Journal articles on the topic 'Capital punishment Victoria Public opinion'

Extant research on the demographic correlates of capital punishment opinion has separately analyzed race, gender, and class. Intersectionality has shown a flaw of this approach is that these characteristics overlap and interact to shape people’s identities and opinions. Using data from the Cumulative File of the General Social Survey (1972–2016), we regressed capital punishment opinion on respondents’ race, gender, and class intersections. Findings show wide variation in opposition to capital punishment. Implications of the findings, including the superiority of the intersectional approach, are discussed.

Academics have traditionally associated capital punishment most closely with authoritarian regimes. They have assumed an incompatibility between the death penalty and the presumably humane values of modern liberal democracy. However, recent scholarship on the United States by David Garland has suggested that a considerable degree of direct democratic control over a justice system actually tends to favor the retention and application of the death penalty. The reason why the United States has retained capital punishment after it has been abolished in other Western nations is not because public opinion is more supportive of the death penalty in America than in Europe or in Canada. Rather, it is because popular control over the justice system is greater in the United States than in other countries and this strengthens the influence of America's retentionist majority. However, the experience of the United States in this regard has not been unique. The same link between democratic control and retention of the death penalty can be seen in the history of the effort to abolish capital punishment in France. In 1908, a bill in the Chamber of Deputies (the lower house of the French Parliament) to abolish capital punishment was defeated, in large part because of strong opposition from the public. In 1981, majority public opinion in France still favored retention of the death penalty, but in that year, the nation's Parliament defied popular sentiment and outlawed the ultimate punishment. Historians have so far provided little insight into why abolition succeeded in 1981 when it failed in 1908. The explanation for the different outcome appears to have been the greater degree of influence public opinion exerted over the nation's justice system at the turn of the twentieth century than at its end.

Public opinion surveys show that the American public favors capital punishment. This article examines the attitudes of 307 inmates about capital punishment. The respondents, especially the most violent offenders, favored capital punishment for some crimes when applied to others, but not to their own criminal activity. Moreover, they did not see capital punishment as a deterrent and implied that it reinforces their violent perspectives. Incarcerated offenders apparently feel as strongly as other citizens about capital punishment, but perhaps for different reasons. The findings suggest that additional studies be conducted with violent offenders to determine if any punishment can deter violent crime.

Based on the Japanese General Social Survey conducted in 2010 on a representative sample of adults, the present analysis intends to identify the factors more likely to predict variations in death penalty attitudes in Japan. Compared to death penalty proponents, those who oppose capital punishment are less likely to express punitive attitudes in general and to be dissatisfied with government expenditures on crime control. Relative to retentionists, abolitionists tend to have a higher level of social trust, show a higher level of support for public participation in the criminal justice process, are more likely to practice a religion, and are younger. Instrumental factors, such as victimization and fear of crime, symbolic factors, such as institutional trust, trust in the judiciary, and the police, as well as gender do not differentiate death penalty opponents from supporters. The results of the multinomial logistic regression show that residents who did not express agreement or disagreement with the death penalty have more in common with those who oppose capital punishment than with those who favor it. Although the majority of the population (65.2%) expressed support for death penalty, one in four respondents (26.1%) remained ambivalent regarding the use of capital punishment. Additionally, most of those who expressed an opinion (50.5%) said they would hesitate to recommend death, if chosen to serve in the newly instituted citizen judge system. Findings suggest that public support for death penalty is not as strong in the country as the Japanese government claims and that it requires further exploration.

Capital punishment remains legal in most U.S. states even though only a small number of them regularly impose it. I attribute the persistence of death penalty statutes to the existence of direct democracy institutions in about half the states. Applying a longitudinal research design that leverages annual estimates of state death penalty opinion, I show that these institutions strengthen the connection between public opinion and capital punishment’s legality, indicating that they foster policy responsiveness. By extension, because citizens have generally favored capital punishment, I find that direct democracy states are more likely to have the death penalty. I also demonstrate that direct democracy increases the likelihood that policy will be congruent with majority opinion, especially in states where opinion leans strongly in one direction. The representation-enhancing effect of direct democracy, however, does not extend to the punishment’s application, as measured by states’ issuance of death sentences.

For all their faults, public opinion polls are of great importance to public policymaking, especially on issues that are highly visible and controversial. In the context of capital punishment, researchers have repeatedly documented the strong relationship that exists among public, judicial, and legislative opinion. During the past two decades, popular public opinion poll results in the United States have shown considerable growth in the support of capital punishment. Although criticized as grossly overly simplistic, these polls are often employed to show that legislative and judicial decision making is “grounded” in consensual public opinion. A number of studies have questioned the validity of opinion polls as measures of attitudes on this issue—with apparent support for capital punishment dropping precipitously when alternative options, such as life imprisonment with absolutely no possibility of parole, are provided. The present article suggests that we are misinterpreting poll information in a more basic way—by effectively dissuading a “no opinion“ response through the use of a standard “no filter” question format. Even without providing additional information or alternatives to respondents, the present research suggests that reliance on standard questions that simply seek a favor/oppose response can overestimate support for and opposition to the death penalty. More important, the number of people with no clear opinion on this issue can almost double, simply by employing a different question format. Put simply, one of the most important determinants of public opinion on the death penalty is the way in which we pose the question.

Empirical studies of Chinese public opinion on capital punishment are very rare. Almost all past studies suffered from questionable survey designs and/or nonrepresentative/nonrandom sampling (e.g., student samples). In this study, to examine the breadth and the depth of public opinion on capital punishment, we turn to Chinese netizens’ opinions online on a particular capital case, the Lin Senhao poisoning case. Though our netizen sample has its own limitations, it is innovative and encompasses a broader group of representations than in past studies. Specifically, we address three questions: the diversity of netizens’ opinions, the rationales for netizens’ support for Lin’s death sentence, and netizens’ interactions. This study is the first to examine Chinese netizens’ opinions in a capital case in detail and to uncover potential complexities and nuances of such opinions.

This article reviews evidence for the effects of public opinion on court decision-making, capital punishment policy and use, correctional expenditures, and incarceration rates. It also assesses evidence about the factors explaining changes over time in public support for punitive crime policies. Most of this evidence originates from outside of our discipline. I identify two reasons that criminologists have not made more progress toward understanding the opinion-policy relationship. One is an unfamiliarity with important theoretical and empirical developments in political science pertaining to public policy mood, parallel opinion change, majoritarian congruence, and dynamic representation. Another is our overreliance on cross-sectional studies and preoccupation with comparing support levels elicited with different questions (global versus specific) and under different conditions (uninformed versus informed). I show how the resultant findings have contributed to misunderstandings about the nature of public opinion and created a false summit in our analysis of the opinion-policy relationship.

Within the cultural context of nineteenth-century Spain, Emilia Pardo Bazán uses literature to raise public awareness on the death penalty. Considering the seriousness of the issue, she thought that emotions – not reason – could allow people to have a better understanding and to form their own opinion. Thus, in La piedra angular, through the fictional word of Marineda, she examines the controversies linked to the legal, human, and moral legitimacy of capital punishment and to the figures of both the criminal and the executioner, but also to the nature of truth and public opinion.

To investigate the effect of the Supreme Court on public opinion, we offer the conditional response hypothesis based on a theory of Supreme Court legitimacy and a microlevel social-psychological theory of attitude formation. Together these theories predict that the Court may affect public opinion when it initially rules on a salient issue, but that subsequent decisions on the same issue will have little influence on opinion. To test our predictions, we analyze public opinion data before and after the Supreme Court ruled in a highly visible abortion case (Webster v. Reproductive Health Services [1989]) and before and after three key capital punishment rulings (Furman v. Georgia [1972], Gregg v. Georgia [1976], and McCleskey v. Kemp [1987]). The results suggest that our theory is not issue bound but is generally applicable to how the Supreme Court affects public opinion when it rules in highly salient cases.

Public opinion polls show that the majority of people in the United States support capital punishment but that is because the majority of White Americans support it. Research on the opinions of non-Whites consistently finds less support. We examine racial and ethnic differences among people who actually had to decide whether to impose the death penalty, former capital jurors, and hypothesize that lower support among non-Whites can be explained by the fact that non-Whites are more likely to distrust the criminal justice system and more likely to show empathy for the defendant in a capital case, net of defendant and victim race. Using data from the Capital Jury Project, we find support for this hypothesis in a mediating relationship between race and sentencing vote. Black and Hispanic jurors are more likely to report distrust of the capital process and higher levels of empathy for the defendant, both of which lower the probability of a death vote during the sentencing phase of the trial. We discuss the implications for research, trial strategy, and the future of capital punishment in light of these findings.

While we know much about what differentiates the conflict behavior of democracies from autocracies, we know relatively little about why some democracies are more belligerent than others. In contrast to existing studies, I argue that it is public opinion and not institutions that drives these differences. All democratic leaders have an incentive to take public opinion into account, but public opinion is not the same everywhere. Individuals’ attitudes towards war are shaped by core beliefs about revenge, which vary across countries. Leaders with more vengeful populations will be more likely to initiate conflicts because they generate popular support for war more effectively. Using retention of capital punishment as a proxy for broad endorsement of revenge, I find that democracies that have retained the death penalty for longer periods of time are significantly more likely to initiate conflicts. This research has important implications for existing theories of democracy and war.

Most U.S. state supreme court justices face elections or reappointment by elected officials, and research suggests that judicial campaigns have come to resemble those for other offices. We develop predictions on how selection systems should affect judicial decisions and test these predictions on an extensive dataset of death penalty decisions by state courts of last resort. Specifically, the data include over 12,000 decisions on over 2000 capital punishment cases decided between 1980 and 2006 in systems with partisan, nonpartisan, or retention elections or with reappointment. As predicted, the findings suggest that judges face the greatest pressure to uphold capital sentences in systems with nonpartisan ballots. Also as predicted, judges respond similarly to public opinion in systems with partisan elections or reappointment. Finally, the results indicate that the plebiscitary influences on judicial behavior emerge only after interest groups began achieving success at targeting justices for their decisions.

This is one of the most interesting books I have read on the mass media, public opinion, and policymaking. Capital punishment is an important and compelling issue in its own right, which makes the first part of the book a great read, devoid of technical detail and filled with stunning descriptions of specific cases. Moreover, the rise and staying power of the idea of innocence—that innocent people sit on death row and may be executed—is clear. There continues to be a stream of news stories and commentaries about convicted murderers making plausible appeals for DNA tests that may set them free. While the overturning of murder convictions based in new evidence or faulty defenses preceded the use of DNA testing, this testing became important since it could confirm guilt or prove innocence.

