All posts by oecomuse

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About oecomuse

On unceded Darug lands. I write about law, economics, politics, and ethics ( I also lecture and do research on these subjects for a living). Single mother, singer and strummer and happy camper, non-theist. Also furious feminist who thinks the people running the planet are doing a terrible job.

Tony Abbott is beyond appalling

You know how Abbott is just too appalling for words? How every single thinking Australian – and many others besides – are all cringing in horror at the evil clown act we have as Australian Prime Minister? Which is insulting to evil clowns?

You know how all these claims are kicking around social media about Tony Abbott’s brain, some of which have – but should not have – ventured into intellectual disability and mental health diagnosis territory? Because we simply can not fully comprehend the repulsive creepiness of this which was apparently democratically elected?

Yes, it is all questions. Tony Abbott is stupendously dense and revolting. But that is not the main problem. The key question we struggle with is this: how is it that a man who is an apparently legitimately elected leader of the country incapable of speaking sense? What the hell kind of system produces a head of government so gross and so hypocritical, so deceitful and so nonsensical? Abbott makes his nasty paterfamilias – the terror-mongering racist John Howard, a conscience-free zone who sowed the seeds for this disaster – seem like a relatively benign and harmless old man. What the hell is going on in this country?

There are four key areas of explanation, and all stem from the fact that Tony Abbott is a typical privileged white male of the most destructive and greedy kind. He is typical, yet extreme. Abbott represents an extreme point on the spectrum of what goes horribly wrong when elite white men continue to hold power, as white men have, for century upon century, lording it over – and profiteering in – human lives, among other imperialist abominations, of which slavery is but one example.

The first is Abbott’s Englishness. This is not about Abbott and his failure to renounce British citizenship before standing for Commonwealth Parliament. (As an aside, if Abbott did renounce his British citizenship prior to the first time he contested the seat of Warringah in 1994, you may colour me very very surprised.)

No, this is about Abbott’s imperial attitude to women and Indigenous people. It is about his utter disregard for our rights, his inability to understand that we are not only human but better humans than those who reproduce elitist power structures based on exclusion and greed.

Tony does not get this. He appointed himself Minister for Women and for Indigenous Affairs because of the same basic character flaw. As an English-born wannabe try-hard non-aristocrat, he follows in the footsteps of the old-school English elite. Abbott thinks that by declaring something so – a misogynist declaring himself the minister for women, for example – that the rest will simply fall into place. Because he said so. A typical linear elitist thinker, if we can call him a thinker at all.

This brings me to the next two of the four key areas that explain Abbott’s unfitness for office: his Catholicism. We need not spend too much time on it. That particular type of sectarianism is a thing of the past, thank goodness. Simply take all the observations about try-hard Tony, and multiply each by at least two, because Tony is not Church of England, but Tony is a wannabe non-aristocrat of the English-born variety.

Many of us whose ancestors were relatively early occupiers of this continent, and who rarely identify as any nationality other than Australian, are descended from the feckless second sons of the minor British aristocracy. The gamblers and womanisers and drunks. Those who missed out on primogeniture (probably just as well) and were sent to the colonies to become magistrates and police chiefs and senior bureaucrats because who better to lead a new nation than such characters? Who better to benefit from – and bequeath to their descendants – the riches of the stolen land?

Such is the pseudo upper-class English mind, and its mindless faith that blue blood – even said blood diluted to within an inch of its minor aristocrat concentrate by whiskey and miscegenation and interracial marriage – somehow trumps merit-based promotion, genuine leadership, local knowledge, and belonging to the land. This wholly untrue and ultimately disgusting elitism is how the LNP collectively thinks, and this is how someone like Tony Abbott ends up in power.

So Tony Abbott embodies an imperialist Aust-Brit mentality with its aristocratic pretensions; as well as embodying a Catholic-Brit try-hard attempt to be accepted by the protestant majority. This is bad enough, but Tony has two other flaws that feed into his way of speaking – his inauthentic and meaningless mendacity, that vision-free zone that lacks any global outlook, which in fact lacks any quality that a Prime Minister should display.

Abbott is still the Australian Prime Minister, difficult as that is to withstand. The first two explanations are historically based. The next two are current. Together with his gross and apparently incurable creepiness, the history and current afflictions represent a kind of quinella of incompetence and nastiness that no polity should endure. He is destroying the country.

In his Oxford days, Abbott was a boxer. He was an average student. He would not have been eligible for the Rhodes scholarship on which he famously went to Oxford university had he not eventually applied for Australian citizenship – in order to get the scholarship – and not before – we will always be a bunch of colonials to Abbott. The scholarship is designed for a renaissance man, exceptional in sport as well as in mind. Abbott is neither. I am sure I do not have to point out to anybody that an idiotic bully like Abbott is not a renaissance man. But he was nothing if not ambitious, and boxing was his chosen ‘sport’.

This is hardly surprising: fighting is all Abbott does. He can not build consensus, or form a coherent sentence, let alone a persuasive argument. His only achievements are reliant on the fact that he is a privileged white male who attended elite educational institutions, a path forged and paid for by parental and demographic wealth rather than individual ability of any kind. This is contrary to liberal ideology of course, but liberalism – like democracy itself – has always been by the propertied white male for the propertied white male.

Abbott likes to punch, literally and metaphorically, and it has got him to where he is, but that does not make him good at anything but punching. Disastrously for us, Abbott punched his way to the top in an organisation – the Liberal National Party – which rewards thuggery.

So Abbott can punch, but not very well. He took a lot of hits to the head. This is the third explanation for his imbecilic performance at the G20 in Brisbane this weekend, his partisan, parochial bullshit, his inability to rise to the occasion. Abbott is incapable of rising to any occasion for that matter – other than an election campaign (the 2013 version of which he is apparently still waging).

I am told by a colleague of a specialist sports injury professor and a retired wrestler that Abbott shows every sign of frontal lobe damage. The ahhh and umming. The unspeakable tongue thing. The lip smacking and man-handling. Yes, he is an unreconstructed sexist racist homophobe, but he is also incapable of retaining more than one thought at a time, or processing any input without assistance. No-one in need of this much neurological rehabilitation should be in his position.

The final problem relates to the point about Abbott the man who is incapable of processing thoughts. Affairs of state, geopolitics, the measures by which a civilised society shows its values – say, treatment of the vulnerable – are all beyond Abbott.

Abbott has a Chief of Staff who assumes all roles and delegation power over what assistance he will receive. This has been a monumental failure at every level except one. The one success is that Abbott got elected to the Prime Ministership.

Other than that, his first year in office has been a nightmare of incompetence, spin, cruelty and creepiness. We can not ignore the winking, lip-licking creepiness, because it rears its ugly head so often. Abbott has been spray-tanned and hair-dyed and botoxed to within an inch of his appearance, yet still he can not articulate a policy, or take the reins of government. He can spout three word slogans and bad-mouth the opposition – but this is to not take the reins of government at all.

I do not pretend for a moment that I think Tony Abbott was ever capable of any sort of statesmanship, or leadership, or anything other than his ugly bullying power-seeking self. He found his spiritual home in the Liberal Party, and it is by membership of the Liberal Party that he has become Prime Minister. But I do think that these four general points go some way to explaining just how low we have gone with this man in the Prime Ministerial seat. And what a crying shame it is that the Liberal Party is not motivated to be even slightly more true to its principles, simply because he is in power, despite the fact that liberalism is being trashed by Abbott and his cabinet, trashed beyond repair.

So here we are: the country run by an LNP coalition headed by a delusional misogynist, a racist homophobe; an elitist white male in thrall to an imperial past; driven by a sectarian history; a man so embarrassingly inarticulate he is both intellectually and spiritually incapable of putting together a warm or constructive sentence; who is also a bully and a liar; and who is unfit to hold public office.

Farewell Comrade

What a day, what a moving and beautiful day, in turns solemn and funny, nay whitty, and sad. A day when we were reminded of politics as the art of possibility, equality, opportunity, inclusiveness, and visionary greatness. A day when Noel Pearson returned to his roots and spoke passionately and convincingly in that fiery Obamaesque preacher style, as an Aboriginal man and as an Australian.

A day when the supremely talented Graham Freudenberg deployed his craft for a most important and perhaps last time, weaving words into pictures and sentences into messages that none of us who were there could possibly ever forget. A day when the crowd joined in the chorus as Kev Carmody and Paul Kelly sang another anthem – as a masterly MC Kerry O’Brien so aptly described their retelling of the Gurindji story – a story that evoked poverty, patience and pride, a tall stranger, and a handful of sand.

This was the Whitlam Memorial at Sydney Town Hall that I attended, with my two younger children. They got the day off from school for the occasion. Afterwards we met up with my adult son, who had rung me – twice, because I was teaching when the first call came – on the day the news of Gough’s death broke. He rang first to make sure I had heard the news, and second to ask if I was alright.

I was not alright, of course. I taught six hours face-to-face that day, on injustice and inequality, at an institution that would not exist without our Gough: the University of Western Sydney.

Gough brought us so many things, and Pearson listed a fraction of them in a stunning soliloquy that went for several long minutes. Three stand out as most relevant and memorable and worth reminding the young people with whom I work.

The first is that Aboriginal people moved in leaps and bounds to articulate their identity, knowledge and law to the rest of us, those of us whose ears had been closed for so long. These great steps could be made because a true leader had listened, a leader who was across the grand principles of universal human rights and the aspirations of self-determination that had been denied by colonial governments for so long. Gough listened to Aboriginal leaders, their elders, their political realities and their ancient living knowledge of the land.

Noel Pearson evoked Gough the Roman, but I wax lyrical on Gough the Greek. The Romans were about power, as are all politicians. The Greeks were about civilisation, as all politicians ought to be. Pearson noted this distinction differently, and he most certainly, pointedly, noted the emptiness and destructiveness of a political class interested in nothing but maintaining power. Pointedness goes to the origins of the polity itself.

The point is – linguistically and actually – the Greek origin of the polis, the high point in the land – in Athens, the Acropolis – where lights burn in the night, and can be seen from far and wide, for the people have gathered to discuss matters of state. This is the Athenian roots of the polity.

We pay our respects to the Greek light thea whenever we evoke theory OR theology. For science and religion seek answers to the same fundamental questions of the human condition: who are we? Why are we here? How should we live? And most of all, what is a life well-lived?

Gough had a vision for answering these questions on behalf of us all. Not some of us. All of us. Whether Greek or Roman, our Gough was a classicist. It was Gough who ensured that Aboriginal people had a point of light, it was Gough who established pillars of civil society that form the foundations for equality of opportunity and a landscape of co-existence. It was Gough who understood the essential nature of Aboriginal Medical Service, Legal Aid, and Housing. These fledgling organisations founded a grand vision: the possibility that universal human rights would not be trampled by the state – when it came to Aboriginal communities.

And it is on this note that I turn to the two remaining legacies that have been drummed into my children and my students for years, and again most emphatically this fortnight.

Gough Whitlam brought tertiary education and the sewerage system to western Sydney. It may not sound too fashionable, but Gough thought poor people should be allowed to get university degrees AND flush toilets. The point of light was this: that university degrees and flush toilets are not merely for the rich.

Every time we call a plumber, we should thank Gough that the system worked every other day to keep us safe from disease and maintain public health due to sanitation across Sydney instigated by Gough. Every time we pass a unit and get that little bit closer to graduation, we should thank Gough. Every time a graduate gets a job, or a payrise, or associated quality of life, it is Gough as well as themselves who has earned gratitude and respect.

Education and health in university degrees and flush toilets: these are not the only answers, but they are two fantastically good ones. This is what a liberal democracy should look like, and what ours did look like, and what Australia can look like again.

A coda: I am reluctant to donate even five minutes of my day to the crushingly stupid beat-up that is the booing of Tony Abbott by the crowd outside Town Hall. But too many of my lefty friends have allowed themselves to be drawn into doing the work of Murdoch hacks. Tony Abbott is of course rubbing his hands with glee that a brief crowd reaction to his reptilian self has become the story, rather than the monumental achievements of a man in whose footsteps he can never hope to walk. So here is the response.

It does not matter that Whitlam’s people at Whitlam’s memorial briefly booed Abbott. It was a crowd moment, ephemeral, transient, amid many boos and cheers and calls and much laughter and many tears, singing and crying and chuckling, talking and sharing on this great day for the great man. If some people react negatively to a boo – BOO! – they are seeking an excuse to not honour Gough Whitlam. If anyone argues that mainstream voters will be alienated, they forget that mainstream voters are hip pocket voters.

If you claim that it was undignified, you were not there. If you judge the crowd from a media report, you are doing the work of the Murdoch press, baiting and switching and dissembling, for the purpose of avoiding any focus on a visionary politician. The news story of the day was that Australia commemorated a giant of a man who stood literally and politically above anything we have today.

The only people who want to change that story into petty nonsense and judgemental tut-tutting are those who refuse to honour Gough. No-one is going to change their vote. Let us not look to a brief instinctive crowd reaction to the nasty destructive petty hypocritical man who, uninvited, entered our space.

