Indigenous Law Journal

at the University of Toronto

Being/Nothing: Native Title and Fantasy Fulfilment

Author:
Katherine Biber

This paper proceeds from the idea that the nation is a fantasy, an imaginary zone through which identity, belonging and control are mediated. I explore the consequences of imagining the nation in this way by reading the formative Australian cases through which Native title jurisprudence developed in this country. Those cases —- Mabo, Wik and Yorta Yorta —- and the public discourses surrounding them reveal the competing national fantasies at stake in disputes over property, recognition and co-existence. Using the theoretical writing of psychoanalytic scholars Slavoj Žižek and Julia Kristeva, and the critique of nationalist practices from the work of Benedict Anderson and Ghassan Hage, I interrogate what it means to possess the nation.

Bio:

KATHERINE BIBER, LL.B. (Hons.), M. Crim. (Hons.), Ph.D. (University of Sydney), is a legal scholar and historian in the Division of Law, Macquarie University, Australia. Special thanks to Kirsten Anker and Lucy Martin for their close reading of this paper in its early drafts, and to the Editors for the generosity of their insights.

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