The Invisible State: The Formation of the Australian State

by
Format: Paperback
Pub. Date: 2002-08-26
Publisher(s): Cambridge University Press
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Summary

In the modern State, power rests on the consensus of the citizens. They accord its institutions the authority to regulate society. Contemporary state theory suggests that this authority is a right to speak on certain matters in certain ways and to have the audience agree with those statements. It is a matter of an authorised language; all others fall into the category of ratbaggery. In this, the first major book applying contemporary State theory to Australia, Alastair Davidson shows how Australian citizens were formed in the nineteenth century, and how their particular characteristics led to the empowering of a certain language of power: legalism. He further shows that this made the judiciary the most powerful arm of government - unlike countries where the people arm sovereign and the legislature supreme - because the judiciary has the last say on all issues and in its own language.

Table of Contents

Acknowledgments ix
Preface xi
Prologue 1(3)
The European model
4(2)
The English ``time immemorial ways''
6(6)
The making of consensus
12(4)
``. . . a remote portion of the British Realm''
16(3)
Private Vices Become Public Benefits
19(16)
``The child is father of the man. . .'': The governors as manufacturers of Australians
19(11)
An unruly family: The ideology of an unpunished and undisciplined convict world
30(5)
The Under-keepers
35(30)
Settling them down: Compelling work habits
35(6)
The experience of work: Learning through doing
41(8)
Making the family: Marriage and the creation of the basic social organisation
49(9)
The result of such patterns of punishment and discipline: The disciplined, honest and industrious family man
58(7)
Dispossession
65(26)
Deliberately possessive individualism causes unintended political attitudes: The adolescent rebellion created
65(4)
Squatters as models: The biggest possessive individualists lead the rest
69(8)
``The way to hell...'': The destruction of the Aborigines
77(9)
Equal treatment for the unequal compounds injustice
86(5)
The House That Jack Built
91(32)
The reforming administered society and its structure
91(2)
The British connection: The despotic enemy
93(3)
A separate Australian administration emerges
96(6)
Policing the inhabitants
102(5)
Public action in the police state: Learning to be a citizen
107(5)
The systematisation of police regulation: From regular coercion to preventative regulation
112(7)
The establishment of an ``impartial'' administration
119(4)
Quis Custodiet Ipsos Custodes? The Sovereignty of the Law
123(28)
Finding a ``more reasonable basis'' for the national family: The end of an unaccountable administration and the beginning of law
123(6)
The reason of the Australian law and the place of politics in it
129(12)
The bases for consensus in the rule of law
141(7)
Ousting popular notions of law and justice
148(3)
The Trojan Horse
151(42)
The legal profession becomes dominant in society
151(3)
The lawyers lead the struggle for civil liberties
154(4)
Politics and the beginnings of the Australian State
158(1)
The popular demand for British law and order
159(3)
The lawyers set up the State for the people
162(7)
The lawyers decide what this new State is and fail
169(2)
The law decides what the State is and succeeds
171(5)
It is not what the British have: Responsible government
176(11)
Why the ``rule of law'' in Australia is not the British ``rule of law''
187(2)
Colonial self-government: The forms of democracy without the substance
189(4)
``Suffer Little Children''
193(26)
Threats to stability: International capitalism and the world market
193(6)
New hegemonic solutions: The manipulation of women
199(8)
New hegemonic solutions: The State in loco parentis
207(4)
New hegemonic solutions: The State as educator
211(3)
New hegemonic solutions: Demographic control of the population and the complicit victims
214(5)
A State for a Continent
219(22)
Threats to the hegemonic State: The use of ``labour''
219(2)
The contradictions of capitalism and the failure of the colonial hegemonic State
221(4)
The beginnings of an Australian solution: Legalisation of conflict by conciliation and arbitration
225(2)
The systemic limits to conciliation and arbitration in the colonial State
227(3)
Continuity and change: The federal solution as the extension of the hegemony of law
230(3)
The consensus of the people: The conventions of the 1890s
233(3)
The people sign their own warrant
236(2)
A people gets the government it deserves? The constitution of the Commonwealth of Australia
238(3)
``... the Triumph of the People''
241(16)
Who was responsible for the failure to achieve popular sovereignty?
241(2)
The role of the organisers of the people and the hegemony of bourgeois ideas
243(7)
The absence of theory and the triumph of legalism in the leaders of the people
250(4)
Lost opportunities and pious hopes
254(3)
Epilogue
257(4)
The de jure pre-eminence of the judiciary in the Australian State
257(1)
Its de facto pre-eminence excludes a discourse of popular sovereignty
258(3)
Notes 261(52)
Select Bibliography 313(10)
Index 323

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