Communitarianism is an internationally contentious anti-liberal theory which is becoming increasingly popular in political philosophy. It commonly is employed to motivate and legitimate �identity politics� - a politics which is used to defend the rights of disadvantaged aboriginal minorities to maintain their traditional ways. Recently �identity politics� has been exploited in mainstream poltical/educational academic literature in New Zealand, especially in literature that deals with Maori issues. This is significant because in the recent history of New Zealand, liberal political theory has been dominant. Notions of rights and of fairness are fundamental to communitarianism and to liberalism, but communitarians and liberals hold very different ideas about what these notions involve. My PhD thesis compares their ideas and relates them to New Zealand. It views certain social and political issues in New Zealand, by way of liberal and then communitarian theories. It examines how liberalism and communitarianism have been, and can be, used to support and to legitimate particular policies and practices in terms of �fairness� and �justice�. My work considers the explanatory and the practical application of communitarianism and liberalism with respect to their conceptions of human nature, political ideals, rights and rationality. It defends liberalism against the communities the protections they �need� in order to flourish. With respect to New Zealand it recognises that Maori have been treated unjustly by the crown, but argues that much of the injustice happened, not because of liberalism, but because liberal values were not upheld. The thesis concludes that liberalism is better equipped than communitarianism to describe Maori and Pakeha relations, and to formulate a framework for positive and constructive trans-cultural policies that will respect both Maori and Pakeha cultures.

This thesis examines the possibilities for building a reconciliatory jurisprudence for the protection of indigenous rights under the Australian Constitution. The thesis first examines what could be meant by the term ???reconciliation??? in a legal context and argues that it requires (1) acknowledgement of and atonement for past wrongdoing, (2) the provision of recompense, and (3) the establishment of legal and constitutional structures designed to ensure that similar wrongs are not repeated in the future. The thesis focuses on the last of these three requirements. It is further argued that developing a reconciliatory jurisprudence first requires the courts to free themselves from the dominant paradigm of strict positivism so that they are liberated to pay due regard to questions of morality. Given this framework, the thesis then sets out to examine the purpose and scope of the race power (section 51(xxvi)) of the Australian Constitution, with particular regard to the case of Kartinyeri v Commonwealth in which the High Court directly considered the power. The thesis concludes that the majority of the Court had not, for various reasons, properly considered the nature of the power. An appropriate ruling, it is argued, should find that the power does not enable Parliament to discriminate adversely against racial minorities. The thesis then proceeds to consider whether there are implied terms under the Constitution that protect fundamental rights. It is argued that these rights are indeed protected because the Constitution is based upon the rule of law. In addition constitutional provisions are to be interpreted subject to the presumption that its terms are not to be understood as undermining fundamental rights unless a constitutional provision expressly states otherwise. The thesis also considers whether there is an implied right to equality under the Constitution. The conclusion drawn is that such a right exists and that it is both procedural and substantive in nature.

This dissertation examines how historians, writers, colonial administrators, social scientists and immigration officials represented Anglo-Indians between 1850 and 1998.Traditionally, Anglo-Indians have sought to correct perceived distortions or misinterpretations of their community by disputing the accuracy of deprecatory stereotypes produced by ‘prejudicial’; writers. While the need to contest disparaging representations is not in dispute here, the present study finds its own point of departure by questioning the possibility of (re)presenting an undistorted Anglo-Indian identity. (For complete abstract open document)

This thesis examines how Aboriginality, ‘Asianness’ and whiteness have been imagined from Federation in 1901 to the present. It recovers a rich but hitherto largely neglected history of twentieth century cross-cultural partnerships and alliances between Indigenous and Asian-Australians. Commercial and personal intercourse between these communities has existed in various forms on this continent since the pre-invasion era. These cross-cultural exchanges have often been based on close and long-term shared interests that have stemmed from a common sense of marginalisation from dominant Anglo-Australian society. At other times these cross-cultural relationships have ranged from indifference to hostility, reflecting the fact that migrants of Asian descent remain the beneficiaries of the dispossession of Aboriginal and Torres Strait Islander peoples. (For complete abstract open document)

Thesis (MA)--University of Stellenbosch, 2007. / Bibliography. Also available via the Internet.

Thesis (Th. D.)--Concordia Seminary, St. Louis, 1991. / Includes bibliographical references (leaves 315-326).

Thesis (Ph.D.)--Tufts University, 2001. / Director: Elizabeth Ammons. Submitted to the Dept. of English. Includes bibliographical references (leaves 234-254). Access restricted to members of the Tufts University community. Also available via the World Wide Web;

Thesis (M.A.)--University of Nevada, Reno, 2007. / "May 2007." Includes bibliographical references (leaves 90-102). Online version available on the World Wide Web.

Thesis (Ph.D.) -- University of Western Sydney, 2004. / Bibliography: leaves 262-270.

Thesis (D.Min.)--South Florida Center for Theological Studies, 2005. / Includes bibliographical references.