This thesis looks at the reality of the situation of the Tasmanian Aborigines using the theme of the 19th Century genocide of the Tasmanian Aborigines and the Sacred wound in the context of the law and spirituality. The methodology of the lived experience of the author is drawn upon for a legal and spiritual analysis of cases lived by the author, which provide a backdrop to the handing back of certain Aboriginal lands in Tasmania as well as reflecting on the intersection of Aboriginal lore and the legal system. The meaning of these cases goes beyond a rational legal analysis as the idea that genocide is still continuing is a difficult one for Australians to understand due to compartmentalisation between spirituality and the law in the context of modern Australia. The High Court case of Mabo poses a dilemma for Aborigines as it contains an opportunity to move beyond terra nullius thinking, but at the same time it limits claims in a way that continues dispossession and may in certain circumstances disallow aspects of Aboriginal self determination. Within this apparent standoff lies the possibility for a development of the law that can embrace or incorporate the Aboriginal spiritual attachment to the land, ancestors and artefacts. There is no word in the English language that can describe the multifaceted, inside and outside, perspectives required to carry out the required discussion that could bring the law more into tune with the people, the land and the original inhabitants. The spiritual direction of Australia, however, could be affected by the turning away from a material, logical rational perspective to the embracing of connection as a value in itself: to spiritual values and a personal sense of calling. The Sacred wound is the meditation around which the discussion of all these themes of lived experience, the law and spirituality moves and ultimately rests. / Doctor of Philosophy (PhD)
| Identifer | oai:union.ndltd.org:ADTP/189446 |
| Date | January 2002 |
| Creators | Kidd, Michael John, University of Western Sydney, College of Arts, Education and Social Sciences, School of Humanities |
| Source Sets | Australiasian Digital Theses Program |
| Language | English |
| Detected Language | English |
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