Abstract. Criminal justice policy in the US has long been exceedingly responsive to public opinion. Unfortunately, public attitudes towards justice in the US are severely bifurcated along racial lines, such that Whites see a system that is “colour-blind” and Blacks perceive one that is severely biased against them. In this paper, we explore the magnitude of this racial cleavage and, more importantly, demonstrate how it impacts differential reactions to events (such as accusations of police brutality) and policies (such as capital punishment) in the justice domain. To the degree that elites base policies on (mainly White) majority preferences, such policies are unlikely to be responsive to the racial discrimination that is a part of the current criminal justice environment.Résumé. La politique pénale aux États-Unis répond énormément à l'opinion publique. Malheureusement, les positions populaires envers la justice américaine sont radicalement divisées suivant l'appartenance raciale. Aux yeux des Blancs, le système est essentiellement neutre envers les groupes raciaux différents, mais les Noirs le perçoivent comme étant fortement entaché de discrimination contre eux. Dans cet article, nous considérons l'étendue de cet écart racial et, surtout, nous démontrons comment ces perceptions entraînent des réactions différentes envers les événements (comme les accusations de brutalité policière) et envers les politiques publiques (comme la peine capitale) dans le domaine de la justice. Dans la mesure où les élites fondent les politiques sur les préférences de la majorité (surtout blanche), il est peu probable que ces politiques puissent remédier à la discrimination raciale qui fait partie du système pénal actuel.

Are there specific ethnocultural features that make people support the death penalty, or does support of capital punishment simply reflect people’s position vis-à-vis power? Much of the existing research on this topic has been developed in the absence of an appropriate control group. However, this question can be answered only if ethnonational culture remains constant across different political and socioeconomic settings. In order to achieve such a goal, we focus our research on the Balkans where several social settings fit such a research design; we chose ethnic Albanians as our ethnonational culture of focus. We built a research design that would allow our key independent variable, people’s position in country’s power structure, to vary across three countries: Albania, Macedonia, and Montenegro. In each of these three countries, ethnic Albanians are situated in different positions of the sociopolitical power structure, from the absolutely dominant ethnic group in Albania proper; to an embattled ethnic minority in Macedonia; to a tiny, compact, but peaceful ethnic minority in Montenegro. By analyzing data collected via public opinion surveys, we conclude that, indeed, whether respondents belong to a dominant ethnic group or an ethnic minority affects their attitudes toward the death penalty.

The key factor in maintaining a moratorium on the death penalty in Russia is its membership in the Council of Europe, which requires compliance with the European Convention for the Protection of Human Rights and Fundamental Freedoms and the abolition of the death penalty. One of the proponents of maintaining Russia’s adherence to the Convention is the Russian Constitutional Court. However, the return of the death penalty as a capital punishment finds some support in Russia. Therefore, the Constitutional Court has to maintain a balance between two forces: internal pressure from public opinion and a number of conservative government representatives, and fidelity to the fundamental principles of the Russian Constitution and international law, backed up by international obligations undertaken by Russia. The purpose of this article is to identify and analyze contradictions among the priorities of the Russian Constitutional Court in its implementation of foreign and domestic legal policy through a political and legal analysis of its argumentation regarding the abolition of the death penalty. In turn, full-fledged analysis of the Court’s argument is possible only by taking into account the domestic and international contexts. The article is structured as follows: firstly, it examines the evolution of the question of the abolition of the death penalty in Russia and the main decisions of the Russian Constitutional Court related to the introduction and maintenance of a moratorium on the death penalty. Secondly, it examines the domestic context of decisions taken by the Court from the perspective of key actors (the professional community, government officials, public opinion). Thirdly, it considers the international context of decision-making (the development of relations between Russia and the Council of Europe, the Russian Constitutional Court and the European Court of Human Rights, as well as foreign experience with the issue of abolition of the death penalty). In conclusion, the article analyzes the main arguments of the Russian Constitutional Court to justify the need to abolish the death penalty and discusses the role of the Constitutional Court in resolving the death penalty issue.

Relevance of the research topic. A study of player behavior can answer a large number of questions related to motivation and driving forces of negotiators. Particularly acute is the problem of understanding the minimum expectations of the negotiating parties, the willingness to accept worse conditions compared to the counterparty. An important role has the perception of "fairness" in the behavior of players. Understanding these mechanisms will increase the level of social development by increasing the effectiveness of negotiations and coherence of the participant’s behavior. Formulation of the problem. We have summarized and systematized the results of previous research on the influence of various factors on the behavior of players and, as a consequence, on the results of the Ultimatum game. In particular, the influence of the following factors was studied: the amount of money that will be distributed among the players; anonymity and the possibility of punishing the counterparty. Analysis of recent research and publications. There are a large number of publications on the behavior of players in the Ultimatum game, which explore the role of changing factors and their impact on the results of the game. A great contribution to the study of the Ultimatum game have made the works of Güth et al. (1982), G. Bolton and R. Zwick (1995), S. Andersen et al. (2011) and R. Slonim and E. Roth (1998). The purpose and the objectives of the study. The purpose of the study is to substantiate, to generalize, as well as to compare the empirical results of the Ultimatum game to the theoretical results according to classical economic theory. The objectives of the article are to study the influence of factors of anonymity, punishment, and stake size on the behavior of the players. Research methodology. Classical economic theory and behavioral economics constitute the methodological basis for this study. Methods of comparison, analysis and synthesis, induction and deduction are used. Presentation of the main material (results of work). The Ultimatum game, its possible results according to the classical economic theory, its empirical results, revealed by Güthet al. (1982) are studied. Also, the influence of the following factors is surveyed: the amount of money that should be distributed among the players, anonymity and the possibility of punishing the counterparty. Field of application of results. The results of the study can be applied in management, public administration, economics, capital markets. Conclusions according to the article. The stake size, anonymity, and punishment have a decisive influence on the behavior of players in the Ultimatum game. The study demonstrates a significant effect of the relative size of the stake compared to the absolute size offered to game participants. Anonymity has a significant but less noticeable effect on the outcome of the game, compared to the possibility of the second player punishing the first for, in his opinion, an unfair offer. In the complete absence of the possibility of punishment, the behavior of players approaches the theoretical economic theory.

Since ancient times, fake drugs have been on the market in Chinese society. However, during the Ming-Qing Dynasty, this problem intensified as the size of the pharmaceutical market grew, the collection and distribution structure of pharmaceutical products became increasingly complex, and the phenomenon of separation between the prescription and distribution of drugs advanced. Additionally, the government did not manage the manufacturing or quality of drugs and there was no law or institution designed to solve the problem of fake drugs. Furthermore, social opinion also criticized the widespread problem of fake drugs, and patients and doctors had to rely on various pharmacognostic books and medical knowledge to find reliable drugs in the drug market. Meanwhile, as merchants participated and invested commercial capital in the pharmaceutical industry, large reputable pharmacies began to emerge in large cities and produced drugs. With the commercialization of the pharmaceutical market, the public gained interest in drugs and consumed drugs produced by these pharmacies. Moreover, there were frequent problems in the market as fake drugs imitating popular drugs were distributed and the names of famous pharmacies were stolen. Although fake drugs were a universal social problem, the Qing government was reluctant to strictly control them tried to solve this issue by enforcing banning and punishment through local governments. Prominent pharmacies filed several lawsuits against the government over the theft of fake drugs and drug names. They also advertised the legitimacy and authenticity of drugstore to the public and customers. Doctors and merchants responded to the problem of fake drugs by following occupational morality, developing drug discrimination, cracking down on organizational discipline, filing complaints with government offices, and advertising their authenticity. However, the fake medicines did not easily disappear despite such a response, as there was no state control or legislation. Evidently, the pharmaceutical market was already highly commercialized and its structure were complex. Moreover, the financial benefits of fake drugs, competition in the pharmaceutical market, and public demand for drugs with similar effects at low prices also affected the popularity of fake drugs. Hence, the distribution of fake medicine in the Qing society can be seen as a phenomenon of separation between the prescription and distribution of drugs, commercialization and consumption of drugs, and competition on the medical market.

Abstract Throughout the early modern period, French law forbade unsanctioned marriages between minors, a crime classified as “seduction.” Men who wed without the consent of their bride's parents earned the designation “seducers” and faced the potential of capital punishment. By the mid-eighteenth century, notorious seduction cases assumed outsize significance because of radical changes in legal culture. From the 1760s until the eve of the Revolution, defense lawyers wielded the legal brief as a powerful instrument of public opinion, criticizing parental control over marriage and championing free choice in its place. These men transformed seduction cases into referendums on paternal power—and, by extension, the power of the monarchy itself. While historians have long examined politically charged critiques of paternal power during this period, this article explores these critiques' unique implications for unwed women. It illustrates how celebrated lawyers mobilized language of Enlightenment to carve out discursive space in which young women exercised autonomy vis-à-vis their parents. Nevertheless, it also argues that these same legal discourses constrained female happiness to the realm of marriage to sooth anxieties about the threat that disobedient daughters posed to family, social, and gender order. La loi de l'Ancien Régime interdisait le mariage clandestin entre mineurs, et un soi-disant séducteur qui s'est marié sans l'autorisation paternelle de la mariée risquait la peine de mort. A partir de 1760, les dossiers de séduction devant le tribunal devenaient de plus en plus significatifs à cause de la transformation des pratiques judiciaires. Utilisant le mémoire judiciaire pour influencer l'opinion publique, les avocats qui défendaient les séducteurs mobilisaient leurs plaidoyers pour débattre le pouvoir paternel et le libre choix du conjoint. Bien que les historien(nes) aient examiné cette critique du pouvoir paternel dans un sens général, il s'agit ici d'interroger les conséquences particulières pour les filles non mariées. Empruntant le vocabulaire des Lumières dans leurs mémoires, les avocats ont créé un espace discursif dans lequel les jeunes filles pouvaient revendiquer leur autonomie vis-à-vis de leurs parents. Toutefois, ces mêmes stratégies juridiques avaient aussi l'effet de restreindre toute notion de bonheur féminin au domaine du mariage afin de rassurer ceux qui craignaient le désordre familial et social entraîné par des filles insoumises.

Dear reader, In 2022, we are celebrating several important anniversaries related to the adoption of laws important for the building of the Estonian legal order. Against the backdrop of a major forum for the Estonian legal profession – Estonian Lawyers’ Days 100 – this year’s edition is dedicated to another important anniversary: the 70th birthday of the University of Tartu’s Professor Emeritus Paul Varul. It is difficult to overestimate Prof. Varul’s contribution to the rebuilding of the Estonian legal system after regaining of independence. In this connection, I would like to draw special attention to his belief in young lawyers. Thanks to his support, many of the students from those days now hold positions that play an essential role in the legal profession. It is precisely this belief in young people alongside respect for more seasoned peers that Prof. Varul’s colleagues and students alike have inherited from him. In addition, there are many important qualities to be learnt from his example, such as the importance of infinite kindness and patience, the fundaments of academic ability, and the value of charm and personality. While he was the main architect of Estonia’s civil-law system in general, Prof. Varul’s favourite area of attention over the years has always been bankruptcy law, which he has been intimately involved in reforming. His willingness to speak up and actively contribute to the legislative process is testimony to the jubilarian’s thoughtfulness and continuing high level of professionalism. In this edition of the journal, readers will find an article by Chirstoph G. Paulus, a long-time colleague of Prof. Varul, which is dedicated to bankruptcy law. It provides a historical overview of the relationship between debtors and creditors and analyzes the contracting process as eternal struggle for supremacy. Silvia Kaugia and Raul Narits devote their article to finding an answer to the question of how to create a law that corresponds to the idea of law. In this issue, the reader can also find a paper written by Katre Luhamaa and Merike Ristikivi about the role of the judiciary in the transitional debates, judicial reform, and changes in the professional requirements set for judges in Estonia. Modern problems of the independence of the judiciary are reflected upon specifically in an article contributed by Jesús Manuel Villegas Fernández and Victoria Rodríguez-Blanco, and Anneli Albi’s article examines another angle of the ongoing evolution: the changing role of courts in Europe – which is shifting from protecting the fundamental rights of individuals toward protection of the neoliberal economic order. Alongside these pieces are three articles dedicated to matters of criminal law. Mari‑Liis Tohvelmann and Kristjan Kask have focused their contribution on interviews with children as evidence in criminal proceedings; Carri Ginter and Anneli Soo offer the reader a meaningful analysis of the arguments for and against the criminalisation of hate speech; and, finally, Mario Truu discusses the principle of foreseeability of liability and punishment in the practice of the ECHR. The volume meshes well with Prof. Varul’s ethos in one other respect too: doctoral students have had a say in the publication, representing younger voices. One can find a discussion centred on the need to use artificial intelligence in the context of deciding on the patent­ability of an invention, provided by Liva Rudzite, and the concept of the duty of diligence in procurement law from the standpoint of CJEU practice is tackled by Kadri Härginen. Finally, the fine tradition of publishing opinions by official opponents in public defence of doctoral dissertations has been maintained, with the opinion written by Marta Otto on the dissertation of Seili Suder. Congratulations to Professor Emeritus Paul Varul and to all who have had the opportunity to know him. We are all richer for your work.