Let us look instead to the waves of emotion and uplifting words crafted in honour of a splendid visionary. A constructive man, a builder and a fighter, a man whose memory and legacy will outlast us all. Every time a highly trained professional serves us well, or brings us pleasure, or enriches our lives with their knowledge and wit (or I flush the toilet) I send a little message skyward: Thank You Gough.

Joe will be the first to go

Over at my favourite blog of all time http://loonpond.blogspot.com.au/ is a critique of Miranda Devine listing the academic and professional qualifications of federal government members. It is one of those shallow obsequious pieces of writing in which Devine specialises, all hagiographic knob-polishing, as loonpond calls it, but it has one interesting feature. Devine did not list the sterling university career of Joe Hockey.

Joe is just like the rest of them, a wealthy male who attended an elite university and obtained qualifications in law. A quick google shows his double degree was in arts and law, but Devine was not for googling that day.

One might have hoped that with all those economic-law degrees floating about the place, one of their holders might be put in charge of the national budget, but that is not how our system works. Despite the elaborate story-telling that is required to sustain facades like ‘reward for effort’ and ‘merit-based promotion’, these narratives remain twisted fairy tales of self-interested lies, disseminated to paint poor people as lazy and rich people as virtuous.

The current federal government is dominated by white men in a culture that – despite the massive work done by generations of women and people of colour – is dominated by white men. Two stand out from the crowd.

The first is Foreign Minister Julie Bishop. Julie is doing her thing, propped up by the usual media toadies. Our foreign policy, what there is of it, lacks any substance or strategy or generosity to the developing world. But she gets out there and sells it relatively competently. She does not serially demonstrate incompetence and complete insensitivity the way Abbott and Hockey do. She’s from Western Australia, so the NSW Independent Commission of Corruption (ICAC) is not closing in on her fund-raising activities. She is credible on her portfolio in that shallow, 24-hour news-cycle, no-need-for-actual-depth-or-knowledge way. Her unsavoury actions as a corporate lawyer defending those nice insurance companies against nasty asbestiosis sufferers are unreported and unscrutinised outside social media. She has followed in the footsteps of a certain breed of thick-skinned and wilfully-ignorant privileged white woman by publicly denying feminism.

The other one is Hockey. Joe is not white. No matter how many blue ties he dons and elite educational institutions he has attended, he will never be a white man, and they know it and he knows it and this is the root of Joe’s try-hard wannabe callousness and aggression. He will never quite belong, but he desperately wants to, so he is always on the lookout for opportunities to out-white-man the white men.

It is relatively well-known that Joe’s family hail from Palestine and Armenia. The two groups have been ruthlessly persecuted: the Palestinians by the Israelis and the Armenians by the Turks. Both groups have suffered, if not final solution genocide, then at the very least genocidal intentions aimed at their peoples.

Being a politician, Joe dusts off his heritage every now and then and trots it out for political gain. The most memorable occasion was his dishonest and calculated histrionics about children in detention when in opposition. We haven’t heard much from Joe on children in detention, or murders in detention, or criminal neglect in detention, since Joe became Treasurer. We haven’t heard anything because Joe does not care about people in detention, not children, not anyone. Like a lot of rich people, he wants to pull up the ladder that he had the privilege to climb, and spit on those below.

But Hockey is in all assorts of trouble. Six months after it was tabled in the House of Representatives, much of his budget has not passed the Senate. The odious Finance Minister Matthias Cormann is being wheeled out to sell the compromises and deals and back-room bargains the government is trying to close. Cormann is no better at budget salesmanship than Joe, but he is white, even if he is the worst thing to come out of Brussels since the sprout (as comedian Subby Valentine quipped last week). Whiteness routinely attracts credibility, and is rewarded with it on a silver platter by the gutter press.

The state of ICT having reached where it has, there is ample evidence kicking about the internet that Joe Hockey is a deeply unpleasant man. The most recent story doing the rounds, and the inspiration for this post, is that Joe called the Mayor of North Sydney at 6pm on a Friday night to discuss the placement of outdoor furniture at a pizza restaurant. The Mayor has denied taking the call. Joe has not denied making it. In one column I saw, Joe seemed to be proud of throwing his weight around in front of his children while childishly tantrumming for not getting what he wanted, which was an outdoor table and footpath realignment or something.

What a truly awful man. The cigars on budget night also got a wide airing. There they were, Hockey and Cormann, chomping away on the best Havana could produce, in celebration of kicking the poor from here to next year – on health, education, and income support. The three most fundamental universal tenets of our liberal democracy went up in a puff of smoke, driven skywards by a bunch of bandits who call themselves Liberals. Revolting.

Then there was the dancing. Joe was reportedly dancing in his office with the wife while the primary-school aged son entertained himself to the tune of ‘Best Day of My Life’. Again, ew yuck gross, but what about the excuse Joe gave the next day? ‘It was more to do with our little boy’ Joe assured ABC radio. He hadn’t seen his boy for want of budget work, you see, so when he did see the child he was so happy that he danced with his wife while the child sat by in dad’s office. No politicisation of family there, nope none at all, nothing to do with budget night celebrations. Just sheer joy at seeing his son. Ugh.

All this is repulsive of course, but the real problem is reflected in the nickname bestowed on Hockey: eleventy. The man can not add up. He is economically illiterate. A dunce. Bottom of the class. He can’t explain the budget, partly because he doesn’t care about its impacts on the most vulnerable, but chiefly because he has no idea what he’s talking about. Like most powerful incompetent men who are promoted way beyond their abilities, he only has two settings when called out: indignant and sooky. This is the bully mode of operating, for all bullies are cowards who project their inner sookiness with aggression. Anger and self-pity are pretty much the two least attractive traits in any person, and are most certainly hideous when displayed in public by complacent, self-entitled, smug male elites.

So Joe is a terrible politician, stumbling and bumbling about his portfolio, appearing sweaty and dishevelled on television, unnerved, incompetent and in turns impulsively arrogant and horribly stupid. He does not grasp fiscal matters and he can not sell his message.

Joe is also the member for North Sydney. While we await the findings of the ICAC, here are a few observations that suggest to me that Joe will be the first minister in the Abbott government to be demoted.

The first is the obvious demographic flaw of having been born a brown person yet choosing to join the Liberal Party. The Libs are no place for women or gays or brown or black folks. Every person who belongs to one of these groups and the Liberal Party is asking to be exploited and demoralised and hung out to dry. I simply do not get Aboriginal membership of the Liberal Party, or women members of the Liberal Party. But then I do not really get membership of political parties in general. All political parties strike me as hyper-masculine aggressive spaces where women are shouted down and talked over and belittled and ignored.

Next, the North Sydney Forum, the fund-raising sub-branch of the Millennium Forum established for the election of Joe, is looking a bit tarnished when a key fund-raiser was called before the ICAC in August. The trail is murky, and I do not have the investigative skills of the great Kate McClymont, journalist hero of the ICAC hearings, who recently spoke so eloquently on the terrible experience that is a lawyered-up politician intent on quashing public debate through the cunning use of defamation law. But anyway, here goes.

There are laws against accepting money from developers in NSW, because the relationship between developers and politicians has been showed to be continually, systemically corrupt. Yet the developer corporation Buildev continued to donate to the Liberal Party through various guises. Emails obtained by the corruption watchdog show that developer Nathan Tinkler was not shy in articulating his demands for returns on his investment-donation from the ruling LNP government. Two state Liberal MPs resigned over specific corrupt dealings with developers. Another seven have moved to cross-benches to await the ICAC findings. Those who resigned have been replaced with Labor members. The LNP decided not to contest the by-elections. Again, this is at NSW state political level. ICAC has no remit over federal matters.

The state-federal intersection gets difficult to trace. It requires a stronger grasp of the relationship between the parliamentary representatives who form government and political party structures – fund-raising, pre-selection, state executive and the like – than I have or care to acquire. These parliamentary and administrative arms of the Liberal party are separate on paper, yet obviously overlap in life: membership, degrees of influence that numbers men have over candidates and safe seats and so on. To claim that the two are separate or independent entities is legal sophistry. Each exists for the other.

The Millennium Forum was headed by executive chairman Paul Nicolaou, a former head of the pubs and pokies lobby group and acting state director of the Liberal Party. The organisation has been quickly dismantled and rebuilt as the Federal Forum, with the same purpose, structure, and avarice. The Liberal Party is awash with trust fund lawyers and corporate types who are expert in the accrual and disguise of wealth. The replacement of the Millenium Forum with the Federal Forum may fool nobody, it is a tried and tired trick, but it still works to keep the law at bay and the money rolling in.

These dodgy favour-sellers are the end-product of an ugly mix of politics, power, wealth, and deception. The misuse of the law for one’s own ends, like some kind of rich boys’ vigilante posse, perverts the spirit of the law. Exploiting every letter of every relevant law, many of which they have had an active hand in making or amending, is gross and naked greed, wealthy westerners at our absolute worst, corrupting democratic processes for the sordid ends of the power-addicted uber-rich.

The other piece of writing on the wall centres on yet more emails, this time from the desk of Federal Liberal party director Brian Loughnane. This one is also deeply murky on many levels. Briza is married to Peta Credlin, who is Tony Abbott’s chief of staff. Credlin is ubiquitous, ever-present, globetrotting, permanently by Abbott’s side, always quick with a sanitary wipe or a handy word for those hair dye and spray tan and clunking inanity emergencies.

Here is the rub. If the ICAC closes in on corrupt donations to the Liberal Party, and the Millennium Forum has been replaced by the Federal Forum, and the North Sydney Forum is all about Joe, and the federal director is married to the chief of staff and the shit hits the fan, someone will have to take the fall. Political parties are like every other political organisation in the history of humanity that has recognised the ancient powerful usefulness of the sacrificial goat.

The goat is almost certainly Joe. The ICAC problems are centred in Sydney and surrounds. Abbott and Credlin will be protected at all costs. Joe is brown. He is terrible at his job. The North Sydney Forum has been selling a pup: access to Joe for annual membership of $22,000 per annum. We too have been sold a pup, of course, paying millions in salary and benefits to a Treasurer who can’t explain indexation without slurring the poor and revealing the depth of his arrogance and ignorance.

The age of entitlement is over, declared Joe, a bloke who demands that an elected mayor should take time out on a Friday night to soothe old Joe over street furniture and fire regulations. Poor people don’t have cars chortled Joe as he struggled to explain an increase in the fuel excise despite the fact that he is remunerated to the tune of $400,000 every year by us to know, understand and communicate such concepts. I never intended to offend anyone sweated Joe, as true to his breed he proved yet again that it is absolutely impossible for born-to-rule elite men to offer sincere apologies for their multitude of careless oversights, brash ignorance, and cruel determination to make others’ lives a misery.

As invisible as Joe after another of his jaw-droppingly incoherent ramblings on the budget are the national economic figures under this pack of brats who endlessly tout themselves as the party of economic management. I wouldn’t trust them with the lunch money. They are stupendously bad at economic management. They don’t know what they’re doing and they don’t care. Hockey is even worse than John Howard as Treasurer under Fraser, and Howard was until now the worst Treasurer in living memory. He knew nothing, got there on the numbers, and sheer rat cunning. Joe is worse.

The best source is over at the blog of Steven Koukoulas http://thekouk.com/ but here is a brief summary. Both business and consumer confidence are lower than each index has shown since before the election. Employment is down. The economy is barely growing, and at a sharply lower rate. The dollar has dropped to the high 80s against the greenback after being above parity under the previous government. The budget deficit has more than doubled in the one year of LNP government. Yep, the Libs have run up more debt in a year than Labor accumulated during two terms and responding to the Global Financial Crisis. The Labor deficit was genuine policy-based Keynesian economics that kept us out of recession. The LNP deficit is sheer profligacy and poor management.

We have no climate policy except the absurd notion that paying $2 billion to big polluters to not pollute is some kind of substitute for policy. Our dream of a National Broadband Network – an obvious social equaliser with massive economy-wide efficiency dividends – is in tatters. Our Prime Minister has committed to spending half-a-billion dollars per year in another baseless shameful invasion of Iraq despite the fact that the Iraqis do not want us there. Super jets. Rich parents paid to breed. Continued fuel subsidies to foreign-owned mining companies while the punters pay more at the bowser. Increased costs to access health services. And the absolute basest fruit-loopiest insult of all: a call from the king of all haters and juvenile stunts himself, Tony ditch-the-witch no-doesn’t-mean-no Abbott, calling for a debate on increasing the goods and services tax “without hurling insults”. He said that with a straight face. He is beyond help.

There is another reason I chose to remind ourselves of the odious characters in charge of our economy. The government has appointed the equally self-entitled mega-miner Twiggy Forrest to review welfare spending. Twigs reckons the road to empowerment of low-income households is to foist an in-kind no-cash system on the nation’s most impoverished citizens. In the grand tradition of these things, it is being touted as a ‘healthy welfare’ card. No booze, no smokes, just government-approved spending from the bullshit department of the party of small government and freedom telling you what you may buy in the way of groceries for your household.

