54 research outputs found

    Activism and Legitimation in Israel's Jurisprudence of Occupation

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    Colonial law need not exclude the colonized in order to subordinate them, and ‘activist’ courts can advance the effect of subordination no less than ‘passive’ courts. As a case study, this article examines the jurisprudential legacy of the Israeli Supreme Court in the context of the prolonged Israeli occupation of Palestine. Applying insights from legal realist, law and society, and critical legal studies scholarship, the article questions the utility of using the activist and passive labels. It illustrates how the Israeli activist court, through multiple legal and discursive moves, has advanced and legitimated the colonization of Palestine; that the court is aware of its role; and that arguments that focus on the court’s informal role do not mitigate this legitimating effect. Unlike other scholars, the article shows that the Israeli court’s role—by extending the power of judicial review to the military’s actions in the occupied areas—is neither novel nor unique or benevolent, as the British colonization of India and the US colonization of Puerto Rico show

    Reconciling Nicci Lane: The 'Unspeakable' Significance of Australia's First Indigenous Porn Star

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    This article will explore X-rated representations of Aboriginality in Australian-produced pornographic videos, particularly the image of Australia's first Indigenous porn-star, Nicci Lane. It investigates how pornographic narratives involving 'Aboriginal' characters or motifs are connected to broader embodiments of Aboriginality in popular culture. Drawing a parallel with Australian television drama and mainstream films, the article highlights how contemporary sexualized images of Aboriginal people are intimately tied to a politics of reconciliation. By surveying recent literature on pornography, which describe how certain pornographic narratives engage 'unspoken' community desires, my argument will discuss Nicci Lane's career as a unique development in the history of representations of Aboriginality. Through analysis of Lane’s Arigato Baby (1991), these ‘unspoken’ desires relate to showing Indigenous people in everyday sexual contexts, as romantic partners, friends and lovers. My argument will go on to suggest that, through Nicci Lane's performance and profile, the image of Australia’s first Indigenous porn-star offers the possibility for imagining new kinds of interracial intimacy within the Australian public sphere
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