Sharenting is a habit of using social media to share content that disseminates pictures, videos, information, and parenting styles for their children. The purpose of this article is to describe the sharenting phenomenon that occurs among young parents, and the importance of parenting programs, rather than protecting children's privacy. Writing articles use a qualitative approach as a literature review method that utilizes various scientific articles describing the sharenting phenomenon in various countries. The findings show that sharenting behaviour can create the spread of children's identity openly on social media and tends not to protect children's privacy and even seems to exploit children. Apart from that, sharenting can also create pressure on the children themselves and can even have an impact on online crime. 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Pervasive surveillance in modern society has raised mounting debates, which are largely concentrated on the ethical dimension and lack sociological examination. Drawing on innovative national survey data, this study analyzes public opinion about social credit systems, an emerging infrastructure that expands the depth and breadth of surveillance in China. I find a general high support for expanding surveillance and punishment yet key variations among different social groups. Counterintuitively, people with higher political capital do not wholly embrace the expanding surveillance and punishment. For example, Chinese Communist Party members are less likely to support state-centered social credit systems compared with the general public. Higher political trust in the regime and socioeconomic status is consistently correlated with higher support, while different media consumption showed limited correlations. This study proposes an alternative theorization of surveillance and enriches our understanding of the heterogeneity and dynamic of the state and public in the authoritarian regime.

Strong public support for capital punishment is arguably the number one reason why the death penalty continues to be used as a form of correctional policy in the U.S. criminal justice system. Therefore, it is fundamental that the measure of death penalty opinion be heavily scrutinized. Utilizing a methodological approach not typically employed in this area, the current study conducted six focus groups to gain a better understanding of the complexity of these opinions. During the focus groups, participants were asked to state their general beliefs concerning the death penalty, respond to scenarios, and respond to research findings regarding the death penalty (i.e., costs, deterrence, wrongful convictions, race, etc.). The findings suggest that participants' views regarding the death penalty are more multifaceted than previously believed. This study further suggests that current methods used to measure public support of the death penalty fail to capture the complexity of sentiment on this issue.

Despite rich literature on public opinion on capital punishment, only a few studies examined people’s death penalty support within specific contexts. None have explored if correlates that influence people’s opinion would hold the same effect in general questions and specific case scenarios. Similarly, the Marshall hypotheses have not been tested with specific crime scenarios. Based on a sample of 1,077 students in a quasiexperimental design, this study contrasts Chinese students’ death penalty opinion in general questions with a specific crime scenario, and tests the Marshall hypotheses with the latter. Compared to their support in general questions, students’ support for death sentences dropped significantly in the specific crime scenario. Multivariate analyses showed that different factors influenced people’s decisions in the general questions and in the specific case, and respondents’ choices of preferred punishment in the specific crime scenario failed to lend support to the Marshall hypotheses.

This article compares the law reform methods employed by South Africa and New Zealand to eliminate the defence of ‘moderate and reasonable chastisement’ to a charge of common assault, to determine the best possible law reform strategy for Australian jurisdictions, within the context of its federal system of governance. South Africa and New Zealand banned corporal punishment on a national level, with South Africa prohibiting the use of corporal punishment by way of the judicial condemnation of the Constitutional Court in 2019, and New Zealand’s legislation to ban corporal punishment through Parliamentary processes in 2007. Corporal punishment in the home is still legal in Australia if administered by parents or those in loco parentis. This article focuses on the three Australian States that have enacted human rights legislation—Victoria, the Australian Capital Territory (ACT) and Queensland—and the impact of this legislation on judicial law reform. In this regard, the doctrine of parliamentary sovereignty is discussed in terms of its ability to limit public interest litigation’s viability to strike down inconsistent legislation. The article suggests that all three countries can learn from one another concerning the successes and/or failures of law reform. Furthermore, the article concludes by acknowledging that even though formal abolition is the norm in South Africa and New Zealand, corporal punishment remains widespread. Parents and those in loco parentis must be supported by continual education initiatives to bring about requisite social and cultural change.

In Kennedy v. Louisiana, the United States Supreme Court held unconstitutional a state law that provided for the imposition of death upon one convicted of raping, but not killing or attempting to kill, a child. Justice Anthony Kennedy wrote the opinion for the Court, in which the majority, employing various analytical tools, brought its "own judgment" to bear on the excessiveness, and therefore the constitutionality, of the death sentence under the Eighth Amendment's Cruel and Unusual Punishments Clause. In emphasizing the Court's use of its own judgment in making the determination of excessiveness or disproportionality, Justice Kennedy and the majority risked the same public and internal dissenting Court criticisms that accompanied previous death penalty opinions in which Court majorities and pluralities similarly employed their own judgments. In the sharp divide over these issues, critics have accused those jurists of disguising their personal views of morality as the doctrinal application of their "own judgment" on these questions. This article argues that despite the criticisms and despite the Court's statement that at least some of its capital punishment case law is "still in search of a unifying principle," there is a precedential thread unifying and justifying the Court's own assessment of excessiveness under the Eighth Amendment. Historical analysis of the Court's Eighth Amendment statements shows that the clear thread in the cases is respect for human dignity and restraint, which plays out through the Amendment's proportionality guarantee. The Court's application of that guarantee against excessiveness has, time and again, invoked the Court's own judgment, based on contemporary knowledge of punishment, of punishment's goals, and about decency in punishment. This article argues that that approach is sound and historically rooted, and that the Court should continue to apply its own judgment about decency, excessiveness, and proportionality, despite criticisms from the Court's conservative members about personal predilections.