This disgusting piece of social control, this gross invasion by government into the tiniest details of the private lives of citizens, this revolting meting out of punishment to people who are actively impoverished and oppressed by the state, has already been around for seven years in our national laboratory for oppressive impoverishment, also known as remote Aboriginal communities.

These kinds of government actions are deliberate humiliation of the poor. It is extreme neo-liberal ideology of the worst kind, the kind that says poor people are lazy and rich people not just hard-working but somehow retrospectively endowed with great wisdom and virtue – because they’ve plundered and manipulated their way to a fortune through cheap access to mineral resources, rent-seeking, wage-cutting, mass sackings and the rich man’s gambling den, the stock market.

Think twice about invisible Joe. His day is coming sooner than the rest of the bandits running around at our expense, shafting all but the wealthy, and pretending to govern the country.

A womb is not an aircraft under the Commonwealth Migration Act

Under the Migration Act 1958 (as amended) it has been confirmed that a womb is not an aircraft and ergo is an illegal maritime vessel that is to say a boat.

The Australian legal system reached a new low this week when a Federal Circuit Court judge refused to grant 11-month-old Ferouz Myuddin, born in Brisbane Mater Hospital, the right to apply for a protection visa. For the record, Brisbane Mater Hospital is in Brisbane, the capital city of Queensland, a large north-eastern state of the mainland of the continent of Australia.

ABC radio current affairs flagship PM provides a transcript of a dialogue between the host and a reporter outside the Federal Court in Brisbane.

According to the reporter Stephanie Smail:

“The judge accepted the Federal Government’s argument that the law states if asylum seekers enter Australia by any means other than an aircraft, they effectively arrive by boat. So even though he was born in Brisbane’s Mater Hospital, he wasn’t on the boat that his parents arrived on Christmas Island on, they were then transferred to Nauru, his mother was flown to Brisbane to give birth to Ferouz. Technically because they didn’t arrive by a plane, they’ve arrived by a boat.”

This was followed by apparent clarification of the “non-aircraft equals boat” business, which non-lawyers refer to as legal technicalities. We can assume that counsel used standard techniques of legal argument, and the judge used standard techniques of statutory interpretation. These are referred to as legal technicalities by non-lawyers. It is in fact how all common law becomes part of the common law.

The reporter then recounted some “interesting” judicial remarks. She was absolutely on the money to highlight these statements. The judgement is not yet online, but the remarks appeared to contain one of the most astonishing pieces of so-called legal reasoning that I have heard in a while. And that is from someone who works with the peculiarities of legalese – pronouncements passed off as legal reasoning – every day of the week.

“Interestingly the judge also told the court if he had granted Ferouz approval to apply for a protection visa or his lawyers, his family obviously – he’s a baby – that it might encourage other pregnant asylum seekers to enlist people smugglers and make the dangerous journey to Australia.”

This extraordinary manipulation of facts is not a new trick by the law. I fondly remember the High Court decision in Thomas v Mowbray [2007] HCA 33, where Jack Thomas (not the actor) was the first Australian to be subject to a control order under the 2004 LNP-induced terror hysteria. You might recall his nickname, Jihad Jack. It is an unwritten rule of Australian culture that brown people can not be in the headlines for too long without acquiring a casually racist and otherwise misleading nick name.

In Thomas v Mowbray, the High Court ruled that the expansion of the Commonwealth defence power under s. 51(vi) was constitutional on the basis of “notorious facts”. Notorious facts are not scientific facts, or empirical facts, or legal facts or legal fictions or, in fact, facts. Notorious facts are baseless claims. In this case, the baseless claims were accepted as notorious facts by a majority of the High Court bench – because terrorism. To not accept these baseless claims for which there was no evidence would be ‘September 10 thinking’. Gawd. The great Michael Kirby, of course, disagreed.

Some background:

The Migration Act 1958 (Cth) was drafted in the context of meeting our obligations under the Refugee Convention, which in turn was drafted in the aftermath of World War Two. Its articles reflect the collective conscious-stricken remorse of a world which had turned its back on the plight of Jews from Germany and eastern Europe.

The West had collectively refused entry to boatloads of Jews seeking refuge from persecution, including the British colonial governance in Palestine. The West then also collectively witnessed the liberation of the death camps, whether first-hand by members of the allied forces, or via newsreel. As such, there was an unprecedented impetus to assert our collective humanity and make a concerted effort to safeguard against genocide -and against blowing ourselves up.

The global response to the second world war forms the foundation of modern human rights law: the Nuremberg Trials and the Universal Declaration of Human Rights. The Declaration is formally codified in the International Covenant of Civil and Political Rights (ICCPR) and the International Covenant of Economic and Cultural Rights (ICECR). Among the many other Conventions that followed the Universal Declaration, the Refugee Convention was one of the first. It facilitated the great post-war migration waves that saw the birth of modern multicultural Australia. Waves of migration to Australia are not new.

People have arrived here by boat from earliest times, now estimated at over 60,000 years ago. The next wave included British colonial invasion and occupation, Afghans with their camels allowed in to traverse the central desert, and the attractions of the gold rushes to people from all over the world, often remembered for the number of Chinese migrants.

Nevertheless, the contemporary era of migration to Australia and our modern multicultural state is traced to European migrants escaping post-war Europe. This was the beginning of the end of the White Australia policy, and political leadership makes a difference. Escape from war and persecution characterises subsequent waves of people arriving from Korea, Vietnam, Lebanon, Afghanistan and Iraq.

This is not to ignore the gradually increasing numbers of refugees escaping war and famine in Africa, particularly then-Sudan (now mainly South Sudanese refugees). African migrants typically arrive in Australia via the United Nations High Commission for Refugees. Africans boarding boats are much more likely to head for Italy. This is the rub. Up until very recently, every wave of migrants to Australia, over tens of thousands of years, has arrived by boat.

There is an undeniably obvious reason for this. Australia is a very large island dotted around by lots of smaller islands. Until the invention and commercialisation and mass movement of people by aircraft, there was no other way to get here. There are no land bridges to Australia from any other country.

Our borders are clearly delineated, more so than the map markings across any other continent, even more so than islands such as the United Kingdom with its internal struggles, or archipelagos like Indonesia with its outlier cultures which retain independent identities. Even Japan has border disputes with Russia to this day. Possibly only New Zealand is comparable in terms of its borders, though its size and political decision-making (such as not to march lock-step with the USA on foreign policy and military adventurism) renders it far lower in profile in global terms.

So for millennia, by necessity, every person in Australia has reached the place by boat. Our current national political leadership has decided to reverse this reality. It is now unlawful to seek a protection visa, to seek refuge from persecution, even from countries where the Australian armed forces have participated in the destruction of your home and the killing of your family, unless your mode of arrival is by aircraft. The relevant definitions are found in section 5AA of the Migration Act 1958 (as amended).

Capital letter(s) after a section are usually a signifier of multiple amendments, which in turn signifies that the section governs a policy area that is contested and amended by successive governments. A political hot potato of the highest order, in other words, is what we find in these sections with capital letter amendments. This signifier puts paid to any notion that the law is objective or neutral, because it has been re-written and voted into law by politicians who can not agree on which ways to mobilise and exercise executive power over other people’s lives – nor cease to meddle therein.

This is what produced the absurd injustice that saw a federal circuit court judge deem a baby born in Brisbane to have arrived in Australia by sea:

MIGRATION ACT 1958 – SECT 5AA
Meaning of unauthorised maritime arrival
(1) For the purposes of this Act, a person is an unauthorised maritime arrival if:
(a) the person entered Australia by sea:
(i) at an excised offshore place at any time after the excision time for that place; or
(ii) at any other place at any time on or after the commencement of this section; and
(b) the person became an unlawful non-citizen because of that entry; and
(c) the person is not an excluded maritime arrival.
Entered Australia by sea
(2) A person entered Australia by sea if:
(a) the person entered the migration zone except on an aircraft that landed in the migration zone
[s. 245A]: “aircraft” includes aeroplanes, seaplanes, airships, balloons or any other means of aerial locomotion.

This particular piece of weirdness means that a baby born in a major maternity hospital in a state capital is deemed at law to have arrived by boat. Had Farouz Myuddin thought to arrive in Australia by air balloon rather than by the traditional method of exiting his mother’s womb, his legal status would be altogether different.

There are common law rules around these kinds of case law interpretations, because otherwise the justice system produces injustices. The problem with the rules is that they are only as good as those who make common law decisions. Those people are called “judges”. The judge presiding over the case of Farouz Myuddin felt bound by law to produce an unjust absurdity, which is what the common law rules exist to prevent.

Such decisions are made by members of the judiciary all the time, of course. Many are accepted as necessary application of the legal reasoning process. When the rules produce historic justice or corrections of injustice, such as in the Mabo case, the right-wing commentariat call this ‘judicial activism’. The implication is that judges are usually neutral and impartial, but when manifest injustices such as terra nullius are recognised, a rogue judge has randomly lost their neutrality hat.

These assumptions and implications are not true. Judges are not objective, no-one is. The law is not impartial, it is partisan. We know this, because legislation is introduced and voted on by politicians who belong to political parties. Particularly when we see a law with multiple capital letters after the section number, we can absolutely certain that the piece of law at which we are looking has been subject to multiple partisan meddling. And so it is with section 5AA of the Commonwealth Migration Act 1958.

It is the judicial remarks that throw most light on the political sensibility of the judge presiding over this case. As reported by ABC radio, the judge expressed concern that a finding in favour of baby Farouz “might encourage other pregnant asylum seekers to enlist people smugglers and make the dangerous journey to Australia”.

There are roughly seventeen separate ways wrong with this statement. Even if it is not a verbatim or accurate account of what the judge in fact said, it is what a trained journalist heard and thus what the audience heard. So if the judge has been misinterpreted, the statement should have been expressed more carefully in the first place. On the face of it, this sentiment is absolutely abhorrent.

First, the phrase ‘other pregnant asylum seekers’: this obscurantist nonsense is steeped in sexism. The most obvious point is that Farouz has been denied the right to exercise the rights of asylum seekers under the United Nations regime, the Universal Declaration and the Refugee Convention. So to call anyone in this context an “other pregnant asylum seeker” is grossly inaccurate and internally inconsistent. Farouz was in the same breath legally defined out of asylum seeker status. There is no other because there is no-one in the case at hand being granted the rights of asylum seekers under international law.

This is probably sloppy and inadvertent – it is always sloppy and inadvertent. White man elites do not get called out or have any imperative to recognise their own obscurantism and the inherent denialism that the English legal language generously provides – to them. Happily, critical discourse analysis of the English language also provides us with the tools to see this kind of phraseology as a misrepresentation of fact and of law.

The phrase ‘other pregnant asylum seekers’ is busy obscuring another truth, the simple truth that all peoples, all cultures, all of the history of the human species knows to be a very special status: that of women carrying a member of the next generation of humans. To say “other pregnant asylum seekers” is to ignore a basic biological fact. Men do not get pregnant. Men do not do the hard labour of producing the next generation of humans. There is no such category of human as ‘pregnant people’. There are only pregnant women.

This ugly usage obscures the ugly inhumanity of denying human rights to women fleeing persecution, women who may be pregnant, women who are doing everything in their power to escape the atrocities and destruction and abuses that are exacerbated during wars, and wars are waged by men. To obscure these basic facts of humanity by implying that women are sneakily getting pregnant to reach Australia and simultaneously denying the most basic of human rights to a baby is a hideous thing to do.

And it gets worse.

The suggestion is that a finding in favour of baby Farouz “might encourage other pregnant asylum seekers to enlist people smugglers and make the dangerous journey to Australia”.
By drawing a very long bow, and looking at this remark in isolation, we can concede that it might contain a small degree of possibility. It may be that unknown women in unknown locations might become pregnant at some unknown time in the future and subsequently seek to reach Australia while fleeing persecution in her home country. Certainly the expansion of military aggression by US and Australian governments increases the likelihood that women in Iraq and Syria will seek to escape the death and destruction wrought by our decisions.

This kind of judicial reasoning contains a policy component. That is, the judge looks beyond the facts at hand, and also takes into account wider public policy considerations. It is not especially unusual, and Justice Deane and Justice Kirby, compassionate and passionate advocates for justice both, were well recognised for their agile policy-based reasoning. Such reasoning requires careful connecting of legal dots from an international human rights law instrument (for example) to the case before the court. Again, if this type of reasoning displeases particular people with particular agendas, it is labelled ‘judicial activism’.

Policy-based judicial decision-making is not some kind of free-for-all for rogue judges, however the overturning of terra nullius or acceptance of cruel Migration Act amendments may be perceived by the audience or portrayed to the public. The actual concern around policy-based judicial reasoning is to do with temporality. Here is the basic legal thinking around such approaches. The “introduction to law” version. Note to lawyers: I am talking to non-lawyers.

