Skeletons in the cupboard: reading settler anxiety in Mabo and Love

Abstract

ABSTRACT Thirty years apart, Justices Brennan and Kiefel in the Australian High Court made deeply anxious remarks to define Indigenous identity and assert the power of the Court over Indigenous subjects and subjecthood in the Mabo and Love judgments. The notion that the breadth and depth of the Colonial legal system in Australia in 1992 was so frail as to break its skeleton is a form of gaslighting. Equally, the notion that in 2020 connection to Country is so fragmentable that it can mean one thing in Native Title and another in immigration manipulates an Indigenous notion of Country to fit the mould of settler power. This article analyses the judgments by considering the tone of settler anxiety and finds that in both judgments there remains a sinister logic of seeking to contain Indigenous identity and sovereignty.