IntroductionAccounts of criminals, their victims, and their pursuers have become entrenched within the sphere of popular culture; most obviously in the genres of true crime and crime fiction. The centrality of the pursuer in the form of the detective, within these stories, dates back to the nineteenth century. This, often highly-stylised and regularly humanised protagonist, is now a firm feature of both factual and fictional accounts of crime narratives that, today, regularly focus on the energies of the detective in solving a variety of cases. So familiar is the figure of the detective, it seems that these men and women—amateurs and professionals—have always had an important role to play in the pursuit and punishment of the wrongdoer. Yet, the first detectives were forced to overcome significant resistance from a suspicious public. Some early efforts to reimagine punishment and to laud the detective include articles written by Charles Dickens; pieces on public hangings and policing that reflect the great Victorian novelist’s commitment to shed light on, through written commentaries, a range of important social issues. This article explores some of Dickens’s lesser-known pieces, that—appearing in daily newspapers and in one of his own publications Household Words—helped to change some common perceptions of punishment and policing. Image 1: Harper's Magazine 7 December 1867 (Charles Dickens Reading, by Charles A. Barry). Image credit: United States Library of Congress Prints and Photographs Division. A Reliance on the Scaffold: Early Law Enforcement in EnglandCrime control in 1720s England was dependent upon an inconsistent, and by extension ineffective, network of constables and night watchmen. It would be almost another three decades before Henry Fielding established the Bow Street Foot Patrol, or Bow Street Runners, in 1749, “six men in blue coats, patrolling the area within six miles of Charing Cross” (Worsley 35). A large-scale, formalised police force was attempted by Pitt the Younger in 1785 with his “Bill for the Further prevention of Crime and for the more Speedy Detection and Punishment of Offenders against the Peace” (Lyman 144). The proposed legislation was withdrawn due to fierce opposition that was underpinned by fears, held by officials, of a divestment of power to a new body of law enforcers (Lyman 144).The type of force offered in 1785 would not be realised until the next century, when the work of Robert Peel saw the passing of the Metropolitan Police Act 1829. The Police Act, which “constituted a revolution in traditional methods of law enforcement” (Lyman 141), was focused on the prevention of crime, “to reassure the lawful and discourage the wrongdoer” (Hitchens 51). Until these changes were implemented violent punishment, through the Waltham Black Act 1723, remained firmly in place (Cruickshanks and Erskine-Hill 359) as part of the state’s arsenal against crime (Pepper 473).The Black Act, legislation often referred to as the ‘Bloody Code’ as it took the number of capital felonies to over 350 (Pepper 473), served in lieu of consistency and cooperation, across the country, in relation to the safekeeping of the citizenry. This situation inevitably led to anxieties about crime and crime control. In 1797 Patrick Colquhoun, a magistrate, published A Treatise on the Police of the Metropolis in which he estimated that, out of a city population of just under 1 million, 115,000 men and women supported themselves “in and near the Metropolis by pursuits either criminal-illegal-or immoral” (Lyman 144). Andrew Pepper highlights tensions between “crime, governance and economics” as well as “rampant petty criminality [… and] widespread political corruption” (474). He also notes a range of critical responses to crime and how, “a particular kind of writing about crime in the 1720s demonstrated, perhaps for the first time, an awareness of, or self-consciousness about, this tension between competing visions of the state and state power” (Pepper 474), a tension that remains visible today in modern works of true crime and crime fiction. In Dickens’s day, crime and its consequences were serious legal, moral, and social issues (as, indeed, they are today). An increase in the crime rate, an aggressive state, the lack of formal policing, the growth of the printing industry, and writers offering diverse opinions—from the sympathetic to the retributive—on crime changed crime writing. The public wanted to know about the criminal who had disturbed society and wanted to engage with opinions on how the criminal should be stopped and punished. The public also wanted to be updated on changes to the judicial system such as the passing of the Judgement of Death Act 1823 which drastically reduced the number of capital crimes (Worsley 122) and how the Gaols Act, also of 1823, “moved tentatively towards national prison reform” (Gattrell 579). Crimes continued to be committed and alongside the wrongdoers were readers that wanted to be diverted from everyday events by, but also had a genuine need to be informed about, crime. A demand for true crime tales demonstrating a broader social need for crimes, even the most minor infractions, to be publicly punished: first on the scaffold and then in print. Some cases were presented as sensationalised true crime tales; others would be fictionalised in short stories and novels. Standing Witness: Dickens at the ScaffoldIt is interesting to note that Dickens witnessed at least four executions in his lifetime (Simpson 126). The first was the hanging of a counterfeiter, more specifically a coiner, which in the 1800s was still a form of high treason. The last person executed for coining in England was in early 1829; as Dickens arrived in London at the end of 1822, aged just 10-years-old (Simpson 126-27) he would have been a boy when he joined the crowds around the scaffold. Many journalists and writers who have documented executions have been “criticised for using this spectacle as a source for generating sensational copy” (Simpson 127). Dickens also wrote about public hangings. His most significant commentaries on the issue being two sets of letters: one set published in The Daily News (1846) and a second set published in The Times (1849) (Brandwood 3). Yet, he was immune from the criticism directed at so many other writers, in large part, due to his reputation as a liberal, “social reformer moved by compassion, but also by an antipathy toward waste, bureaucratic incompetence, and above all toward exploitation and injustice” (Simpson 127). As Anthony Simpson points out, Dickens did not sympathise with the condemned: “He wrote as a realist and not a moralist and his lack of sympathy for the criminal was clear, explicit and stated often” (128). Simpson also notes that Dickens’s letters on execution written in 1846 were “strongly supportive of total abolition” while later letters, written in 1849, presented arguments against public executions rather than the practice of execution. In 1859 Dickens argued against pardoning a poisoner. While in 1864 he supported the execution of the railway carriage murderer Franz Müller, explaining he would be glad to abolish both public executions and capital punishment, “if I knew what to do with the Savages of civilisation. As I do not, I would rid Society of them, when they shed blood, in a very solemn manner” (in Simpson 138-39) that is, executions should proceed but should take place in private.Importantly, Dickens was consistently concerned about society’s fascination with the scaffold. In his second letter to The Daily News, Dickens asks: round what other punishment does the like interest gather? We read of the trials of persons who have rendered themselves liable to transportation for life, and we read of their sentences, and, in some few notorious instances, of their departure from this country, and arrival beyond the sea; but they are never followed into their cells, and tracked from day to day, and night to night; they are never reproduced in their false letters, flippant conversations, theological disquisitions with visitors, lay and clerical […]. They are tried, found guilty, punished; and there an end. (“To the Editors of The Daily News” 6)In this passage, Dickens describes an overt curiosity with those criminals destined for the most awful of punishments. A curiosity that was put on vile display when a mob gathered on the concourse to watch a hanging; a sight which Dickens readily admitted “made [his] blood run cold” (“Letter to the Editor” 4).Dickens’s novels are grand stories, many of which feature criminals and criminal sub-plots. There are, for example, numerous criminals, including the infamous Fagin in Oliver Twist; or, The Parish Boy’s Progress (1838); several rioters are condemned to hang in Barnaby Rudge: A Tale of the Riots of Eighty (1841); there is murder in The Life and Adventures of Martin Chuzzlewit (1844); and murder, too, in Bleak House (1853). Yet, Dickens never wavered in his revulsion for the public display of the execution as revealed in his “refusal to portray the scene at the scaffold [which] was principled and heartfelt. He came, reluctantly to support capital punishment, but he would never use its application for dramatic effect” (Simpson 141).The Police Detective: A Public Relations ExerciseBy the mid-1700s the crime story was one of “sin to crime and then the gallows” (Rawlings online): “Crimes of every defcription (sic) have their origin in the vicious and immoral habits of the people” (Colquhoun 32). As Philip Rawlings notes, “once sin had been embarked upon, capture and punishment followed” (online). The origins of this can be found in the formula relied upon by Samuel Smith in the seventeenth century. Smith was the Ordinary of Newgate, or prison chaplain (1676–1698), who published Accounts of criminals and their gruesome ends. The outputs swelled the ranks of the already burgeoning market of broadsides, handbills and pamphlets. Accounts included: 1) the sermon delivered as the prisoner awaited execution; 2) a brief overview of the crimes for which the prisoner was being punished; and 3) a reporting of the events that surrounded the execution (Gladfelder 52–53), including the prisoner’s behaviour upon the scaffold and any last words spoken. For modern readers, the detective and the investigation is conspicuously absent. These popular Accounts (1676–1772)—over 400 editions offering over 2,500 criminal biographies—were only a few pence a copy. With print runs in the thousands, the Ordinary earnt up to £200 per year for his efforts (Emsley, Hitchcock, and Shoemaker online). For:penitence and profit made comfortable bedfellows, ensuring true crime writing became a firm feature of the business of publishing. That victims and villains suffered was regrettable but no horror was so terrible anyone forgot there was money to be made. (Franks, “Stealing Stories” 7)As the changes brought about by the Industrial Revolution were having their full impact, many were looking for answers, and certainty, in a period of radical social transformation. Sin as a central motif in crime stories was insufficient: the detective was becoming essential (Franks, “True Crime” 239). “In the nineteenth century, the role of the newly-fashioned detective as an agent of consolation or security is both commercially and ideologically central to the subsequent project of popular crime writing” (Bell 8). This was supported by an “increasing professionalism and proficiency of policemen, detectives, and prosecutors, new understandings about psychology, and advances in forensic science and detection techniques” (Murley 10). Elements now included in most crime narratives. Dickens insisted that the detective was a crucial component of the justice system—a figure to be celebrated, one to take centre stage in the crime story—reflecting his staunch support “of the London Metropolitan Police” (Simpson 140). Indeed, while Dickens is known principally for exposing wretched poverty, he was also interested in a range of legal issues as can be evinced from his writings for Household Words. Image 2: Household Words 27 July 1850 (Front Page). Image credit: Dickens Journals Online. W.H. Wills argued for the acceptance of