Legislation is prospective law-making. The political party in power, or parties in the case of our current federal government, drafts legislation which will operationalise its political objectives, such as changes to the Migration Act. Once the law is drafted and passed by both Houses and signed off by the Governor-General, it swings into action. Now people who breach that law can be legally dealt with by authorities whose job it is to detain them or charge them or bring them before a judge or whatever. The crucial thing here is the direction in which law-time is travelling.

In our system, a law is passed, and unless it is retrospective, it can not govern over people until it meets each of the relevant criteria for coming into force. Yes, force. That is the language used at law, and for good reason. Once the law is in force, the state can forcibly detain people, or do all sorts of other things to interfere in the lives of the people under its jurisdiction.

Case law is different. When a case comes before a court, it looks back in time. It is not prospective, as legislation is supposed to be, in most circumstances. Someone does something, their actions come to the attention of the authorities, and if the authorities act, the person is brought before a court of law and their past actions (and intentions and evidence and so on) are scrutinised in an open court. These are basic tenets of our system of law.

When the government departs from its usual model of enacting legislation which operates prospectively, there is usually some concern about those who will be caught by retrospective legislation. Lawyers tend not to like retrospective legislation (except administrative formalities that streamline inconsistencies and errors as they are discovered) because it is extremely difficult to build a defence for a client who has been charged with an offence which was not an offence at the time your client was allegedly involved.

Similarly, judicial decisions that put the facts to hand to one side and instead are based on what an unknown number of women in an unknown place at an unknown future point in time may or may not do whether or not they are pregnant, is highly problematic. This kind of reasoning is unlikely to be sound reasoning. It is even more troubling when such judicial reasoning is closely streamlined with the political rhetoric of the government of the day. We have the doctrine of the separation of powers in this country, at least in theory. For a judge to base a decision on prospective policy grounds is to see the ancient power-sharing arrangements of democracy crumbling before our eyes. And that’s not even skimming the surface of the sheer inhumanity of the treatment of this baby, at least one hundred other babies in the same position, their families, and all the people seeking to escape persecution by reaching our wealthy wealthy island in the sun.

Calling a woman a woman

The apparently vexed question of what men ‘should’ call women keeps resurfacing. It is not in fact a vexed question. It is a simple one.

If a woman states clearly that she would prefer not to be called a girl, then do not call her a girl. If a woman asks that you not refer to her as a lady, then do not call her a lady. If a woman says hey guys I know you are really confused and desperately oppressed so please, fill this conversation thread with your views on what women should or should not say or do, then go ahead. Derail the conversation, ignore women’s voices, and act as though men’s views on women-anger is the relevant issue.

Given the infinite variation of human opinion, it is not in the least surprising that women have different stances on how we refer to each other, or on how we are referred to by men. This is so whether we are talking about online conversations or the comfort of our own homes or those we love or in public by complete strangers. My own stance, and the reasoning behind it, are set out below.

But first, I mention the monotonous similarity of men’s voices on what to call women. I am referring to online comment threads when this simple question arises. Women take a variety of considered positions. By contrast, in most cases, men take reactive yet very similar positions (to each other) on the same question. Or those who stay in the conversation take very similar positions. Staying in the conversation in itself requires a stamina all of its own. A meaningless stamina, compared to (say) efforts for world peace, but there it is.

Remember, the answer is simple. If you actually do respect women and wish to assert that you respect women, here is what to do: listen to what the woman says she is OK with being called, and call her that. It is not difficult. It is easy. It is unlikely she is angry. It is likely she is tired of this shit. But for whatever reason, she has summoned the energy to have this tedious conversation again, and simply and clearly stated her preferred term for her womanhood. She probably paused before telling you, because she knows what will ensue. Either way, she has made an active and conscious decision to state what she thinks, knowing full well what the response is very likely to be.

The online conversation goes something like this:

Me: Mate, as a 44 year old mother-of-three, I am hardly a girl.

Him: Oh I just ran out of space/didn’t think/ got in trouble for saying ladies.

Me: All good, but saying women is fine.

Him: I know lots of women who call themselves girls.

Me: Do you think I don’t? We’re not talking about what women call women.

Him: Jeez I tells ya. Can’t get nothing right. I never say female, it sounds condescending.

Me: Yep. I prefer ‘woman’.

2nd Him: Impossible ain’t they? Can’t please none of ‘em.

Me: Just stating my preference.

1st him: I am done with this conversation. If I’ve offended anyone, I’m sorry.

Me: acknowledges comment, leaves conversation.

3rd Him: They’re all angry all the time.

2nd Him: You try and show respect and where does it get ya?

1st him (re-enters conversation despite previous sign-off): Hey, I respect women. I just ran out of room so I said girl.

2nd him, 3rd him, 4th and 5th hims, 1st him, more hims …. Endless comment thread about the onerous oppressive dilemmas encountered by good guys, men who respect women, who are just trying so hard to do the right thing.

…conversation becomes crude and includes references to masturbation.

This is a representation, but in my experience, it is a very typical one.

There is any number of problems with these threads, not least the dull and predictable repetition of the content; and the reliably reactionary trajectory of the narrative every time a woman states her preferred term of reference. Not once did the Hims in the above representation refer to women as women, or agree to refer to women as women, or complain that they have been corrected when they refer to women as women. This is because none of these things ever happen. Men who refer to women as women do not get asked ‘oh, please. Call me a girl’. Or ‘Hey mate, how many times have I asked you to say female’? Or ‘Dude, dude, dude, it’s not woman, it’s LADY’. These things never happen, because women prefer to be called women.

At the same time, women who state that we prefer to be called women are trivialised, and spoken over, and ignored, and sidelined, and above all, called ‘angry’. Not called women when we ask to be called women. But inevitably called difficult and angry when we ask to be called women.

It was probably at least twenty years ago that I decided that as a woman I would like to be referred to as a woman. Nothing has changed to change my mind. I am not particularly angry about this. I am angry about many things, but nomenclature is the least of it. And there is certainly nothing difficult about it. When men claim that such a simple stance is difficult and angry, they are usually finding feminism difficult, and are angry about it, and take the time-honoured stance of blaming women for the difficulties that feminism poses to their male lives, and the anger they feel about that.

Which is all a bit of shoulder-shrugging whatevs to those who do not struggle every day as a woman in a man’s world.

As an educated white woman, my struggle is usually invisible. My struggle is nothing like the struggle that Aboriginal people face in this sexist racist ablist sectarian homophobic country with its dark stain of dispossession that continues seemingly forever and has never been adequately examined, let alone remedied. My struggle is nothing like that of many migrant individuals and groups, or of those facing double and triple discrimination, abuse and hate due to their disability, sexuality, religion, or gender identity. My struggle is not the hardest struggle, or the most important struggle – the Aboriginal struggle is by far and away the most important for our national identity.

But in my jobs, empowering girls and using words well matter more than anything else. I have two jobs.

The first is that I am the only functioning parent in my children’s lives. By functioning, I mean I am the only provider and take full responsibility for not just their basic human needs but also their social and ethical relationships, their health and education and safety.

My second job is the paying job. I teach law to hundreds of future lawyers, and part of that role includes explaining, clearly, that our system asserts the use of words (over fists) to resolve disputes. The Rule of Law is the rule of words. Some take it down the back of the carpark to have it out. Some prowl the streets for vigilante justice when a paedophile is reportedly near. It happens, but it is not legal. The legal resolution to conflict is done with words.

So.

Calling me a girl is inaccurate. I am not a girl. If, however, I am among a group of women who refer to us, collectively, as ‘the girls’, I do not protest. Why would I? We are together, having fun, in a space created by and for women. It is distinguishable from the rest of our lives on that exact basis. We spend most of the time in spaces created by and for men. And while we can and sometimes do have fun in these man-spaces, more often we are working and/or on our guard against tempers, criticism, put-downs and exclusion – various forms of sexism, misogyny, and abuse.

The number of women you have overheard referring to ourselves as girls is relevant in one way, and one way only. We are delineating a space for women. Please return to the man spaces you have created all around us.

Here is the tricky bit (except it is not difficult at all).

When we refer to ourselves as girls, it is not an invitation for men to refer to us as girls. In many cases, it is a message for you to leave. Back away slowly, make so-called jokes as so many men do, say Oops better not go in the kitchen, the girls are on fire. Blokes know this scenario. They have been there, done that. But hearing a feminist voice explaining it is somehow confronting. Even though they already know.

Remaining apparently jocular and completely unserious is a typical male approach to feminism. I mean, what can feminism really matter? Surely it is not that important right? There she goes again. Has she got a fucking point? Why check? The dominant man-narrative is so consistent, so ready-to-go, that feminism can be sidelined at the tweet of a wink. And with the side-lining of feminism, of course, comes the sidelining of women. No conspiracy required, just a common man mind-set that is so easy to join that those who out this bullshit are shouted down and often walk away, exhausted by the whole repetitive business.

It is not difficult to shut up and listen. Men do it around bosses and other dominant males all the time. Women are used to being told to shut up and listen (and obey). Most of us are – by our parents, for a start. These days, in the public realm, it even has a name: mansplaining.

And here is a tip to mansplainers and man-apologists everywhere. Whiny, needy, self-pitying and victim-role-hijacking men are not sexy. I mean, just not. Do not ever try to woo a feminist that way. Do not ever try to woo a woman that way and maintain self-respect. Self-pity may succeed with some younger and less experienced women, but this is no achievement. In fact it is a failure. And exploitative. And kind of gross.

My personal grounds for not wishing to be called a girl are that I am a 44 year old mother of three with a wealth of knowledge and experience. There is also a girl in the household, and we are not indistinguishable. She is beautiful and young and has her whole life ahead of her. I am none of these things. She is under 18, and as such especially vulnerable in our hyper-masculine world. I have long and practical experience in dealing with the patriarchy, and even spend some time as the leader in public spaces (the lecture hall) as well as private environments (head of household).

At the moment, it is school holidays. I have a friend sent straight by the goddess, another working mother and head of household. She came and collected my children so I could go about two days of lectures without worrying about the kids’ whereabouts or having to take them into work (they are at the age where this is no longer coercible). When we spoke on the phone the next night, my daughter said a group of mates – all teens – went to play Ultimate Frisbee (whatever that is) and she ended up on a team of all boys.

Did you show ‘em? I asked.

Yes, she said.

Did you win? I asked.

Yes, she said. At the end they made me Man of the Match.

Me: Haha, what did you say?
Daughter: I said “Ahem”.

Oh go you. That’s my girl.

I was raised by a feminist mother and traditional (but reasonably willing-to-learn) father, and can therfore safely say I have been a feminist all my life. As my mother before me, I do not especially discuss feminism. Sometimes I join an interesting seminar or online comment thread and express much of what I want to say about feminism. But for the most part I simply go about my days being a feminist, resisting sexism where possible. I also often ignore sexism where nothing I say or do will diminish its foreboding presence. But if an abusive, bordering on dangerous, response is likely, I put safety first, as every feminist knows to do. In those instances I remove myself, and my family if they are with me, as quickly and inconspicuously as possible.

My teenage daughter, what is more, has an experience that is completely foreign to me. My daughter is a talented and committed athlete. This requires a particular type of stamina and persistence and capacity to cope with disappointment, not least because the boys tend to get most of the glory. I have tried to develop some jokey, not-too-protective vocabulary to communicate around this phenomenon. But because I can barely catch a ball and am interested only in sport where one of my children is competing, it falls a bit flat. My daughter gets that I know nothing in this area. It is not an unusual parenting experience. Yet while we do not directly discuss feminism, my philosophy of life has, I hope, served her at some critical times, particularly when she is doing what she loves. She is smart enough to see that her mum knows next to nothing about sport, but quite a lot about surviving and thriving in the very many environments where the masculine paradigm dominates.

Raising a daughter who is remarkably good at sport focuses the mind in many ways. But moving on.

To all those white men who think I can be stopped, or shouted down, or ignored, erased, rubbed out, sidelined and otherwise silenced by their loud voices and supposedly superior expertise: here is breaking news. I have two sons. One is an adult white male. He pays his rent and he pays his taxes. Fancy that.

I raised this young man single-handedly. By single-handedly, I mean I had no financial – and very little in-kind – assistance, as well as massive hindrances, in multiple forms. I am responsible for the presence of a decent white man in the world. I watched him become a man. It was one of the hardest struggles I have ever seen. There was little I could do with and for him, because he was a boy learning to be a man in a man’s world. Seeing my boy negotiating the world we live in, the Australia that white men have created, and find his place in it was … a living nightmare.

Do not tell me I have no idea what it is to be a white man. I know worse: to be a mother watching my own flesh and blood learning to navigate a society dominated by white male behaviours – despicable abuses – that I do not condone, do not practice, and failed to prepare him for in many ways. He had to learn the hard way what a seriously terrible job white men do in the running of this country, and what compromises he will have to make in order to make his way in it. The sheer violence – verbal, emotional, physical and worse – is absolutely gut wrenching.

