale sur ce sujet, cet essai critique constate que cette mésentente entre les auteurs concernant la compatibilité ou non de la participation avec les mouvements d'autodétermination vient d'une acception différente des contours que devraient prendre l'autodétermination des nations autochtones et le processus devant y mener. Ainsi, il existe une première catégorie d'auteurs, que nous qualifions de « tenants de l'autodétermination incompatible ». Ces derniers établissent que l’État colonial d’établissement est totalisant ; il est donc impossible de le changer de l'intérieur. En outre, les sociétés allochtones et autochtones ne partagent pas les mêmes systèmes de valeurs et de pensées. Il en résulte que les mouvements d'autodétermination doivent se concentrer exclusivement sur la résurgence des sociétés autochtones en dehors des institutions de l’État colonial d’établissement. En conséquence, la participation ne peut faire partie du répertoire d'actions pouvant mener à cette résurgence. Cela pourrait même l'empêcher. À l'inverse, une autre catégorie d'auteurs que nous qualifions de « tenants de l'autodétermination relationnelle » considère que c'est justement parce que l’État colonial d’établissement est totalisant qu'il faut prendre en compte ses effets sur les sociétés autochtones. Dès lors, les sociétés autochtones et allochtones, bien qu'ayant des systèmes de valeurs différents les unes des autres, ne sont pas incompatibles : elles peuvent s'influencer. Par conséquent, la participation à ses institutions peut être compatible avec les mouvements d'autodétermination dans certaines conditions.
Empire, Kinship and Violence traces the history of three linked imperial families in Britain and across contested colonial borderlands from 1770 to 1842. Elizabeth Elbourne tracks the Haudenosaunee Brants of northeastern North America from the American Revolution to exile in Canada; the Bannisters, a British family of colonial administrators, whistleblowers and entrepreneurs who operated across Australia, Canada and southern Africa; and the Buxtons, a family of British abolitionists who publicized information about what might now be termed genocide towards Indigenous peoples while also pioneering humanitarian colonialism. By recounting the conflicts that these interlinked families were involved in she tells a larger story about the development of British and American settler colonialism and the betrayal of Indigenous peoples. Through an analysis of the changing politics of kinship and violence, Elizabeth Elbourne sheds new light on transnational debates about issues such as Indigenous sovereignty claims, British subjecthood, violence, land rights and cultural assimilation.
Drawing on two and a half years of ethnographic fieldwork singing and playing with three Diné country-western bands, I explore how one Native band lives and responds to border town racism and settler nativism in towns bordering the Navajo Nation, the largest Indian reservation in the United States. I illustrate how country music, a genre that has been embraced by Diné people since the late 1930s, serves as a flashpoint for racialized forms of difference and belonging within the liminal space of the Navajo reservation “border town.” I argue that country music performance serves as a condensed site for the enactment and negotiation of border town tensions, microaggressions, and more blatant forms of racism, providing key insights into the ways in which Indigenous country music unsettles Colorado’s own settler-colonial and settler nativist histories in the border town Southwest.
“How Hybrid Bureaucracy and Permit Regimes Made Citizenship” tracks the bureaucratic response to the violence of partition, war, and independence in each of the states, focusing on the mobility regimes established to prevent return in Israel and India, where the documents and evidentiary demands of the mobility regimes enabled claims to citizenship. Focusing on the adoption of the colonial bureaucratic toolkit of emergency by the governments of independent India and Israel to restrict the mobility of returning Muslim and Palestinian refugees, the chapter show how mobility restrictions became obstacles to claims to citizenship. Demonstrating how the transfer of bureaucratic practices governing mobility depended on the continuity of emergency laws, this chapter shows the divergent outcome in Cyprus, which relinquished emergency laws at independence.
Different political projects and ideological positions are founded upon distinct accounts of the past, each with their own emphases, silences, and omissions. The case of Zimbabwe illustrates this connection between power and history. Whereas the myths of colonial historiography provided legitimization frameworks for settler colonialism, “patriotic history” became a key element of the legitimation strategy implemented by the post-independence regime. Pinto analyses how history and historiography were incorporated into narratives of power legitimization in both pre- and post-independence Zimbabwe and how, in the late 90s, history and historiography became critical sites of political polarization and contestation.
Woody Guthrie attempts to compose an anthem that will speak for all Americans: “This Land Is Your Land.” Does he succeed? For some, the answer is “Yes.” For others – notably Indigenous Americans who see it as little more than an homage to settler colonialism – the answer is a resounding “No.”
This chapter shows how, from Charles Brockden Brown’s Edgar Huntly to Jeff Barnaby’s Blood Quantum, American horror erupts out of the violence performed on indigenous people by white settler society, on people and land on the slavery plantation, and on citizens in the Global South and Middle East during period when the United States has extended and protected American global hegemony. By reading American colonialism and neo-imperialism as central to American extractivist capitalism, the chapter reveals how American horror also narrates the devastating violence done to the planet itself. The chapter observes that much American horror produced by and for white settler society represents settler violence against people and land as justified and regenerative, but it also discusses a number of less reactionary texts that make plain the horrific violence inherent in the capitalist colonial project.
Indigenous resurgence scholars have theorized the concept of grounded normativity as a relational, place-based, and nation-specific framework from which to pursue Indigenous freedom. Though primarily a turn away from settler colonial relations and towards Indigenous forms of subjecthood and agency, grounded normativity can also serve as a turn outward and a basis for diplomacy. This occurs, for example, when Indigenous resurgence movements invite others to stand with and act alongside them. This chapter reflects upon three such engagements with Indigenous resurgence movements, which refuse the sense of permanence and limited political possibilities that settler colonialism produces. This chapter argues that these engagements constitute a politics from below that complements grounded normativity, which generates relational and place-based collectivities that are informed by ethics of responsibility and reciprocity expressed within Indigenous legal orders. These collectivities form networks of democratic movements that, in recognizing Indigenous political authority, offer alternative forms of subjecthood and agency that disrupt the concretization of settler colonial relations.
Jeanne Morefield maintains that a truly democratic response to the crisis of liberal democracy requires citizens in the global North to embrace a radically reflective, deconstructive subjectivity that relentlessly calls into question the historical and contemporary shape of “the people” under consideration. To develop this subjective perspective, the chapter draws upon Edward Said’s notion of exilic criticism and compares it with contemporary liberal cosmopolitanism and left populism. Morefield explores the way this unhoused, unstable perspective enables contrapuntal engagement with those histories of imperialism, settler colonialism, and racialized logics of extraction and dispossession that went into the creation of modern liberal democratic states in the first place. Ultimately, she argues, it is only by reflecting on this constitutive history that citizens in the global North can create the kind of solidaristic, compassionate, and authentically democratic practices necessary to fight the rise of white nationalism and the decline of liberal democracy on a global scale.