the superiority of the detective when, in 1850, he outlined the “difference between a regular and a detective policeman” (368). The detective must, he wrote: “counteract every sort of rascal whose only means of existence it avowed rascality, but to clear up mysteries, the investigation of which demands the utmost delicacy and tact” (368). The detective is also extraordinarily efficient; cases are solved quickly, in one example a matter is settled in just “ten minutes” (369).Dickens’s pro-police pieces, included a blatantly promotional, two-part work “A Detective Police Party” (1850). The narrative begins with open criticism of the Bow Street Runners contrasting these “men of very indifferent character” to the Detective Force which is “so well chosen and trained, proceeds so systematically and quietly, does its business in such a workman-like manner, and is always so calmly and steadily engaged in the service of the public” (“Police Party, Part I” 409). The “party” is just that: a gathering of detectives and editorial staff. Men in a “magnificent chamber”, seated at “a round table […] with some glasses and cigars arranged upon it; and the editorial sofa elegantly hemmed in between that stately piece of furniture and the wall” (“Police Party, Part I” 409). Two inspectors and five sergeants are present. Each man prepared to share some of their experiences in the service of Londoners:they are, [Dickens tells us] one and all, respectable-looking men; of perfectly good deportment and unusual intelligence; with nothing lounging or slinking in their manners; with an air of keen observation, and quick perception when addressed; and generally presenting in their faces, traces more or less marked of habitually leading lives of strong mental excitement. (“Police Party, Part I” 410) Dickens goes to great lengths to reinforce the superiority of the police detective. These men, “in a glance, immediately takes an inventory of the furniture and an accurate sketch of the editorial presence” and speak “very concisely, and in well-chosen language” and who present as an “amicable brotherhood” (“Police Party, Part I” 410). They are also adaptable and constantly working to refine their craft, through apeculiar ability, always sharpening and being improved by practice, and always adapting itself to every variety of circumstances, and opposing itself to every new device that perverted ingenuity can invent, for which this important social branch of the public service is remarkable! (“Police Party, Part II” 459)These detectives are also, in some ways, familiar. Dickens’s offerings include: a “shrewd, hard-headed Scotchman – in appearance not at all unlike a very acute, thoroughly-trained schoolmaster”; a man “with a ruddy face and a high sun-burnt forehead, [who] has the air of one who has been a Sergeant in the army” (“Police Party, Part I” 409-10); and another man who slips easily into the role of the “greasy, sleepy, shy, good-natured, chuckle-headed, un-suspicious, and confiding young butcher” (“Police Party, Part II” 457). These descriptions are more than just attempts to flesh out a story; words on a page reminding us that the author is not just another journalist but one of the great voices of the Victorian era. These profiles are, it is argued here, a deliberate strategy to reassure readers.In summary, police detectives are only to be feared by those residing on the wrong side of the law. For those without criminal intent; detectives are, in some ways, like us. They are people we already know and trust. The stern but well-meaning, intelligent school teacher; the brave and loyal soldier defending the Empire; and the local merchant, a person we see every day. Dickens provides, too, concrete examples for how everyone can contribute to a safer society by assisting these detectives. This, is perfect public relations. Thus, almost singlehandedly, he builds a professional profile for a new type of police officer. The problem (crime) and its solution (the detective) neatly packaged, with step-by-step instructions for citizens to openly support this new-style of constabulary and so achieve a better, less crime-ridden community. This is a theme pursued in “Three Detective Anecdotes” (1850) where Dickens continued to successfully merge “solid lower-middle-class respectability with an intimate knowledge of the criminal world” (Priestman 177); so, proffering the ideal police detective. A threat to the criminal but not to the hard-working and honest men, women, and children of the city.The Detective: As Fact and as FictionThese writings are also a precursor to one of the greatest fictional detectives of the English-speaking world. Dickens observes that, for these new-style police detectives: “Nothing is so common or deceptive as such appearances at first” (“Police Party, Part I” 410). In 1891, Arthur Conan Doyle would write that: “There is nothing so deceptive as an obvious fact” (78). Dickens had prepared readers for the consulting detective Sherlock Holmes: who was smarter, more observant and who had more determination to take on criminals than the average person. The readers of Dickens were, in many respects, positioned as prototypes of Dr John Watson: a hardworking, loyal Englishman. Smart. But not as smart as those who would seek to do harm. Watson needed Holmes to make the world a better place; the subscriber to Household Words needed the police detective.Another article, “On Duty with Inspector Field” (1851), profiled the “well-known hand” responsible for bringing numerous offenders to justice and sending them, “inexorably, to New South Wales” (Dickens 266). Critically this true crime narrative would be converted into a crime fiction story as Inspector Field is transformed (it is widely believed) into the imagined Inspector Bucket. The 1860s have been identified as “a period of awakening for the detective novel” (Ashley x), a predictor of which is the significant sub-plot of murder in Dickens’s Bleak House. In this novel, a murder is committed with the case taken on, and competently solved by, Bucket who is a man of “skill and integrity” a man presented as an “ideal servant” though one working for a “flawed legal system” (Walton 458). Mr Snagsby, of Bleak House, observes Bucket as a man whoseems in some indefinable manner to lurk and lounge; also, that whenever he is going to turn to the right or left, he pretends to have a fixed purpose in his mind of going straight ahead, and wheels off, sharply at the very last moment [… He] notices things in general, with a face as unchanging as the great mourning ring on his little finger, or the brooch, composed of not much diamond and a good deal of setting, which he wears in his shirt. (278) This passage, it is argued here, places Bucket alongside the men at the detective police party in Household Words. He is simultaneously superhuman in mind and manner, though rather ordinary in dress. Like the real-life detectives of Dickens’s articles; he is a man committed to keeping the city safe while posing no threat to law-abiding citizens. ConclusionThis article has explored, briefly, the contributions of the highly-regarded Victorian author, Charles Dickens, to factual and fictional crime writing. The story of Dickens as a social commentator is one that is familiar to many; what is less well-known is the connection of Dickens to important conversations around capital punishment and the rise of the detective in crime-focused narratives; particularly how he assisted in building the professional profile of the police detective. In this way, through fact and fiction, Dickens performed great (if under-acknowledged) public services around punishment and law enforcement: he contributed to debates on the death penalty and he helped to build trust in the radical social project that established modern-day policing.AcknowledgementsThe author offers her sincere thanks to the New South Wales Dickens Society, Simon Dwyer, and Peter Kirkpatrick. The author is also grateful to the reviewers of this article for their thoughtful comments and valuable suggestions. ReferencesAshley, Mike. “Introduction: Seeking the Evidence.” The Notting Hill Mystery. Author. Charles Warren Adams. London: The British Library, 2012. xxi-iv. Bell, Ian A. “Eighteenth-Century Crime Writing.” The Cambridge Companion to Crime Fiction. Ed. Martin Priestman. Cambridge: Cambridge UP, 2003/2006. 7-17.Brandwood, Katherine. “The Dark and Dreadful Interest”: Charles Dickens, Public Death and the Amusements of the People. MA Thesis. Washington, DC: Georgetown University, 2013. 19 Feb. 2017 <https://repository.library.georgetown.edu/bitstream/handle/10822/558266/Brandwood_georgetown_0076M_12287.pdf;sequence=1>.Collins, Philip. Dickens and Crime. London: Macmillan & Co, 1964.Cruickshanks, Eveline, and Howard Erskine-Hill. “The Waltham Black Act and Jacobitism.” Journal of British Studies 24.3 (1985): 358-65.Dickens, Charles. Oliver Twist; or, The Parish Boy’s Progress. London: Richard Bentley,1838.———. Barnaby Rudge: A Tale of the Riots of Eighty. London: Chapman & Hall, 1841. ———. The Life and Adventures of Martin Chuzzlewit. London: Chapman & Hall, 1844.———. “To the Editors of The Daily News.” The Daily News 28 Feb. 1846: 6. (Reprinted in Antony E. Simpson. Witnesses to the Scaffold. Lambertville: True Bill P, 2008. 141–149.)———. “Letter to the Editor.” The Times 14 Nov. 1849: 4. (Reprinted in Antony E. Simpson. Witnesses to the Scaffold. Lambertville: True Bill P, 2008. 149-51.)———. “A Detective Police Party, Part I.” Household Words 1.18 (1850): 409-14.———. “A Detective Police Party, Part II.” Household Words 1.20 (1850): 457-60.———. “Three Detective Anecdotes.” Household Words 1.25 (1850): 577-80.———. “On Duty with Inspector Field.” Household Words 3.64 (1851): 265-70.———. Bleak House. London: Bradbury and Evans, 1853/n.d.Doyle, Arthur Conan. “The Boscombe Valley Mystery.” The Adventures of Sherlock Holmes. London: Penguin, 1892/1981. 74–99.Emsley, Clive, Tim Hitchcock, and Robert Shoemaker. “The Proceedings: Ordinary of Newgate’s Accounts.” Old Bailey Proceedings Online, n.d. 4 Feb. 2017 <https://www.oldbaileyonline.org/static/Ordinarys-accounts.jsp>. Franks, Rachel. “True Crime: The Regular Reinvention of a Genre.” Journal of Asia-Pacific Pop Culture 1.2 (2016): 239-54. ———. “Stealing Stories: Punishment, Profit and the Ordinary of Newgate.” Refereed Proceedings of the 21st Conference of the Australasian Association of Writing Programs: Authorised Theft. Eds. Niloofar Fanaiyan, Rachel Franks, and Jessica Seymour. 2016. 1-11. 20 Mar. 2017 <http://www.aawp.org.au/publications/the-authorised-theft-papers/>.Gatrell, V.A.C. The Hanging Tree: Execution and the English People, 1770-1868. Oxford: Oxford UP, 1996.Gladfelder, Hal. Criminality and Narrative in Eighteenth-Century England. Baltimore: Johns Hopkins UP, 2001.Hitchens, Peter. A Brief History of Crime: The Decline of Order, Justice and Liberty in England. London: Atlantic Books, 2003.Lyman, J.L. “The Metropolitan Police Act of 1829.” Journal of Criminal Law, Criminology and Police Science 55.1 (1964): 141-54.Murley, Jean. The Rise of True Crime: 20th Century Murder and American Popular Culture. Westport: Praeger, 2008.Pepper, Andrew. “Early Crime Writing and the State: Jonathan Wilde, Daniel Defoe and Bernard Mandeville in 1720s London.” Textual Practice 25.3 (2011): 473-91. Priestman, Martin. “Post-War British Crime Fiction.” The Cambridge Companion to Crime Fiction. Ed. Martin Priestman. Cambridge: Cambridge UP, 2003. 173-89.Rawlings, Philip. “True Crime.” The British Criminology Conferences: Selected Proceedings, Volume 1: Emerging Themes in Criminology. Eds. Jon Vagg and Tim Newburn. London: British Society of Criminology (1998). 4 Feb. 2017 <http://www.britsoccrim.org/volume1/010.pdf>.Simpson, Antony E. Witnesses to the Scaffold: English Literary Figures as Observers of Public Executions. Lambertville: True Bill P, 2008.Walton, James. “Conrad, Dickens, and the Detective Novel.” Nineteenth-Century Fiction 23.4 (1969): 446-62.Wills, William Henry. “The Modern Science of Thief-Taking.” Household Words 1.16 (1850): 368-72.Worsley, Lucy. A Very British Murder: The Curious Story of How Crime Was Turned into Art. London: BBC Books, 2013/2014.