So I drop out of onanistic comment threads. I call some blokes out, and block others. I leave some arguments quietly, hoping no man ever follows it up. And I write, and raise children, and watch and learn and teach. And say: words matter. Being asked by a woman to call her a woman should be the least of any man’s problems, if the experience of becoming a man in a man’s world is anything to go by. It’s not a problem at all, in fact. It is just a simple request, easily met, with the simplest of tools: words. Words are the only way. The other way makes life worse.

Farewell SMH I miss what you once were

On Thursday 25 September 2014, the Sydney Morning Herald plastered its front page with jihadi imagery and an oddly dissonant picture of a young man in a suit. The Fairfax mast heads in Melbourne and Canberra published the same images and the same misinformation. It turned out the young man in the picture was alive but not so well, having been frightened by Fairfax out of leaving the house.

Picture a beautifully restored heritage landscape of sandstone and brick buildings, manicured gardens and green, green lawns rolling down to a sadly despoiled but still picturesque river. The odd Rivercat, a special catamaran-style ferry built for the shallows of Duck Creek, swooshes by with a faint honk carried on the wind.

This landscape is alive with young people and their families, everyone beautifully and respectfully dressed for the solemnity and respect demanded by the occasion. There are photos being taken on every corner. Young women tower over their parents in heels, bursting with health and pride. Young men hold their heads high and their chests sturdy. Nearly every ethnicity, nationality and religion on earth is represented. Scholars in full academic dress sweep by in pairs, their floppy hats and glowing brocade glittering in the sun.

This is graduation day at the University of Western Sydney, Parramatta campus. Our wonderful, dedicated, ambitious, hard-working against-the-odds students are attending their commencement, the day they start their adult lives as qualified bachelors, to go forth and work and teach and learn. To tend the sick, represent the accused, run the computer systems and teach the children of Western Sydney, Australia, and the world.

They are a wonder to behold. Huge numbers of our students would never have had access to tertiary education without this university, the brain child of Gough Whitlam, 25 years old this year. My heart swells with the tiny contribution I have made to some of their lives. I wish them every success, and eagerly anticipate seeing some of them on the news programs of tomorrow, working for peace, entering Parliament, making a difference.

Graduation is during the semester break. Just before the break, two of my students asked if I could give a lecture at Bankstown on the strong and rational responses we can deploy to mitigate against stereotypes of Muslim people, especially the young men. “They will listen to you miss” said one young man, an exceptional and committed student, employee, and family man, an Arabic-speaking Muslim who appears to know every other young man “of Middle Eastern appearance” on campus. Following up this request has become more urgent in recent days.

A few weeks ago I wrote about these young men. It was the story of an incident in my classroom where one Muslim student had objected to my using Islam in an example of an illogical argument. Three other Muslim students leapt to my defence, and one of the three later explained the concept in more detail to his formerly confused classmate, who is no longer confused on the point. It is good story, with a happy ending. It reinforced my conviction that education is the answer, irrespective of the question. As mother used to say, to a man with a hammer every problem looks like a nail. To that I would add that to a man with a seat in Parliament, every problem looks like more legislation. And to an educator in richly vibrant, hugely diverse multicultural western Sydney, every problem looks like sensible, ongoing and consistent investment in universal education. I like to think of myself as consistent in my commitments and values, and in line with my views of the value of education, I busy myself each day with the tasks of living, working and educating in Western Sydney.

Imagine then my disgust, my visceral anger, my absolute contempt for everyone involved in the sordid and careless mistake that was what Fairfax did that morning. I responded to the SMH front page with fury. I also did what any other engaged digital citizen would do with their seething, roiling, relentless heartburn at this despicable carelessness, and posted my intention to boycott Fairfax, after 25 years of faithful readership, on my Twitter feed.

The response was overwhelming. No tweet of mine has ever gone so far (not even retweets from the mighty Van Badham, whose reach is legendary). My notification folder filled with hundreds of retweets, favourites and mentions. More experienced tweeps contacted me by private message to offer support, advice and caution. I thanked everybody, responded to almost everybody, and continued to tweet out my reasons for 24 hours. Over and over again, I said this is the last straw. This is it. Too much.

Then I got a reply from a sub-editor at BRW, a Fairfax publication. This put me on the alert. Like my reply would not be sent through the ranks, if my tweets had caught her attention? SMH was tagged in every single tweet.

‘I’m not defending the front page’ she began. Well, obviously, given that it is indefensible.

‘But after 25 years there must be more to your decision than one front page?’

I took this question in good faith. I answered with two tweets, in the accepted two-tweet way. The first said

‘Yeah, fair call. It’s been a slow burn since the Abbott endorsement and Carlton, but this was personal 1/2′.

This tweet referenced the fact that Fairfax endorsed Tony Abbott at the 2013 election, even though it was obvious to the most casual of observers the man is a power-seeking wrecker, with no policies of any value, no vision, and tendencies to be violent, misogynist, homophobic, and racist. Nevertheless, Fairfax is a company in decline with a dinosaur of a business model, and it was equally obvious that Abbott would be the next Prime Minister. For this and other claimed reasons, Fairfax endorsed this decision of the Australian electorate. The tweet also referenced their shameful treatment of long-time columnist Mike Carlton. When the editor who arranged for an apology for an article critical of Israel was over-ruled, and sought to impose a suspension of the columnist instead, Carlton walked.

The second tweet said:
‘It was graduation day at UWS. I teach 100s of students ‘of Middle East appearance’. Fairfax endangered them all. More’

Interestingly, the Fairfax employee retweeted the first but not the second reply. If this was strategic, and I assume it was – she is a professional – the thinking would go something like this: I had a made a claim that Fairfax lawyers could argue is unsubstantiated yet damaging to the brand. Defamation, loss of earnings, damages. Thus a Fairfax employee could not spread my claim further across the twitterverse, as that would further damage the brand (and assist my hypothetical defence in this hypothetical libel case).

Here is what it would look like.

This woman has made an unfounded claim, Fairfax lawyers could tell the judge, which has resulted in loss of earnings. Where is the proof that students at UWS are endangered by the Fairfax front page? Show us the endangered student. Prove the danger has increased. Demonstrate the chain of causation back to Fairfax. How did the Fairfax front page endanger anyone any more than a Murdoch front page?

It doesn’t, of course. The front pages are all as awful as each other. But lawyers like causation. For this hypothetical suit, Fairfax would imply that I have to prove a link between their front page (rather than any other front page) and the reckless endangerment of one of my students (rather than the student community “of Middle Eastern appearance”). I would not have to, because the onus of proof lies with the complainant in these matters. The correct legal argument would therefore be around whether I caused loss of earnings through an unsubstantiated claim. But that would not necessarily stop libel lawyers from trying to imply that the case is about something else. I adore many of my colleagues who are in legal practice, and send many exceptional future lawyers their way. But I am not particularly fond of those who ‘defend’ corporate interests against people with little or no resources, wealth, income or power.

Here, in more than 140 characters, is why that headline was the last straw, and why I took to Twitter to express my disgust, and why I am boycotting Fairfax.

I have read the Sydney Morning Herald all my life. It was delivered to my parents’ home (still is), and when I left home I kept buying it daily.

In our student household in the late 80s and early 90s, someone would go get the paper and we would all sit around and pool our wits to do the crosswords. A day when we got the cryptic done before lectures (usually a Thursday, never a Friday) was a good day. A completed cryptic is still a beautiful thing. I taught my mum to tackle them, and later when we got mobile phones, we would exchange texts and tips on 7-down or 8-across. My dad developed a sort of ritualised whinge about the time mum spent with the crossword.

When I moved to Alice Springs in 1994, my mum would send a fax of the cryptic to herself, tear off that shiny paper and send me a bundle of four or five by post. Once a week I would head into town and buy the one SMH available in the Northern Territory: the Saturday Herald. My then-partner and I would do the crosswords together, a happy reminder of our pre-parenting, carefree student life.

The cryptic crossword alone was part of my circle of friends and family.

I also submitted letters. The editor printed many of them. I would get a flurry of texts from friends and family – ‘saw your letter today, well said, well done’. Once a letter I wrote attracted replies for over a week. The paper had gone digital relatively recently, and gentility was already evaporating. The digital splash fanned a controversy over Nicole Kidman pretending to play the didgeridoo. Colleagues stopped me in the corridor, friends questioned me at BBQs, and disagreed with me by email. All this was triggered by my letter. Ironically, it was on a similar topic: I criticised Kidman for potentially disrespecting Aboriginal people for the purpose of selling movie tickets (I try to be consistent). I also felt like I was contributing to public debate, and I was, as I am now. But it was somewhat intimidating and confronting (so is this) and I stopped submitting letters to the editor after that (I do not plan to stop blogging or tweeting. Yet).

On returning to my home town of Sydney after 14 years in remote and regional Australia, I booked a Saturday SMH delivery. I leave too early during the week, and more than one day a week delivery would feel indulgent anyway. By now a single mother escaping domestic violence, this Saturday delivery was a tiny luxury, one that made me feel I had re-entered polite society after a traumatic ride in the gutter. Reading the SMH felt like hanging out with kindred spirit adults, and like home. The letters page remained a delight. I had graduated from the simple Sudoku to the samurai, egged along by my other ‘adult company’ in that little house, Adam Spencer. I bought an SMH each week day morning on the way to the station and geared my brain up for the day at work with news and comment and puzzles.

I have come a long way since then. I graduated at law, have publications in academic journals, and a co-edited collection on citizenship to my name. I went to Greece last year and gave a paper on the parlous state of Australian democracy in the home of democracy. My eldest son has reached adulthood, a young man who has a clear understanding of the risks of being a young man in this world. My daughter and younger son are in high school. I work hard in my home town and am more connected than ever before. My reliance on the SMH for like-minded adults to read and ponder and sometimes interact with via the letters page diminished. And now it is gone.

This is what I think happened. It is not conjecture but hypothesis, produced using the available evidence and accepted rules of case theory. The news that police had shot a teenager dead broke late on the night of Tuesday 23 September. By the time I signed off just after midnight, all we had heard was of a stabbing and a shooting. This is too late for a print publication to get a full story out for the first Wednesday morning edition.
Next, the workers at the paper probably went into overdrive to catch up on Thursday. This is highly likely for the simple reason that print is dying but the business model demands it remain relevant. This is because much of the news cycle is actually the news recycled. Breakfast radio and television do ‘what the papers say’ and the papers return the favour by cross-quoting broadcast media. All the major dailies now have social media monitors and presences. Maintaining a print presence is about feeding the larger machine.

As they all do these days, the people on the Numaid story would have trawled facebook pages for uncopyrighted images. Of course, just because everyone does it does not make it right. Trawling the facebook pages of a dead teenager in order to increase newspaper sales is a repulsive thing to do, but people do it. There are papers to sell, and catch-up imperative to satisfy.

My considered view is that someone had too many screens open at once and in a race to deadline – the media environment has been more frenzied than usual and they are all on it to keep themselves relevant and afloat – the wrong picture was put on the front pages.

Human error is common and predictable. No-one is suggesting malicious intent by whoever made this monumental mistake. Just a profit-seeking relevance-desperation deadline-driven rush job. But it has nevertheless wreaked enormous harm on the teenager concerned, and has flow-on effects to all Australians of “Middle Eastern appearance”. And that includes many of my students, and that is why I am so angry.

And here is a predictable fact: attacks on Muslim women have increased according to AFP Commissioner Ken Lay. That is on top of the attacks on a Muslim school. To state the absolute obvious, schools have children inside. That is who schools are built to serve. So the ramping up of a terror threat, in which all the media are playing a shameful part, women and children in Australia are suffering. It is a man’s world alright.

It has been a slow burn, and it is personal, as I said in my first tweet to the Fairfax employee. And I will not be backing away from that second tweet. I have my arguments mustered. They are rational arguments. I have even generously disclosed some of those arguments to Fairfax lawyers right here in this post. And full disclosure, as they know, or ought to know, is how ethical lawyering is done.

So I feel like I lost a friend, but we were drifting apart anyway. I was probably holding on, unnecessarily, tenuously, for old times’ sake, the way you do, not wanting to be the one to do the breaking up. Not wanting to face the fact that I was deluded all along, thinking we were friends. The SMH brought many joys. But Fairfax is a corporation and I am a human being. And when I opened that newspaper yesterday and saw that sordid headline, and got home to hear a young man is afraid to leave the house, I pictured those proud students and their proud families against the backdrop of the university grounds. Then I looked at my newspaper and thought ‘I stand with my students. And I no longer read you.’

The increasingly difficult task of understanding Abbott’s Australia

I started this blog to vent my anger at the Abbott government. To keep myself sane. To mitigate against the real likelihood of alienating myself from polite company. And to share my thoughts with like-minded Australians in online communities, many of whom are speechless with horror at what we are becoming, and grateful for support in putting that horror into words.

