“Speaking for the Dead to Protect the Living”: On Audre Lorde’s Biomythography, Law, Love, and Epistemic Violence in the Coronial Jurisdiction in the Kimberley

Abstract

From 2017–2019 I was counsel representing the families in a coronial inquest which looked at Aboriginal youth deaths in the Kimberley region of Australia with a particular regard to self-harm. A coronial inquest is a judicial proceeding that investigates unexplained deaths, unusual deaths, or deaths in state custody. In this paper I consider the epistemic violence my clients experienced, and I particularly examine the potential for affect and relationality to create connectors between epistemes in the hope of a more emancipatory conception of justice. I draw on Audre Lorde’s corpus as one that is worthy of serious regard in critical legal studies and useful in my work. In particular, I turn my gaze inwards and draw on Audre Lorde’s creation of biomythography as a method for legal writing and legal practice, to offer an account of my role in the Inquest. Biomythography is a form of writing which grounds subjective individual and collective experience, and its interrelationship with history and myth to centre experiences of justice and injustice. In using this methodology, I consider ways the civil law, through its interpretive function and authority in the coronial jurisdiction, oppresses First Nations Australians. Through writing my biomythography I show that the Coroner’s fact finding role arrives at truth in a way inherently embedded in Western knowledge systems and I regard the Coroner’s truth determining function as violent. Finally, I consider the potential of affect as a connector between epistemes to create emancipatory possibilities for justice.