Introduction The highly contagious COVID-19 virus has presented particularly difficult public policy challenges. The relatively late emergence of an effective treatments and vaccines, the structural stresses on health care systems, the lockdowns and the economic dislocations, the evident structural inequalities in effected societies, as well as the difficulty of prevention have tested social and political cohesion. Moreover, the intrusive nature of many prophylactic measures have led to individual liberty and human rights concerns. As noted by the Victorian (Australia) Ombudsman Report on the COVID-19 lockdown in Melbourne, we may be tempted, during a crisis, to view human rights as expendable in the pursuit of saving human lives. This thinking can lead to dangerous territory. It is not unlawful to curtail fundamental rights and freedoms when there are compelling reasons for doing so; human rights are inherently and inseparably a consideration of human lives. (5) These difficulties have raised issues about the importance of social or community capital in fighting the pandemic. This article discusses the impacts of social and community capital and other factors on the governmental efforts to combat the spread of infectious disease through the maintenance of social distancing and household ‘bubbles’. It argues that the beneficial effects of social and community capital towards fighting the pandemic, such as mutual respect and empathy, which underpins such public health measures as social distancing, the use of personal protective equipment, and lockdowns in the USA, have been undermined as preventive measures because they have been transmogrified to become a salient aspect of the “culture wars” (Peters). In contrast, states that have relatively lower social capital such a China have been able to more effectively arrest transmission of the disease because the government was been able to generate and personify a nationalist response to the virus and thus generate a more robust social consensus regarding the efforts to combat the disease. Social Capital and Culture Wars The response to COVID-19 required individuals, families, communities, and other types of groups to refrain from extensive interaction – to stay in their bubble. In these situations, especially given the asymptomatic nature of many COVID-19 infections and the serious imposition lockdowns and social distancing and isolation, the temptation for individuals to breach public health rules in high. From the perspective of policymakers, the response to fighting COVID-19 is a collective action problem. In studying collective action problems, scholars have paid much attention on the role of social and community capital (Ostrom and Ahn 17-35). Ostrom and Ahn comment that social capital “provides a synthesizing approach to how cultural, social, and institutional aspects of communities of various sizes jointly affect their capacity of dealing with collective-action problems” (24). Social capital is regarded as an evolving social type of cultural trait (Fukuyama; Guiso et al.). Adger argues that social capital “captures the nature of social relations” and “provides an explanation for how individuals use their relationships to other actors in societies for their own and for the collective good” (387). The most frequently used definition of social capital is the one proffered by Putnam who regards it as “features of social organization, such as networks, norms and social trust that facilitate coordination and cooperation for mutual benefit” (Putnam, “Bowling Alone” 65). All these studies suggest that social and community capital has at least two elements: “objective associations” and subjective ties among individuals. Objective associations, or social networks, refer to both formal and informal associations that are formed and engaged in on a voluntary basis by individuals and social groups. Subjective ties or norms, on the other hand, primarily stand for trust and reciprocity (Paxton). High levels of social capital have generally been associated with democratic politics and civil societies whose institutional performance benefits from the coordinated actions and civic culture that has been facilitated by high levels of social capital (Putnam, Democracy 167-9). Alternatively, a “good and fair” state and impartial institutions are important factors in generating and preserving high levels of social capital (Offe 42-87). Yet social capital is not limited to democratic civil societies and research is mixed on whether rising social capital manifests itself in a more vigorous civil society that in turn leads to democratising impulses. Castillo argues that various trust levels for institutions that reinforce submission, hierarchy, and cultural conservatism can be high in authoritarian governments, indicating that high levels of social capital do not necessarily lead to democratic civic societies (Castillo et al.). Roßteutscher concludes after a survey of social capita indicators in authoritarian states that social capital has little effect of democratisation and may in fact reinforce authoritarian rule: in nondemocratic contexts, however, it appears to throw a spanner in the works of democratization. Trust increases the stability of nondemocratic leaderships by generating popular support, by suppressing regime threatening forms of protest activity, and by nourishing undemocratic ideals concerning governance (752). In China, there has been ongoing debate concerning the presence of civil society and the level of social capital found across Chinese society. If one defines civil society as an intermediate associational realm between the state and the family, populated by autonomous organisations which are separate from the state that are formed voluntarily by members of society to protect or extend their interests or values, it is arguable that the PRC had a significant civil society or social capital in the first few decades after its establishment (White). However, most scholars agree that nascent civil society as well as a more salient social and community capital has emerged in China’s reform era. This was evident after the 2008 Sichuan earthquake, where the government welcomed community organising and community-driven donation campaigns for a limited period of time, giving the NGO sector and bottom-up social activism a boost, as evidenced in various policy areas such as disaster relief and rural community development (F. Wu 126; Xu 9). Nevertheless, the CCP and the Chinese state have been effective in maintaining significant control over civil society and autonomous groups without attempting to completely eliminate their autonomy or existence. The dramatic economic and social changes that have occurred since the 1978 Opening have unsurprisingly engendered numerous conflicts across the society. In response, the CCP and State have adjusted political economic policies to meet the changing demands of workers, migrants, the unemployed, minorities, farmers, local artisans, entrepreneurs, and the growing middle class. Often the demands arising from these groups have resulted in policy changes, including compensation. In other circumstances, where these groups remain dissatisfied, the government will tolerate them (ignore them but allow them to continue in the advocacy), or, when the need arises, supress the disaffected groups (F. Wu 2). At the same time, social organisations and other groups in civil society have often “refrained from open and broad contestation against the regime”, thereby gaining the space and autonomy to achieve the objectives (F. Wu 2). Studies of Chinese social or community capital suggest that a form of modern social capital has gradually emerged as Chinese society has become increasingly modernised and liberalised (despite being non-democratic), and that this social capital has begun to play an important role in shaping social and economic lives at the local level. However, this more modern form of social capital, arising from developmental and social changes, competes with traditional social values and social capital, which stresses parochial and particularistic feelings among known individuals while modern social capital emphasises general trust and reciprocal feelings among both known and unknown individuals. The objective element of these traditional values are those government-sanctioned, formal mass organisations such as Communist Youth and the All-China Federation of Women's Associations, where members are obliged to obey the organisation leadership. The predominant subjective values are parochial and particularistic feelings among individuals who know one another, such as guanxi and zongzu (Chen and Lu, 426). The concept of social capital emphasises that the underlying cooperative values found in individuals and groups within a culture are an important factor in solving collective problems. In contrast, the notion of “culture war” focusses on those values and differences that divide social and cultural groups. Barry defines culture wars as increases in volatility, expansion of polarisation, and conflict between those who are passionate about religiously motivated politics, traditional morality, and anti-intellectualism, and…those who embrace progressive politics, cultural openness, and scientific and modernist orientations. (90) The contemporary culture wars across the world manifest opposition by various groups in society who hold divergent worldviews and ideological positions. Proponents of culture war understand various issues as part of a broader set of religious, political, and moral/normative positions invoked in opposition to “elite”, “liberal”, or “left” ideologies. Within this Manichean universe opposition to such issues as climate change, Black Lives Matter, same sex rights, prison reform, gun control, and immigration becomes framed in binary terms, and infused with a moral sensibility (Chapman 8-10). In many disputes, the culture war often devolves into an epistemological dispute about the efficacy of scientific knowledge and authority, or a dispute between “practical” and theoretical knowledge. In this environment, even facts can become partisan narratives. For these “cultural” disputes are often how electoral prospects (generally right-wing) are advanced; “not through policies or promises of a better life, but by fostering a sense of threat, a fantasy that something profoundly pure … is constantly at risk of extinction” (Malik). This “zero-sum” social and policy environment that makes it difficult to compromise and has serious consequences for social stability or government policy, especially in a liberal democratic society. Of course, from the perspective of cultural materialism such a reductionist approach to culture and political and social values is not unexpected. “Culture” is one of the many arenas in which dominant social groups seek to express and reproduce their interests and preferences. “Culture” from this sense is “material” and is ultimately connected to the distribution of power, wealth, and resources in society. As such, the various policy areas that are understood as part of the “culture wars” are another domain where various dominant and subordinate groups and interests engaged in conflict express their values and goals. Yet it is unexpected that despite the pervasiveness of information available to individuals the pool of information consumed by individuals who view the “culture wars” as a touchstone for political behaviour and a narrative to categorise events and facts is relatively closed. This lack of balance has been magnified by social media algorithms, conspiracy-laced talk radio, and a media ecosystem that frames and discusses issues in a manner that elides into an easily understood “culture war” narrative. From this perspective, the groups (generally right-wing or traditionalist) exist within an information bubble that reinforces political, social, and cultural predilections. American and Chinese Reponses to COVID-19 The COVID-19 pandemic first broke out in Wuhan in December 2019. Initially unprepared and unwilling to accept the seriousness of the infection, the Chinese government regrouped from early mistakes and essentially controlled transmission in about three months. This positive outcome has been messaged as an exposition of the superiority of the Chinese governmental system and society both domestically and internationally; a positive, even heroic performance that evidences the populist credentials of the Chinese political leadership and demonstrates national excellence. The recently published White Paper entitled “Fighting COVID-19: China in Action” also summarises China’s “strategic achievement” in the simple language of numbers: in a month, the rising spread was contained; in two months, the daily case increase fell to single digits; and in three months, a “decisive victory” was secured in Wuhan City and Hubei Province (Xinhua). This clear articulation of the positive results has rallied political support. Indeed, a recent survey shows that 89 percent of citizens are satisfied with the government’s information dissemination during the pandemic (C Wu). As part of the effort, the government extensively promoted the provision of “political goods”, such as law and order, national unity and pride, and shared values. For example, severe publishments were introduced for violence against medical professionals and police, producing and selling counterfeit medications, raising commodity prices, spreading ‘rumours’, and being uncooperative with quarantine measures (Xu). Additionally, as an extension the popular anti-corruption campaign, many local political leaders were disciplined or received criminal charges for inappropriate behaviour, abuse of power, and corruption during the pandemic (People.cn, 2 Feb. 2020). Chinese state media also described fighting the virus as a global “competition”. In this competition a nation’s “material power” as well as “mental strength”, that calls for the highest level of nation unity and patriotism, is put to the test. This discourse recalled the global competition in light of the national mythology related to the formation of Chinese nation, the historical “hardship”, and the “heroic Chinese people” (People.cn, 7 Apr. 2020). Moreover, as the threat of infection receded, it was emphasised that China “won this competition” and the Chinese people have demonstrated the “great spirit of China” to the world: a result built upon the “heroism of the whole Party, Army, and Chinese people from all ethnic groups” (People.cn, 7 Apr. 2020). In contrast to the Chinese approach of emphasising national public goods as a justification for fighting the virus, the U.S. Trump Administration used nationalism, deflection, and “culture war” discourse to undermine health responses — an unprecedented response in American public health policy. The seriousness of the disease as well as the statistical evidence of its course through the American population was disputed. The President and various supporters raged against the COVID-19 “hoax”, social distancing, and lockdowns, disparaged public health institutions and advice, and encouraged protesters to “liberate” locked-down states (Russonello). “Our federal overlords say ‘no singing’ and ‘no shouting’ on Thanksgiving”, Representative Paul Gosar, a Republican of Arizona, wrote as he retweeted a Centers for Disease Control list of Thanksgiving safety tips (Weiner). People were encouraged, by way of the White House and Republican leadership, to ignore health regulations and not to comply with social distancing measures and the wearing of masks (Tracy). This encouragement led to threats against proponents of face masks such as Dr Anthony Fauci, one of the nation’s foremost experts on infectious diseases, who required bodyguards because of the many threats on his life. Fauci’s critics — including President Trump — countered Fauci’s promotion of mask wearing by stating accusingly that he once said mask-wearing was not necessary for ordinary people (Kelly). Conspiracy theories as to the safety of vaccinations also grew across the course of the year. As the 2020 election approached, the Administration ramped up efforts to downplay the serious of the virus by identifying it with “the media” and illegitimate “partisan” efforts to undermine the Trump presidency. It also ramped up its criticism of China as the source of the infection. This political self-centeredness undermined state and federal efforts to slow transmission (Shear et al.). At the same time, Trump chided health officials for moving too slowly on vaccine approvals, repeated charges that high infection rates were due to increased testing, and argued that COVID-19 deaths were exaggerated by medical providers for political and financial reasons. These claims were amplified by various conservative media personalities such as Rush Limbaugh, and Sean Hannity and Laura Ingraham of Fox News. The result of this “COVID-19 Denialism” and the alternative narrative of COVID-19 policy told through the lens of culture war has resulted in the United States having the highest number of COVID-19 cases, and the highest number of COVID-19 deaths. At the same time, the underlying social consensus and social capital that have historically assisted in generating positive public health outcomes has been significantly eroded. According to the Pew Research Center, the share of U.S. adults who say public health officials such as those at the Centers for Disease Control and