There are many brain-dumps on here. Some are mocking, some are furious, or disgusted. I won’t be deleting anything – we still have implied freedom of political communication in our liberal democracy – but I am changing my style. Sane people change their behaviour when circumstances around them change. As Einstein observed, to do the same thing repeatedly and expect a different outcome amounts to insanity.

What has changed?

I no longer trust my own government. I do not feel that it is safe for me to furiously and hastily say what I think of government actions (in the hasty immoral way that the press does to the Muslim community). I am afraid that the brain-dump approach risks attracting the attention of a band of heavily armed men with the legal power to use force against me. If I wrote in haste what I really think of the Abbott government and its oppressive nonsense, I would be afraid for my children. As many Australians know only too well, particularly the Aboriginal community and now the Muslim community, children are deeply traumatised by heavily armed men breaking down your front door and using legal force against innocent civilians. And yes, they are civilians. They are not members of the armed forces of a nation state. And yes, they are innocent. We have the presumption of innocence in this country. You are innocent until proven guilty in a properly constituted court of law. And so am I.

So.

I have decided to try and make sense of events in Australia on 23-24 September 2014 using evidence-based arguments instead. I would rather scribble off an angry rant about the ugly rhetoric and extreme violence being deployed around Australia on the flimsiest – or absence – of evidence. But that is dangerous now. Here is my thinking on the danger: armed agents of the Australian government are convinced or deluded about the level of terror threat to Australians; and impervious to their role in increasing that threat. And because they are probably convinced and likely deluded and definitely impervious, they might accidently mistake a middle-aged mother of three sitting at her computer for a threat to national security.

I have written before on the clash of civilisations thesis, I have drawn on theology and history and law and peace studies and international relations and political economy to make sense of the rhetoric about what is happening in Iraq and here. Today, I think the news stories are best addressed using intersectionality, a recent development in our understanding across social categorisers such as class, race and sex. In particular, intersectionality brings together critical race theory with feminism, where race theory also illuminates (religious) sectarianism.

In the current climate, adherents of the Muslim faith are conflated with any person ‘of Middle Eastern appearance’ (whatever that means). Muslims are conflated with all Arabs, who frequently bear a striking physical resemblance to Jews, both being of Semitic ethnic origin (whatever that means). The facts do not get in the way of government and media enthusiastically reproducing ethno-religious stereotypes to foment fear in the Australian population, so we need to make sense of both.

What we have been told

This comes from the joint press release issued by the Victorian and Australian Federal Police. An 18 year old man was wanted for questioning. He agreed to meet police at 8.00pm on Tuesday 23 September at Endeavour Hills in Victoria. He carried a knife. He used the knife to stab two officers. He was shot dead. His name is reported to be Numan Haider.

There are conflicting statements about what kind of threat the teenager posed before agreeing to meet police to answer questions. It is said he was under surveillance for at least two months, and had been seen by authorities to be acting ‘strangely’. Some say it was suicide by cop. This is as plausible as any other hypothesis. Such events typically involve a young man with a mental illness (depression can be fatal: its worst outcome is suicide). A young man who had been acting strangely and voluntarily attended a police station for questioning is as likely a candidate as any other to seek suicide by cop.

The other explanations are various versions of this: the young man was a terrorist, an extremist who hates our way of life. He was simultaneously a lone wolf even though the entire Australian community is under threat from an organisation of terrorist Muslim extremists on another continent. So he is depicted as a representative of an organised group but acted alone and independently of them. He was a terrorist but this is not about Islam. But the group he represents calls itself Islamic State. There is no specific intelligence that the man made threats against the Prime Minister. But the loosely labelled ‘press’ has ‘reported’ that police killed a man who made threats against the Prime Minister. Imagine US security forces allowing a man to stab two officers while making threats against the President before shooting him. Plausible? No. This narrative is incoherent at best. Most of it is probably propaganda. As the old saying goes, the most effective lies contain a kernel of truth.

The context and the analysis

The police in Victoria, as elsewhere in Australia, have a long history of shooting young men dead. The young man may be unarmed or, more commonly, armed with a knife. One memorable incident at Bondi Beach involved multiple officers shooting and killing a mentally ill man who was wielding a knife. One of the officers who fatally shot Roni Levi was later convicted on drug charges.

You will search high and low, however, for news of a policeman shooting a woman, or a policewoman shooting anyone. Police have a deep and abiding interest in young men, particularly brown young men, or bearded young men, and especially black young men. Do not be any of those people, and the chances of being stopped, searched, detained, arrested, charged, convicted and imprisoned go through the floor. Add poor. Poor young men. Our jails are full of young men with very little formal education, who are from low income areas. They are survivors of child sexual assault, bullying, physical abuse, neglect. Many have a mental illness, an intellectual disability, substance addictions, and histories of being victimized by, and then perpetrating, violence. This is the lot of many poor young men in contemporary Australia. It is a disgrace, but it is the case.

Across human history, these people were traditionally sent to war. They needed a role in society, and the role chosen for them by patriarchs is, typically, to be frontline guards of whatever territory the society regards as its own. This was seen as a good job for young men, and for the society. When young men are killed in the line of this duty, it is a tragic terrible loss for the young man’s family and friends, but for everyone else – namely, the patriarchs – it seems like an excellent idea to send young men to kill other young men at the ‘front’. The front is any border of the territory the society calls its own.

And so it is today, with two key exceptions.

The first exception is that we now send young women as well. This is stupid. Young women have the most crucial role in the survival of any society. No-one else can fulfil the function that young women can do. They do not have to fulfill this role in Australia if they do not want to, thank goddess. Or more specifically, thank feminism. Nevertheless, all patriarchies treat young women with contempt, as human incubators, and ignore their rights. Patriarchies are violent and careless towards women; and lie about the singular, crucial role young women play in the survival of humanity. Using threats of force and actual force to ensure its own survival is a classic behaviour of any patriarchy. It is ugly and cruel, but it is the case.

To reiterate: It is a social fact that we fail to honour the humanity of young women. It is a scientific fact that no-one else, no-one but young women, can do what young women do for the survival of humanity. To hold any other position is to remain deaf to the lies told by the patriarchs.

And the patriarchs tell many lies. These are dangerous lies. Lies which cause massive, tangible harm to humanity and to the planet. Patriarchs dishonour young women for power-seeking purposes. Patriarchs send young men to war for power-seeking purposes. Patriarchs plunder and poison the planet for power-seeking purposes. Patriarchs tell more lies to cover up the true power-seeking purposes of their dishonourable and bloodthirsty actions. This is so whether they are white patriarchs or black patriarchs or Muslim patriarchs or Christian or Zionist patriarchs. Yes we get the odd Golda Meir or Maggie Thatcher. They are women, but they operate a patriarchal paradigm It is not that a woman can not imitate a patriarch. Some choose to, and some are really quite good at that. It is that we can not imagine an alternative reality where young women are honoured for their crucial capability and young men are found something more constructive and less abhorrent to do than kill other young men.

Which brings us to the chief patriarch in 2014 Australia, Prime Minister Tony Abbott.

Here are some grabs from his statement in response to the shooting of an 18 year old man.

“It is clear that there are people in our community who are capable of very extreme acts”.

Yes it is. Are any of these people young women? Are any of them matriarchs? Are some of them young men and some of them patriarchs?

“I have spoken to the wives of both the officers concerned”.

The Prime Minister did not discuss the international meeting he is attending and the global response to terrorist acts. He did not outline our foreign policy objectives in the face of terrorist threats. He did not even have to imply that the dead young man was planning a terrorist act, regarding which no evidence has been released.

The AFP has categorically stated that there is no specific evidence of a threat to the Prime Minister. And the Prime Minister has categorically stated that he has “spoken to the wives of the officers concerned.” Remember what our alliance in Iraq is called this time? It is called the Coalition of the Concerned. Abbott is our chief patriarch, keeping Australian women and children safe from the barbarians at the gate. Sending young men (and now women) to do it.

Many will not be convinced by this analysis. Some will complain that I have left out a detail here, or omitted context there. Well, yes. Yes I have. That is what writers do. We choose to tell this story, and by choosing this story, we discard every other story there is to be told. We choose this particular story for a reason, and we often provide those reasons. My reason for choosing to present the particular analysis I have presented here is because the cognitive dissonance is so great. The only framework for understanding the events of 23-24 September 2014 in Australia available to me and my experiences is the frame of the violence and deceptions reproduced by patriarchs. It will not work for everyone.

A final word on when the penny dropped that the violence and deception of patriarchs would clarify my understanding of this uglier Australia the Prime Minister is determined we should be, regardless of facts on the ground.

Each morning I wake to an ABC radio news bulletin. I set my clock radio to 6.00am and the theme rings out and I listen to the news and weather as I begin preparing for the day. For the last few days the lead story has been the Australian Prime Minister’s decision to send the country to war again. Each piece of rhetoric I hear, every piece of propaganda dressed up as rational argument, from the so-called experts and leaders and commentators, describes the disregard our enemy has for humanity. Each description also communicates exactly what “we” are doing to “them”. Over and over I heard a head of security, or intelligence, or government, or police, using language that would not be out of place at a fiery sermon from the middle ages. Or at a radical mosque, temple, synagogue, or tent of the roller variety. It all sounds the same. I heard someone saying of the enemy that ‘some people are attracted to the thought of the end of days’. Well Christians certainly are. It is all there in the Book of Revelations.

The sad thing , the cause for despair, is this. The task of demonising the “other” is an easy one, because there the patriarchs have been doing it for centuries. It is embedded in the languages and cultures that have sprung from across the ancient world, in the collective memory of humanity.

This leaves me in no doubt that there are patriarchs of communities across Australia preaching hate. Here’s the main difference between these various patriarchs of various cultures, languages and faiths, from my perspective.

Our chief patriarch is waxing lyrical about the barbarians at the gate, with very little evidence. (By waxing lyrical I mean Abbott is awkwardly stumbling over his words which contain either religious imagery or vacuous rhetoric or both). I do not doubt the blood thirsty intent and actions of Islamic patriarchs in Iraq and Syria. I do doubt that Islamic extremists represent as serious a threat to Australians as we are told.

I also do not doubt the blood thirsty intent and actions of patriarchs in the USA and Australia. We are going to other peoples’ countries to blow up human beings and their ancestral homes, from a massive (and probably previously safe) distance.

I most certainly do not doubt that our current actions will ensure that the rate of slaughter of women and children in Iraq and Syria, by us and by them, will become much much worse. And it is women and children who ensure the survival of humanity.

Legislation is policy. Law is politics.

Not really. Not precisely. But now I’ve got your attention, legislation is all about policy, and politics is all about law.

While going about my communications in the Twitterverse this week, many people asked me whether there is a legal process by which we can get rid of an obviously incompetent and distressingly cruel government. It dawned on me that there is a profound misunderstanding about the relationship between politics and law; and more specifically the relationship between policy and legislation.

Most of us have a working knowledge of democracy and its basic tenets. Not law so much. There is a widespread set of assumptions that the law is somehow all-powerful, internally consistent, and apolitical. These false assumptions are carefully cultivated by the ruling class. In a democracy so-called, the ruling class is made up of political elites and the corporate donors who invest in political power-holders.

People break the law every day and get away with it. So the law is not all-powerful.

Cases are regularly successfully appealed, and often decided by a majority of the bench rather than unanimous view. So the law is not internally consistent.

Legislation is made by politicians. That is in fact their day job – to pass legislation on our behalf. The notion that this process could somehow be apolitical requires a complete suspension of disbelief. It is too silly a proposition for words. Laws are not apolitical because laws are made by politicians in their role as politicians. Politicians have other roles than passing legislation, but the passing of legislation is their core business. Law is inherently political.

Arguing otherwise is like talking to those people who say they are ‘not into politics’, but can not understand that their stance is a specific political position.

The relationship between policy and legislation is a specific iteration of the relationship between politics and law. Legislation is codified policy. It is a policy, or political promise, codified into law. That is how the system works. It is designed to work like this. I am not exposing a scheme any more corrupt than democracy itself – a system of government created by propertied white men for propertied white men. Much has changed, but not so much that we can not make our democracy more democratic.

Here is how a law gets born.

A group of people, mainly men and mainly led by men, and operating in a hyper-masculine patriarchal space, get together and form a political party. They encourage others of same mind to join their party. They establish all sorts of infrastructure for their party: membership, meetings, and policies. Their policies are made up of political positions on the best way to govern a society and its economy. These are bundled together and called a policy platform. The political party stands on its platform and campaigns for votes, to garner political power, in order to implement their policies. When they win government the members of the political party (the politicians) draft and pass legislation. Now they can legally implement their policies, because they have followed the accepted process with legal authority to govern in a certain way. They have codified their policy into a statute which has been passed by both houses of parliament.

Some political parties care about the planet as well the society and its economy. This is a relatively recent resurgence of understanding: that the environment is crucial to the existence of humanity. In Australia, humanity’s first responsibility to the earth was understood for millennia, but much of that vast knowledge was destroyed between 1788 and the present. Thankfully, the custodians of this knowledge are incredibly strong and resilient survivors who are also generous with much of their knowledge, as it is embedded in a culture of inclusiveness and sharing. Nevertheless, non-Aboriginal Australians are re-learning the hard way that the law’s preoccupation with people and property is anthropocentrically selfish, ignorant and destructive; and that the planet matters too.

