Recognizing Aboriginal Title: The Mabo Case and Indigenous Resistance to English-Settler Colonialism

Recognizing Aboriginal title: the Mabo case and Indigenous resistance to English-settler colonialism Peter H Russell University of Toronto Press Inc., 2005, xii+470pp including notes, bibliography and index, ISBN 0802038638 Upon first hearing Peter Russell comment on his latest publication during a Flinders University 'Indigenous Australians and the Law' lecture, I was impressed with the way he passionately articulated his views regarding the nature of Australian native title and Indigenous affairs, yet also intrigued about the approach an Anglo-Canadian scholar of political science would adopt towards analysing the relations Indigenous peoples have with the Australian state. Why did he, of all academics familiar with the Mabo case and its implications, choose to focus his latest work on the topic, and what could he potentially offer that other academics could, or simply would, not? I was pleased to discover that Peter Russell's unique position bestowed numerous benefits. First, since he is located outside the Australian body politic, his analysis has the advantage of objectivity. At the same time, this prompted him to incorporate a comparative and international perspective, which adds an important dimension to the text. After all, Australian developments culminating in the Mabo case were largely influenced by those occurring elsewhere. Moreover, Russell's political science, rather than purely legal, orientation led him to openly examine the interplay between law and politics. Somewhat refreshingly, he had no qualms about satirically referring to the 'legal magic' often prevalent in the settlers' legal system, the so-called legal 'great god of certainty' (p.322) at play, or the ability of the settlers' court to act as the 'legendary trickster' (p.343). Lastly, as 'a person whose ancestral ties are with the colonizing English-speaking people' (p.381), Russell's work is arguably an important contribution to the global process of Indigenous-Settler reconciliation, which he identifies not only as ongoing, but also as an objective that must be mutually aspired towards, and cooperatively obtained. Russell comprehensively covers the development of Indigenous-Settler relations in Australia, from the time of settlement in 1788 right up until the millennium and beyond. This might sound like a rather dry and heavy mix; however, Russell stylishly interweaves the biographical side of the text with the broader theoretical context in which it is embedded. As the book's centrepiece stands Eddie Koiki Mabo (p.312): a Merian man of the Pladarim clan, pearler, long-time exile, cane-cutter, dock-worker, loving husband, father and grandfather, school founder, community activist, university groundsman, researcher and lecturer, champion of Indigenous culture, and a courageous, indefatigable but mortal litigator. Indeed, one could not easily appreciate what led Eddie Mabo down this winding pathway, without Russell's exploration of the ideology and implications of imperialism (in Part 1), or his analysis of the foundations of Australian colonialism (in Part 2)--the very remnants of which Mabo sought to overcome. Similarly, the human element to the text helps the reader grasp and digest the true nature of imperialism and colonialism and the impact they had, and still have, upon Indigenous peoples. In this way, the macro and micro aspects of the text tend to reinforce one another and enrich the text as a whole. Contrary to what one might expect, the dual character of the book does not compromise its overall coherency. Russell has strategically interspersed the more biographical sections of the text among the theoretical and has succeeded in producing a very integrated whole. After tracing Mabo's upbringing and political awakenings, Russell moves on to discuss the ideology and legal legitimisation of Western imperialism. His comparative analysis of the different English-settler colonial laws and policies follows further biographical detail about Mabo and the local legal and political climate he confronted as a young man. …

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