Prevention are doing an excellent or good job responding to the outbreak decreased from 79% in March to 63% in August, with an especially sharp decrease among Republicans (Pew Research Center 2020). Social Capital and COVID-19 From the perspective of social or community capital, it could be expected that the American response to the Pandemic would be more effective than the Chinese response. Historically, the United States has had high levels of social capital, a highly developed public health system, and strong governmental capacity. In contrast, China has a relatively high level of governmental and public health capacity, but the level of social capital has been lower and there is a significant presence of traditional values which emphasise parochial and particularistic values. Moreover, the antecedent institutions of social capital, such as weak and inefficient formal institutions (Batjargal et al.), environmental turbulence and resource scarcity along with the transactional nature of guanxi (gift-giving and information exchange and relationship dependence) militate against finding a more effective social and community response to the public health emergency. Yet China’s response has been significantly more successful than the Unites States’. Paradoxically, the American response under the Trump Administration and the Chinese response both relied on an externalisation of the both the threat and the justifications for their particular response. In the American case, President Trump, while downplaying the seriousness of the virus, consistently called it the “China virus” in an effort to deflect responsibly as well as a means to avert attention away from the public health impacts. As recently as 3 January 2021, Trump tweeted that the number of “China Virus” cases and deaths in the U.S. were “far exaggerated”, while critically citing the Centers for Disease Control and Prevention's methodology: “When in doubt, call it COVID-19. Fake News!” (Bacon). The Chinese Government, meanwhile, has pursued a more aggressive foreign policy across the South China Sea, on the frontier in the Indian sub-continent, and against states such as Australia who have criticised the initial Chinese response to COVID-19. To this international criticism, the government reiterated its sovereign rights and emphasised its “victimhood” in the face of “anti-China” foreign forces. Chinese state media also highlighted China as “victim” of the coronavirus, but also as a target of Western “political manoeuvres” when investigating the beginning stages of the pandemic. The major difference, however, is that public health policy in the United States was superimposed on other more fundamental political and cultural cleavages, and part of this externalisation process included the assignation of “otherness” and demonisation of internal political opponents or characterising political opponents as bent on destroying the United States. This assignation of “otherness” to various internal groups is a crucial element in the culture wars. While this may have been inevitable given the increasingly frayed nature of American society post-2008, such a characterisation has been activity pushed by local, state, and national leadership in the Republican Party and the Trump Administration (Vogel et al.). In such circumstances, minimising health risks and highlighting civil rights concerns due to public health measures, along with assigning blame to the democratic opposition and foreign states such as China, can have a major impact of public health responses. The result has been that social trust beyond the bubble of one’s immediate circle or those who share similar beliefs is seriously compromised — and the collective action problem presented by COVID-19 remains unsolved. Daniel Aldrich’s study of disasters in Japan, India, and US demonstrates that pre-existing high levels of social capital would lead to stronger resilience and better recovery (Aldrich). Social capital helps coordinate resources and facilitate the reconstruction collectively and therefore would lead to better recovery (Alesch et al.). Yet there has not been much research on how the pool of social capital first came about and how a disaster may affect the creation and store of social capital. Rebecca Solnit has examined five major disasters and describes that after these events, survivors would reach out and work together to confront the challenges they face, therefore increasing the social capital in the community (Solnit). However, there are studies that have concluded that major disasters can damage the social fabric in local communities (Peacock et al.). The COVID-19 epidemic does not have the intensity and suddenness of other disasters but has had significant knock-on effects in increasing or decreasing social capital, depending on the institutional and social responses to the pandemic. In China, it appears that the positive social capital effects have been partially subsumed into a more generalised patriotic or nationalist affirmation of the government’s policy response. Unlike civil society responses to earlier crises, such as the 2008 Sichuan earthquake, there is less evidence of widespread community organisation and response to combat the epidemic at its initial stages. This suggests better institutional responses to the crisis by the government, but also a high degree of porosity between civil society and a national “imagined community” represented by the national state. The result has been an increased legitimacy for the Chinese government. Alternatively, in the United States the transformation of COVID-19 public health policy into a culture war issue has seriously impeded efforts to combat the epidemic in the short term by undermining the social consensus and social capital necessary to fight such a pandemic. Trust in American institutions is historically low, and President Trump’s untrue contention that President Biden’s election was due to “fraud” has further undermined the legitimacy of the American government, as evidenced by the attacks directed at Congress in the U.S. capital on 6 January 2021. As such, the lingering effects the pandemic will have on social, economic, and political institutions will likely reinforce the deep cultural and political cleavages and weaken interpersonal networks in American society. Conclusion The COVID-19 pandemic has devastated global public health and impacted deeply on the world economy. Unsurprisingly, given the serious economic, social, and political consequences, different government responses have been highly politicised. Various quarantine and infection case tracking methods have caused concern over state power intruding into private spheres. The usage of face masks, social distancing rules, and intra-state travel restrictions have aroused passionate debate over public health restrictions, individual liberty, and human rights. Yet underlying public health responses grounded in higher levels of social capital enhance the effectiveness of public health measures. In China, a country that has generally been associated with lower social capital, it is likely that the relatively strong policy response to COVID-19 will both enhance feelings of nationalism and Chinese exceptionalism and help create and increase the store of social capital. 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Introduction: Bubbles and Sport The ephemeral materiality of bubbles – beautiful, spectacular, and distracting but ultimately fragile – when applied to protect or conserve in the interests of sport-media profit, creates conditions that exacerbate existing inequalities in sport and society. Bubbles are usually something to watch, admire, and chase after in their brief yet shiny lives. There is supposed to be, technically, nothing inside them other than one or more gasses, and yet we constantly refer to people and objects being inside bubbles. The metaphor of the bubble has been used to describe the life of celebrities, politicians in purpose-built capital cities like Canberra, and even leftist, environmentally activist urban dwellers. The metaphorical and material qualities of bubbles are aligned—they cannot be easily captured and are liable to change at any time. In this article we address the metaphorical sporting bubble, which is often evoked in describing life in professional sport. This is a vernacular term used to capture and condemn the conditions of life of elite sportspeople (usually men), most commonly after there has been a sport-related scandal, especially of a sexual nature (Rowe). It is frequently paired with connotatively loaded adjectives like pampered and indulged. The sporting bubble is rarely interrogated in academic literature, the concept largely being left to the media and moral entrepreneurs. It is represented as involving a highly privileged but also pressurised life for those who live inside it. A sporting bubble is a world constructed for its most prized inhabitants that enables them to be protected from insurgents and to set the terms of their encounters with others, especially sport fans and disciplinary agents of the state. The Covid-19 pandemic both reinforced and reconfigured the operational concept of the bubble, re-arranging tensions between safety (protecting athletes) and fragility (short careers, risks of injury, etc.) for those within, while safeguarding those without from bubble contagion. Privilege and Precarity Bubble-induced social isolation, critics argue, encourages a loss of perspective among those under its protection, an entitled disconnection from the usual rules and responsibilities of everyday life. For this reason, the denizens of the sporting bubble are seen as being at risk to themselves and, more troublingly, to those allowed temporarily to penetrate it, especially young women who are first exploited by and then ejected from it (Benedict). There are many well-documented cases of professional male athletes “behaving badly” and trying to rely on institutional status and various versions of the sporting bubble for shelter (Flood and Dyson; Reel and Crouch; Wade). In the age of mobile and social media, it is increasingly difficult to keep misbehaviour in-house, resulting in a slew of media stories about, for example, drunkenness and sexual misconduct, such as when then-Sydney Roosters co-captain Mitchell Pearce was suspended and fined in 2016 after being filmed trying to force an unwanted kiss on a woman and then simulating a lewd act with her dog while drunk. There is contestation between those who condemn such behaviour as aberrant and those who regard it as the conventional expression of youthful masculinity as part of the familiar “boys will be boys” dictum. The latter naturalise an inequitable gender order, frequently treating sportsmen as victims of predatory women, and ignoring asymmetries of power between men and women, especially in homosocial environments (Toffoletti). For those in the sporting bubble (predominantly elite sportsmen and highly paid executives, also mostly men, with an array of service staff of both sexes moving in and out of it), life is reflected for those being protected via an array of screens (small screens in homes and indoor places of entertainment, and even smaller screens on theirs and others’ phones, as well as huge screens at sport events). These male sport stars are paid handsomely to use their skill and strength to perform for the sporting codes, their every facial expression and bodily action watched by the media and relayed to audiences. This is often a precarious existence, the usually brief career of an athlete worker being dependent on health, luck, age, successful competition with rivals, networks, and club and coach preferences. There is a large, aspirational reserve army of athletes vying to play at the elite level, despite risks of injury and invasive, life-changing medical interventions. Responsibility for avoiding performance and image enhancing drugs (PIEDs) also weighs heavily on their shoulders (Connor). Professional sportspeople, in their more reflective moments, know that their time in the limelight will soon be up, meaning that getting a ticket to the sporting bubble, even for a short time, can make all the difference to their post-sport lives and those of their families. The most vulnerable of the small minority of participants in sport who make a good, short-term living from it are those for whom, in the absence of quality education and prior social status, it is their sole likely means of upward social mobility (Spaaij). Elite sport performers are surrounded by minders, doctors, fitness instructors, therapists, coaches, advisors and other service personnel, all supporting athletes to stay focussed on and maximise performance quality to satisfy co-present crowds, broadcasters, sponsors, sports bodies and mass media audiences. The shield offered by the sporting bubble supports the teleological win-at-all-costs mentality of professional sport. The stakes are high, with athlete and executive salaries, sponsorships and broadcasting deals entangled in a complex web of investments in keeping the “talent” pivotal to the “attention economy” (Davenport and Beck)—the players that provide the content for sale—in top form. Yet, the bubble cannot be entirely secured and poor behaviour or performance can have devastating effects, including permanent injury or disability, mental illness and loss of reputation (Rowe, “Scandals and Sport”). Given this fragile materiality of the sporting bubble, it is striking that, in response to the sudden shutdown following the economic and health crisis caused by the 2020 global pandemic, the leaders of professional sport decided to create more of them and seek to seal the metaphorical and material space with unprecedented efficiency. The outcome was a multi-sided tale of mobility, confinement, capital, labour, and the gendering of sport and society. The Covid-19 Gilded Cage Sociologists such as Zygmunt Bauman and John Urry have analysed the socio-politics of mobilities, whereby some people in the world, such as tourists, can traverse the globe at their leisure, while others remain fixed in geographical space because they lack the means to be mobile or, in contrast, are involuntarily displaced by war, so-called “ethnic cleansing”, famine, poverty or environmental degradation. The Covid-19 global pandemic re-framed these matters of mobilities (Rowe, “Subjecting Pandemic Sport”), with conventional moving around—between houses, businesses, cities, regions and countries—suddenly subjected to the imperative to be static and, in perniciously unreflective technocratic discourse, “socially distanced” (when what was actually meant was to be “physically distanced”). The late-twentieth century analysis of the “risk society” by Ulrich Beck, in which the mysterious consequences of humans’ predation on their environment are visited upon them with terrifying force, was dramatically realised with the coming of Covid-19. In another iteration of the metaphor, it burst the bubble of twenty-first century global sport. What we today call sport was formed through the process of sportisation (Maguire), whereby hyper-local, folk physical play was reconfigured as multi-spatial industrialised sport in modernity, becoming increasingly reliant on individual athletes and teams travelling across the landscape and well over the horizon. Co-present crowds were, in turn, overshadowed in the sport economy when sport events were taken to much larger, dispersed audiences via the media, especially in broadcast mode (Nicholson, Kerr, and Sherwood). This lucrative mediation of professional sport, though, came with an unforgiving obligation to generate an uninterrupted supply of spectacular live sport content. The pandemic closed down most sports events and those that did take place lacked the crucial participation of the co-present crowd to provide the requisite event atmosphere demanded by those viewers accustomed to a sense of occasion. Instead, they received a strange spectacle of sport performers operating in empty “cathedrals”, often with a “faked” crowd presence. The mediated sport spectacle under the pandemic involved cardboard cut-out and sex doll spectators, Zoom images of fans on large screens, and sampled sounds of the crowd recycled from sport video games. Confected co-presence produced simulacra of the “real” as Baudrillardian visions came to life. The sporting bubble had become even more remote. For elite sportspeople routinely isolated from the “common people”, the live sport encounter offered some sensory experience of the social – the sounds, sights and even smells of the crowd. Now the sporting bubble closed in on an already insulated and insular existence. It exposed the irony of the bubble as a sign of both privileged mobility and incarcerated athlete work, both refuge and prison. Its logic of contagion also turned a structure intended to protect those inside from those outside into, as already observed, a mechanism to manage the threat of insiders to outsiders. In Australia, as in many other countries, the populace was enjoined by governments and health authorities to help prevent the spread of Covid-19 through isolation and immobility. There were various exceptions, principally those classified as essential workers, a heterogeneous cohort ranging from supermarket shelf stackers to pharmacists. People in the cultural, leisure and sports industries, including musicians, actors, and athletes, were not counted among