If the political party that has come into office – by the accepted method, which is ‘free and fair election’ – and passes a piece of law that is not lawful, they can be brought to account by people with sufficient time and money to challenge the legislation in the High Court of Australia. The court is made up of seven judges. All courts are made up of an odd number of judges, so that a majority can decide closely contested cases. It is not unusual to see laws struck down, or precedents over-turned, by a majority of the High Court. A unanimous decision on the other hand is rare indeed. Not even Mabo, the most powerful High Court decision of our time, was decided unanimously. Dawson J dissented (and I never read another judgement he wrote. Not even if it was a set text. I read Justice Kirby’s judgement instead).

As most people are aware, the High Court decides the matter based on the facts and law. This is a judge’s job description: apply the law to the facts and reach a decision, and put the reasons for the decision on the public record. The arguments of over which law and which facts are put before the court by lawyers for each party to a dispute. This is the bit that tells us why persuasive arguments are so important to democracy. Remember, the politicians have already persuaded you to vote for them, based on the appealing arguments they have put about their policies, the best way to govern the society and its economy (and possibly the planet). Now someone has observed that the government may have overstepped the power handed to it by the voters, and asked the High Court to decide on the matter.

That decision will depend on the arguments submitted by lawyers about different ways to interpret words that have been arranged into sections and clauses and schedules and regulations and all the other ways that law is manifest. All of this in its entirety is a legal process originating in a political process. The point is that every aspect of it entails human beings in specific power relationships. The rights of other humans and their power relationships are always at stake. Again, think of the Mabo case, the iconic decision of a generation. How was it done? Who made it happen?

Eddie Mabo was a groundskeeper at James Cook University when he fell into conversation with one of the academics, Henry Reynolds. That conversation triggered more conversations which led to even more, ritualised conversations such as formal submissions to first the Queensland Supreme Court and ultimately the High Court. When Mabo was first recognised at law as having native title rights, the politicians stepped in and passed another law to quickly and retrospectively extinguish any remaining property rights of Indigenous peoples in their land. The High Court found that the state of Queensland had wielded power it did not have. The governing party of the state had acted ultra vires, beyond power.

Democracies are characterised by power-sharing. The shorthand used to communicate this is ‘checks and balances’. The formal name is ‘the doctrine of the separation of powers’. Power is distributed across separate arms of government so that not all power rests with a single body. The power to govern originates with the voters. The restraints on government power are the upper house, the High Court, and elections. The best illustration of the system working is a story about the Communist Party of Australia.

The story is set during the post-war Menzies era. Keep in mind that voting-age Australians had lived through the war. They had seen pictures of the liberation of Auschwitz. Anyone who had read a newspaper had a working grasp of the dangers of unrestrained power. The world had just witnessed some of the most devastating results of unrestrained abuse of power known to humankind. Not just the Nazi death camps but the bombing of Hiroshima and Nagasaki, the whole steaming killing frenzy of war on a mass scale. Into this environment we must add Stalinism and the Cold War propaganda machine. The entire post-war era was saturated with communist propaganda until recently. These days, the same tired old techniques are used to create fear of terrorism instead. Even the most cursory of glances through history reveals that the end of a war brings not peace but a frantic search for new enemies and markets. The military-industrial complex has dominated the modern human experience, although it is rather unfashionable to speak of it. In those brief moments between foreign war waging, the state mobilises the prison-industrial complex instead, and wages war against its own people, such as the ‘war’ on drugs.

So when the Menzies government tried to ban the Communist Party of Australia (CPA) it was always a politically risky move that required truckloads of anti-communist propaganda to support the case. Propaganda is wheeled out when there is no rational, logical argument for a transfer of power, a shift in the power-sharing arrangements. Men in power always seek to transfer power from the citizenry to the state, because they run the state. In this case, the government sought to outlaw a political opponent, and a savvy political opponent at that.

The Communist Party lawyers took the case to the High Court and persuaded the bench, using logical, rational legal argument, that it is unconstitutional to outlaw a political opponent in a democracy. This should be a no-brainer. Where governments seize power to outlaw the opposition, we end up with a one-party state, which is the opposite of a democracy.

Being nothing if not cognisant of the law and the political system, the Menzies government then took the question to the ultimate arbiters in a democracy. A referendum was drafted, and put to the people at an election. All of this was of course accompanied by frenzied propaganda, enthusiastically reproduced by media cheer squads. The propaganda and fear-mongering were necessary for the same reason it is always necessary: the idea itself was a poor one. A stupid idea. An anti-democratic policy.

The Menzies government was returned, but the referendum was not passed. The Australian people effectively said to the Menzies government: here, we will elect you democratically but not confer on you the power to diminish our democracy. The system worked. Australians safeguarded their democracy from excessive power of the state, in this case to outlaw a political opponent.

There are lessons, as always, in this history. Last time the anti-terror frenzy was whipped up by a Coalition government, the Greens tried to make commitment of Australian troops to a foreign conflict a necessary decision of parliament. In other words, the Greens presented a sensible, moderate, restrained limit on executive power by arguing that taking the nation to war required the Parliament, rather than the government of the day, have the power to make the decision. Of course the major parties united in their own common interest and voted the amendment down. All major political parties can smell a power grab and rush it through. It doesn’t matter which major party proposes the power grab. The other major party will rub its hands with glee at the prospect of its future grabbing of the levers of power.

The same thing is happening today. The money-grubbing power-hungry policy-vacant minds of the Commonwealth government are talking gravely of a terrible threat to the nation, enthusiastically brandishing imagery of swords and witches’ brews and other fermenting cauldrons of mediaeval primitive Muslimish threats. The Australian people are gravely assured that we must ‘sacrifice’ some freedoms for security. They tell us the problems are deeply complex, but can be solved with new legislation and military aggression. It was ever thus. The proposed legislation is simply a transfer of power from the citizenry to the state and its heavily armed and extremely powerful agents (ASIO, the ADF, the AFP).

The actual complexities, such as the role of the west in producing todays problems, are never mentioned. According to teh dominant narrative, the arguments that are made by politicians and reproduced by the mainstream press, none of the mess in Iraq, or Syria, or Kurdistan is of our making. Rather some random extreme danger has sprung out of nowhere and is lapping at our shores. The only possible cause raised other than super terrorist Islamic Islamicness is social media. Yep, that’s right. Nothing to do with weapons manufacturers or ill-conceived military adventurism by profiteering warmongers of the west, but maybe social media played a role. Power-holders hate being held to account by people using social media. This is because so many of their lies and mediocrities are distributed so rapidly. So they decide that social media could do with a little bit of demonising while we are in demonisation mode.

To the people who seek answers on what to do with this appallingly inept government, who inquire as to legal solutions to a political problem – and political problem manufacturer – I am sorry there is not a better answer. I hope this post has at least provided some clarity on how our democracy works and why we can not just fire the PM for being a fearmonger and a liar and a sexist racist homophobe. I wish we could.

The law can not stop the state unless the citizenry insist that the law at least examine the actions of the state and determine the legality of its actions. What makes its actions legal are the drafting and passing of statutes through both houses of parliament by a vote of our elected representatives. When the government of the day is doing a terrible job, when it can not pass the legislation that has been drafted to codify its policies – such as what to spend the nation’s tax receipts on in the case of the spectacular failure of its first budget – the government turns to propaganda. And the most time-honoured topic of propaganda is war. And that is what we are watching today in badly-governed, geo-politically safe but very racist Australia.

Naming the enemy: Why Abbott has switched to saying ISIL

The Australian government has decided that Australian taxpayers should spend half a billion dollars per year fighting a war against someone.

Not so long ago we had a budget emergency. We were drowning in a debt and deficit disaster. The problem was so dire that it justified starving people under 30 to death. It justified gouging pensioners to see a doctor. It justified disinvesting in people with disabilities, disinvesting in universal education, hindering access to university for all but the wealthy. This talking down of the economy as though there is no relationship between confidence and economic growth justified gutting the most important 21st century infrastructure and productivity boost the country ever attempted, a national high speed broadband network. These appallingly brutal policies, which are terrible for business and consumer confidence and will have a negative multiplier effect, had to be installed because the government’s political opponents. That is the argument. Plus something about poor people and car ownership. Really. Leaving aside foreign minister Julie Bishop, who has stood loftily above mundane domestic issues like whether young people can eat, we have a room full of white men and one wannabe white man, a group whose combined education cost millions. Here is what they decided: hey we can kick the poor people yay because the Labor Party.

So we are dealing with a bunch of heartless economic illiterates for whom power is its own end. They do not want political power to run the country for all Australians, to invest in our future, or to make sensible fiscal decisions based on a coherent ideology and our shared, national future. They do not even have a coherent ideology. They did once, but it has been jettisoned. Cogency? Principles? Values? Nah, no need. This is the age of neoliberalism gone mad, a ramshackle outfit of nasty incompetent brutes who have their greedy hands on the levers of power and are determined to bring the rest of Australia across to their grim and destructive outlook. That way they are returned to power, and that is all they seek. Nothing more.

When domestic politics go wrong, as with the spectacular failure of this first Coalition budget since 2007, men in power look for a distraction and a common enemy. I would call this an old trick except it is something more serious than a trick. It is a tired unimaginative political ploy, but it is also stupidly expensive and globally destructive. The current Australian government has chosen ISIS. Or ISIL. Or is it Islamic State. Hard to know.

We could be spending half a billion dollars a year on foreign aid. Or combatting Ebola. Or re-building Gaza, a recurring, urgent need that will never go away, or not for as long as Israel refuses to get over itself. We could invest that money in education, or health, or infrastructure. We could just distribute it evenly across the Australian population and save millions in welfare compliance costs. It would pay for itself in the year, easily. But instead, the government is pouring massive amounts of our own money into scaring the shit out of us. For the same old shitty reason: to stay in power. That is it, that is all. Nothing more.

Putting to one side all the constructive efforts in foreign affairs we could be doing instead, here is the problem with naming the enemy. The enemy calls itself Islamic State. This is clever. It is brief and pithy and to the point. Islamic, and a state. No need to use the word caliphate, but a caliphate is clearly implied. It is the same with the capital of Pakistan, Islamabad. Apart from colonial imperatives, which were numerous and powerful, Pakistan was created as the territory neighbouring India for people of the Muslim faith, and as such named its capital Islamabad. It is nigh on a teetering failed state, of course. No people can be at the whims and tides of colonial imperatives for centuries and then be expected to function democratically when the coloniser cuts and runs. It never works, and it will never work again in Iraq and Syria.

For a while, the news media went along with most Western leaders and called Islamic State Islamic State. There was an exception, however, and an important one. President Obama resolutely and consistently referred to ISIL. This is an acronym for Islamic State of Iraq and Levant. Obama conspicuously did not refer to ISIS, the alternative acronym which stands for Islamic State of Iraq and Syria. This week, the Australian Prime Minister finally got the memo and switched his language too. He had already committed the death and destruction machines, the money, and the human beings, to fighting this super terrible threatening horrific terrorist terrorist terrorist threat. Remember, it is a threat. No Australian has been harmed in any way. Then yesterday the Prime Minister also worked out what he was supposed to call the enemy. Well done, Tony.

Words matter. Words are powerful and influential and important. Using words in war is always as important as the killing machines. This is why we quote the ancient and modern iterations of that famous phrase ‘the first casualty of war is truth’. It goes to such truisms as ‘we have to win the battle for hearts and minds’. So naming the enemy is a pretty basic starting point for committing our country’s resources – human and capital resources – to an obviously poorly considered, expensive, unwinnable war.

Here’s the thinking behind the words, or the best explaination I can figure, which is not easy, because I don’t think the way these war-mongering idiots think.

Naming the enemy by its own preferred moniker is giving succour to the enemy. We can not call Islamic State Islamic State because we want to demonise its Islamicness but not credit it with statehood. It is a powerful armed group seizing territory by force, just like England and France and Spain and Portugal and all the other imperial powers have done in the past. But we must not allow this now because Islam. Or democracy. Or subjugation of women. Take your pick.

Or barbarian hoards at the gate. Aha. Here it is. Invoking barbarism is a typical appropriation by imperial powers, in this case of the Berber identity, dehumanising and demonising a whole group of people. The Greeks saw the Berber as ‘aliens’ or ‘foreigners’ as they came from across the Mediterranean, the sea at the middle of the territory. The Berber of the ancient world, from North Africa, or the Mughrabe, provide the linguistic origin of the imagery invoked by barbarism. Much the same was done to the Philistines by those who wanted their country and identity. The Philistines are the Palestinians, and thus it is a cinch to invoke notions that Palestinians are uncivilised in the western/Christian mind. Bethlehem and Nazareth are of course in Palestine, hence the desire of the Christian west to appropriate Palestinian identity and cast a whole people as deserving of subjugation, dehumanisation and, in the case of Western support for Israel, mass murder.

Whatever, just keep arming this side or that and profiteering from the sale of weapons and the deaths of human beings. This is obviously the work of violent and inept men in thrall to the military-industrial complex, but it is unfashionable to say so.

That little journey through geo-political history and nomenclature brings us to why Obama and now Abbott call the enemy ISIL and not ISIS today. Islamic State of Iraq and Syria presents a problem: it names Syria. The western intervention wants to stop at the imaginary line, drawn by colonial powers in the first place, between Iraq and Syria. As the enemy has so neatly captured in its name, the actual human beings who live there did not consent to this border, and it has been used ever since by powerful leaders for their own ends rather than for the good of local populations. Iraqis and Syrians have always had cross-border family and friendships and tribal connections and enmities and all the other relationships that humans create. But it suited Assad and other Syrian and Iraqi leaders before him to go along with the borders of a nation state. As Palestinians know only too well, it is nigh on impossible to function in the contemporary world without the rights and interests that are conferred with the existence of a nation state with borders. This is so for individuals and for groups, for societies and religions and polities. It is a relatively recent development, and it feeds all sorts of violence and problems and vested interests of rich and violent men. But there it is.

Australians tend to overlook the significance of borders and the colonial powers that created them at huge cost and heartbreak for local populations because our borders are so clearly delineated. As a great big island continent, we know where we are and who we are more clearly than possibly any other country. It is only when some minor short-lived clamour is raised, like that around our navy entering Indonesian waters to tow back asylum seekers – more human costs and misery – that we are reminded that we even have borders with other countries.

The point of writing Syria out of the story is that its regime has killed almost 200,000 of its own citizens in just three years. This mass slaughter, this crime against humanity, this revolting atrocity, is not apparently worthy of Western intervention. So if we name the enemy Islamic State of Iraq and Syria, we risk awkward questions about our failure to give two hoots about the lives of the Syrian people. And as the meme goes, awkward questions are awkward. So to spare the sensibilities of a gung-ho war mongering buffoon like Abbott, we don’t mention the war. Or not the Syrian civil war.

That leaves the final label, Islamic State of Iraq and the Levant. This one is tricky. The ancient world was understood and labelled as Mesopotamia, the Levant, and the Mughrabe. Mesopotamia centred on modern day Iraq. Think the Hanging Gardens of Babylon. The starting point of Abraham’s journey. The Levant is further west. Think the twelve tribes of Israel. Hold that thought. And finally, the Mughrabe, the northern swathe of the African-Arab world. It stretches across much of the area where the Arab Spring, that moment of hope, originated.

Why on earth would we in the west choose this invocation of the Levant, with its anachronistic imagery and biblical overtones, to refer to our present-day enemy?

Easy. It triggers all the associated geo-political and religious imaginations, the clash of civilisations thesis. It implies that Israel is in danger, again. Israel is always in danger in its collective Israeli mind despite being the most heavily armed territory in the region, with the fourth biggest army in the world, on a permanent war footing and undisclosed numbers of nuclear warheads. Saying ISIL feeds this and other useful imagery. It implies the backwardness of those violent sectarian Arabs, always at war with each other. It erases the massive damage wreaked upon the region by the imperialist west, from colonial times to the 2003-09 carpet bombing of Iraq. It shifts responsibility from us, us who clearly have the most fire-power, global power, and capacity to harm. It simultaneously evokes biblical overtones while managing to imply that Muslims are sword-wielding primitives who nevertheless pose a grave terrible horrific terrorist terrorist terrorist threat to our way of life over here in wealthy, distant, peaceful Australia.

And remember, it is still a threat and a threat alone. No single Australian has been harmed by the enemy. Not one.

Tony and his ways. Yes, it is all about him

Recently I wrote a piece on why Australians should care whether the person in the highest elected office in the country was eligible to stand for public office in the first or second instance. As with any online activity, it garnered its share of naysayers, trolls, weirdos and attention seekers. But mostly the response was positive.

Aside from teaching law, one of the things I do for a living is text analysis. This means analysing a piece of text, usually media articles, for its complex and hidden meanings. I identify implied premises, weak or false presumptions, and whether cultural norms like sexism, racism and homophobia are reproduced in the piece.

For this work, I use two main tools. One is a text processing software program and the other is the human brain. The two work in tandem. The software would be useless without a human brain to make sense of the results (and many human brains to design, deliver, install, trouble shoot and otherwise supplement the shortcomings in my tech skills, which are many). The human brain is possibly the most incredible processing tool on the planet, but it has its limits, and I could never process as much text in the time that I currently do without the whizz bang invention of computers, the internet and a little bit of software called Leximancer. Naturally, with a name that invokes the Greek word for word (think lexicon) and the Latin word for law (lex-legis-legislation) it was love at first sight for me and Leximancer.

Happily, there is also a little known facet of the human brain that can be loosely described as transferability. We humans have not yet used our smarts to bring about world peace, but we could if we put our minds to it. The brain capacity is there, the trick is to use it. Transferability refers to the fact that a skill or experience or knowledge practice that is gained in one area of our lives (like employment) can be transferred to another area (like writing blog posts). These may sound interchangeable, but they are not. One of the chief criticisms of academia is that we refuse to climb down from the ivory tower and communicate in the everyday world with people who do not have the luxury of being paid to think and talk and write. We should, but many do not.

Because I am a strong advocate for academics engaging with people beyond the academy, I use social media to communicate about ideas. Communication necessarily involves more than one human being. It is more and more multi-channelled these days, but at the absolute bare minimum, communication must be at least a two-way process, a dialogue between two people. Otherwise you are simply talking to yourself. I also do this sometimes (or more often, shout at the radio) but I am venting, or processing, or pondering. I am not communicating.

In this spirit of human communication, I decided to use the tools and skills of text analysis to understand the response of readers to my earlier post. In other words, I transferred the tools and skills I have gained from academia to the everyday to better understand responses to my piece on Abbott and his citizenship status.
Several themes emerged among those who took the time to comment (and thank you to everyone who did, even the trolls. To a text analyst, you all provide a rich seam of data collection).

The first can be broadly titled ‘who cares?’ This theme more or less claimed that Australians are disengaged from a disgraced and disgraceful parliament, and wish a pox on both their houses. This is known as ‘conflation’. The Labor Party is a political party. It seeks political power and is populated by people who seek political power. It blew its tenure after 2010 because these power-seeking factors were not subordinated to good governance, but should have been. The ALP nevertheless has a robust body of policy development. It is the party of social equality as a method of striving for social justice. A truly national high speed broadband network for example is a social equaliser. People in rural and remote areas are generally worse off than those in metropolitan areas. The NBN would be one way of narrowing the inequality, through better access to information. Reforming the sneaky school funding model that subsidises elite private schools, a systemic overhaul to improve our abysmal support for people with disabilities – these are social equalisers. The policies are designed to narrow the gap between advantage and disadvantage, rich and poor.

The Liberal Party has no such social conscience, grasp of nation building, or understanding of long term investment, in either essential modern infrastructure or social and cultural capital. Its policy on paid parental leave is modelled on the same greedy amorality as the unnecessary private school funding subsidy. It forces a fork lift driver to pay for the lifestyles of the wealthy, as one Mt Druitt man put it to the then Leader of the Opposition in Rooty Hill last year.

Make no mistake: if you are on $100Kpa in wealthy, sunny Australia, you are in an extremely elite club. You are among the luckiest people on the planet. You want for absolutely nothing. And if you cry poor because of your own stupidity and greed (that’s called “overcapitalisation”) and put your hand out for government subsidies, you are spoilt and ugly and wrong. A government that redirects tax receipts to you, instead of to where it is actually needed and will do long term cumulative good, is also ugly and wrong and does not deserve your vote.

This is not complex stuff. We don’t need more evidence that greed and dishonesty – and racism and sexism and homophobia, to name a few other preoccupations of the powerful – among elites is what actively impoverishes and marginalises everybody else. The evidence is in. Inequality increases under LNP governments. The question is what to do about it. The answer is to vote the LNP out of office. This is the dilemma for the double pox crowd. There are only three parties who ever form government, two in a coalition and the other in its own right. The ‘who cares?’ mob are disengaged from politics because they dislike the alternatives on offer.

This is not an unreasonable position. Both parties are led and populated by unpleasant power-seekers. But the problem is not solvable at this level, because all political entities are led and populated by power-seekers. That is the whole point. Just as business entities exist to generate profit, political parties are formed to seek power.

Another theme that emerged among the commentary on citizenship and election to high office was dismissal of a breach of the Constitution by our highest elected office holder as a “legal technicality”. This language drives lawyers crazy. There is no such thing as a legal technicality. There is such thing as a law, in this case the foundational legal instrument of the nation, and Act of the British Imperial Parliament, the Constitution of the Commonwealth of Australia. It is the law that founds Australia as a nation and a federation, and it authorises every other law in the country. If a Parliament or a court – the two sources of law in our system – makes a law in breach of the Constitution, it is struck down by the High Court. The law-making body is sent back to the drawing board to redraft its law such that it is not in breach of the Constitution. This can not be overstated. It is unconstitutional, in a constitutional monarchy such as Australia, to make a law that is not within the bounds of, and thus authorised by, the Constitution itself. Can an act be illegal but not unconstitutional? Or unconstitutional but not illegal? Think about that for a moment. You don’t have to answer, or get the answer right, to grasp the argument. You only have to briefly ponder the two questions or why each has been posed.

The way to find out if something is unconstitutional – such as the appalling funnelling of hundreds of millions of dollars to homophobic religious proselytisers in our public education system, for example – is to take the argument to the High Court of Australia. The High Court is constituted of seven human beings. Each is appointed by the government of the day when the previous member compulsorily retires at the age of 70 years. The vast majority of High Court justices in its 114-year history have been heterosexual white males from elite backgrounds. The parents of these men have inherited and amassed considerable private wealth, send their children to elite private schools, and further support them through study at elite sandstone universities. Again, this is a group of the luckiest people on the planet. No member of this group wants for anything, and if they say they do, they are lying. Yes there are a few recent exceptions. There always are. This does not change the history or the dominant culture of the court. And while the history can not be changed, our understanding of it, as well as of the dominant culture, is changing. That’s progress.

The point is that to belong to this elite group and still not abide by its rules is a special kind of arrogant. It is easy enough to fall foul of the law. It is easy enough to remain ignorant of the law. But the front line agents of the law, the police, concentrate the use of their power and resources – and police are an extremely powerful group of individuals, heavily armed with legal use of force by taser, spray, baton, gun and physical wrestling and restraining actions – on particular groups.

Police place young people under much heavier surveillance than old people. Young men cop heavier surveillance than young women. Olive-skinned young men, particularly those ‘of Middle-eastern appearance’ (whatever that means) are more closely monitored again. And if you are a dark-skinned young man, whether African or Aboriginal or Islander, you are the most likely of anyone in our society to be under extreme levels of surveillance, followed, stopped, searched, your rights violated and your very existence criminalised. The police take a deep and abiding interest in the thoughts, actions, and movements of dark-skinned young men. The police treat these people very violently. The police frequently violate these people’s rights. The chances of these people ending up in the criminal justice system are high, and out of all proportion. Consider the threat to humanity and the planet posed by big polluters, for example, big mining, big coal. Or mainstream media outlets whose employees deliberately distort messages to the public to profit the proprietor, or big tobacco, big pharma. Weapons manufacturers are the worst, yet no-one is effectively policing their behaviour.

Like the law, these powerful entities are run, in the main, by rich white men for rich white men. For rich white young men to come to the attention of the law, they have to seriously draw attention to themselves. The young Tony Abbott came to the attention of the law a number of times. He wheeled out the QCs, as rich white people do. Each incident is enough to leave a reasonable human being breathless with disgust; and a rich white man laughing off such actions as ‘harmless’ or ‘a joke’.

This is a standard practice of the powerful. While frequently and persistently violating others in pursuit of their own ends, only the bit about pursuing their ends is meaningful to the elites. The violation is not. The violation is meaningful to the person they have violated, but not to the power-elite who perform the act of violation. They do not care. This is the same for police officers who violate the rights of Aboriginal people and for most of the vast history of the legal system we inherited from the English. The entire existence of modern Australia in its current form is the product of just such violations: English men pursuing their own ends at the expense of violating others’ rights.

The Australian Prime Minister was born an elite English man, rich and powerful. He applied for Australian citizenship for the purpose of pursuing his own ends, namely, an elite scholarship to an elite university. Whether he was eligible to stand for public office when elected in the first or second instance is not a legal technicality. Such a violation of the Australian Constitution is the embodiment, the absolute epitome, of all that is wrong with the law that was imposed on this continent, and all that is wrong with Tony Abbott. Such a breach would accurately represent the way powerful elites pursue their ends without regard for others, or for the law. Just like Tony Abbott and everything for which he stands.
To be continued. At length
IM