this crucial labour force. Indeed, the performing arts (including dance, theatre and music) were put on ice with quite devastating effects on the livelihoods and wellbeing of those involved. So, with all major sports shut down (the exception being horse racing, which received the benefit both of government subsidies and expanding online gambling revenue), sport organisations began to represent themselves as essential services that could help sustain collective mental and even spiritual wellbeing. This case was made most aggressively by Australian Rugby League Commission Chairman, Peter V’landys, in contending that “an Australia without rugby league is not Australia”. In similar vein, prominent sport and media figure Phil Gould insisted, when describing rugby league fans in Western Sydney’s Penrith, “they’re lost, because the football’s not on … . It holds their families together. People don’t understand that … . Their life begins in the second week of March, and it ends in October”. Despite misgivings about public safety and equality before the pandemic regime, sporting bubbles were allowed to form, re-form and circulate. The indefinite shutdown of the National Rugby League (NRL) on 23 March 2020 was followed after negotiation between multiple entities by its reopening on 28 May 2020. The competition included a team from another nation-state (the Warriors from Aotearoa/New Zealand) in creating an international sporting bubble on the Central Coast of New South Wales, separating them from their families and friends across the Tasman Sea. Appeals to the mental health of fans and the importance of the NRL to myths of “Australianness” notwithstanding, the league had not prudently maintained a financial reserve and so could not afford to shut down for long. Significant gambling revenue for leagues like the NRL and Australian Football League (AFL) also influenced the push to return to sport business as usual. Sport contests were needed in order to exploit the gambling opportunities – especially online and mobile – stimulated by home “confinement”. During the coronavirus lockdowns, Australians’ weekly spending on gambling went up by 142 per cent, and the NRL earned significantly more than usual from gambling revenue—potentially $10 million above forecasts for 2020. Despite the clear financial imperative at play, including heavy reliance on gambling, sporting bubble-making involved special licence. The state of Queensland, which had pursued a hard-line approach by closing its borders for most of those wishing to cross them for biographical landmark events like family funerals and even for medical treatment in border communities, became “the nation's sporting hub”. Queensland became the home of most teams of the men’s AFL (notably the women’s AFLW season having been cancelled) following a large Covid-19 second wave in Melbourne. The women’s National Netball League was based exclusively in Queensland. This state, which for the first time hosted the AFL Grand Final, deployed sport as a tool in both national sports tourism marketing and internal pre-election politics, sponsoring a documentary, The Sporting Bubble 2020, via its Tourism and Events arm. While Queensland became the larger bubble incorporating many other sporting bubbles, both the AFL and the NRL had versions of the “fly in, fly out” labour rhythms conventionally associated with the mining industry in remote and regional areas. In this instance, though, the bubble experience did not involve long stays in miners’ camps or even the one-night hotel stopovers familiar to the popular music and sport industries. Here, the bubble moved, usually by plane, to fulfil the requirements of a live sport “gig”, whereupon it was immediately returned to its more solid bubble hub or to domestic self-isolation. In the space created between disciplined expectation and deplored non-compliance, the sporting bubble inevitably became the scrutinised object and subject of scandal. Sporting Bubble Scandals While people with a very low risk of spreading Covid-19 (coming from areas with no active cases) were denied entry to Queensland for even the most serious of reasons (for example, the death of a child), images of AFL players and their families socialising and enjoying swimming at the Royal Pines Resort sporting bubble crossed our screens. Yet, despite their (players’, officials’ and families’) relative privilege and freedom of movement under the AFL Covid-Safe Plan, some players and others inside the bubble were involved in “scandals”. Most notable was the case of a drunken brawl outside a Gold Coast strip club which led to two Richmond players being “banished”, suspended for 10 matches, and the club fined $100,000. But it was not only players who breached Covid-19 bubble protocols: Collingwood coaches Nathan Buckley and Brenton Sanderson paid the $50,000 fine imposed on the club for playing tennis in Perth outside their bubble, while Richmond was fined $45,000 after Brooke Cotchin, wife of team captain Trent, posted an image to Instagram of a Gold Coast day spa that she had visited outside the “hub” (the institutionally preferred term for bubble). She was subsequently distressed after being trolled. Also of concern was the lack of physical distancing, and the range of people allowed into the sporting bubble, including babysitters, grandparents, and swimming coaches (for children). There were other cases of players being caught leaving the bubble to attend parties and sharing videos of their “antics” on social media. Biosecurity breaches of bubbles by players occurred relatively frequently, with stern words from both the AFL and NRL leaders (and their clubs) and fines accumulating in the thousands of dollars. Some people were also caught sneaking into bubbles, with Lekahni Pearce, the girlfriend of Swans player Elijah Taylor, stating that it was easy in Perth, “no security, I didn’t see a security guard” (in Barron, Stevens, and Zaczek) (a month later, outside the bubble, they had broken up and he pled guilty to unlawfully assaulting her; Ramsey). Flouting the rules, despite stern threats from government, did not lead to any bubble being popped. The sport-media machine powering sporting bubbles continued to run, the attendant emotional or health risks accepted in the name of national cultural therapy, while sponsorship, advertising and gambling revenue continued to accumulate mostly for the benefit of men. Gendering Sporting Bubbles Designed as biosecurity structures to maintain the supply of media-sport content, keep players and other vital cogs of the machine running smoothly, and to exclude Covid-19, sporting bubbles were, in their most advanced form, exclusive luxury camps that illuminated the elevated socio-cultural status of sportsmen. The ongoing inequalities between men’s and women’s sport in Australia and around the world were clearly in evidence, as well as the politics of gender whereby women are obliged to “care” and men are enabled to be “careless” – or at least to manage carefully their “duty of care”. In Australia, the only sport for women that continued during the height of the Covid-19 lockdown was netball, which operated in a bubble that was one of sacrifice rather than privilege. With minimum salaries of only $30,000 – significantly less than the lowest-paid “rookies” in the AFL – and some being mothers of small children and/or with professional jobs juggled alongside their netball careers, these elite sportswomen wanted to continue to play despite the personal inconvenience or cost (Pavlidis). Not one breach of the netballers out of the bubble was reported, indicating that they took their responsibilities with appropriate seriousness and, perhaps, were subjected to less scrutiny than the sportsmen accustomed to attracting front-page headlines. National Netball League (also known after its Queensland-based naming rights sponsor as Suncorp Super Netball) players could be regarded as fortunate to have the opportunity to be in a bubble and to participate in their competition. The NRL Women’s (NRLW) Premiership season was also completed, but only involved four teams subject to fly in, fly out and bubble arrangements, and being played in so-called curtain-raiser games for the NRL. As noted earlier, the AFLW season was truncated, despite all the prior training and sacrifice required of its players. Similarly, because of their resource advantages, the UK men’s and boy’s top six tiers of association football were allowed to continue during lockdown, compared to only two for women and girls. In the United States, inequalities between men’s and women’s sports were clearly demonstrated by the conditions afforded to those elite sportswomen inside the Women’s National Basketball Association (WNBA) sport bubble in the IMG Academy in Florida. Players shared photos of rodent traps in their rooms, insect traps under their mattresses, inedible food and blocked plumbing in their bubble accommodation. These conditions were a far cry from the luxury usually afforded elite sportsmen, including in Florida’s Walt Disney World for the men’s NBA, and is just one of the many instances of how gendered inequality was both reproduced and exacerbated by Covid-19. Bursting the Bubble As we have seen, governments and corporate leaders in sport were able to create material and metaphorical bubbles during the Covid-19 lockdown in order to transmit stadium sport contests into home spaces. The rationale was the importance of sport to national identity, belonging and the routines and rhythms of life. But for whom? Many women, who still carry the major responsibilities of “care”, found that Covid-19 intensified the affective relations and gendered inequities of “home” as a leisure site (Fullagar and Pavlidis). Rates of domestic violence surged, and many women experienced significant anxiety and depression related to the stress of home confinement and home schooling. During the pandemic, women were also more likely to experience the stress and trauma of being first responders, witnessing virus-related sickness and death as the majority of nurses and care workers. They also bore the brunt of much of the economic and employment loss during this time. Also, as noted above, livelihoods in the arts and cultural sector did not receive the benefits of the “bubble”, despite having a comparable claim to sport in contributing significantly to societal wellbeing. This sector’s workforce is substantially female, although men dominate its senior roles. Despite these inequalities, after the late March to May hiatus, many elite male sportsmen – and some sportswomen - operated in a bubble. Moving in and out of them was not easy. Life inside could be mentally stressful (especially in long stays of up to 150 days in sports like cricket), and tabloid and social media troll punishment awaited those who were caught going “over the fence”. But, life in the sporting bubble was generally preferable to the daily realities of those afflicted by the trauma arising from forced home confinement, and for whom watching moving sports images was scant compensation for compulsory immobility. The ethical foundation of the sparkly, ephemeral fantasy of the sporting bubble is questionable when it is placed in the service of a voracious “media sports cultural complex” (Rowe, Global Media Sport) that consumes sport labour power and rolls back progress in gender relations as a default response to a global pandemic. Covid-19 dramatically highlighted social inequalities in many areas of life, including medical care, work, and sport. For the small minority of people involved in sport who are elite professionals, the only thing worse than being in a sporting bubble during the pandemic was not being in one, as being outside precluded their participation. Being inside the bubble was a privilege, albeit a dubious one. But, as in wider society, not all sporting bubbles are created equal. Some are more opulent than others, and the experiences of the supporting and the supported can be very different. The surface of the sporting bubble may be impermanent, but when its interior is opened up to scrutiny, it reveals some very durable structures of inequality. Bubbles are made to burst. They are, by nature, temporary, translucent structures created as spectacles. As a form of luminosity, bubbles “allow a thing or object to exist only as a flash, sparkle or shimmer” (Deleuze, 52). In echoing Deleuze, Angela McRobbie (54) argues that luminosity “softens and disguises the regulative dynamics of neoliberal society”. The sporting bubble was designed to discharge that function for those millions rendered immobile by home confinement legislation in Australia and around the world, who were having to deal with the associated trauma, risk and disadvantage. 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The Black Summer of 2019/2020 saw the forests of southeast Australia go up in flames. The fire season started early, in September 2019, and by March 2020 fires had burned over 12.6 million hectares (Werner and Lyons). The scale and severity of the fires was quickly confirmed by scientists to be “unprecedented globally” (Boer et al.) and attributable to climate change (Nolan et al.).The fires were also a media spectacle, generating months of apocalyptic front-page images and harrowing broadcast footage. Media coverage was particularly preoccupied by the cause of the fires. Media framing of disasters often seeks to attribute blame (Anderson et al.; Ewart and McLean) and, over the course of the fire period, blame for the fires was attributed to climate change in much media coverage. However, as the disaster unfolded, denialist discourses in some media outlets sought to veil this revelation by providing alternative explanations for the fires. Misinformation originating from social media also contributed to this obscuration.In this article, we investigate the extent to which media coverage of the 2019/2020 bushfires functioned both to precipitate a climate change epiphany and also to support refutation of the connection between catastrophic fires and the climate crisis.Environmental Communication and RevelationIn its biblical sense, revelation is both an ending and an opening: it is the apocalyptic end-time and also the “revealing” of this time through stories and images. Environmental communication has always been revelatory, in these dual senses of the word – it is a mode of communication that is tightly bound to crisis; that has long grappled with obfuscation and misinformation; and that disrupts power structures and notions of the status quo as it seeks to reveal what is hidden. Climate change in particular is associated in the popular imagination with apocalypse, and is also a reality that is constantly being “revealed”. Indeed, the narrative of climate change has been “animated by the revelations of science” (McNeish 1045) and presented to the public through “key moments of disclosure and revelation”, or “signal moments”, such as scientist James Hansen’s 1988 US Senate testimony on global warming (Hamblyn 224).Journalism is “at the frontline of environmental communication” (Parham 96) and environmental news, too, is often revelatory in nature – it exposes the problems inherent in the human relationship with the natural world, and it reveals the scientific evidence behind contentious issues such as climate change. Like other environmental communicators, environmental journalists seek to “break through the perceptual paralysis” (Nisbet 44) surrounding climate change, with the dual aim of better informing the public and instigating policy change. Yet leading environmental commentators continually call for “better media coverage” of the planetary crisis (Suzuki), as climate change is repeatedly bumped off the news agenda by stories and events deemed more newsworthy.News coverage of climate-related disasters is often revelatory both in tone and in cultural function. The disasters themselves and the news narratives which communicate them become processes that make visible what is hidden. Because environmental news is “event driven” (Hansen 95), disasters receive far more news coverage than ongoing problems and trends such as climate change itself, or more quietly devastating issues such as species extinction or climate migration. Disasters are also highly visual in nature. Trumbo (269) describes climate change as an issue that is urgent, global in scale, and yet “practically invisible”; in this sense, climate-related disasters become a means of visualising and realising what is otherwise a complex, difficult, abstract, and un-seeable concept.Unsurprisingly, natural disasters are often presented to the public through a film of apocalyptic rhetoric and imagery. Yet natural disasters can be also “revelatory” moments: instances of awakening in which suppressed truths come spectacularly and devastatingly to the surface. Matthewman (9–10) argues that “disasters afford us insights into social reality that ordinarily pass unnoticed. As such, they can be read as modes of disclosure, forms of communication”. Disasters, he continues, can reveal both “our new normal” and “our general existential condition”, bringing “the underbelly of progress into sharp relief”. Similarly, Lukes (1) states that disasters “lift veils”, revealing “what is hidden from view in normal times”. Yet for Lukes, “the revelation tells us nothing new, nothing that we did not already know”, and is instead a forced confronting of that which is known yet difficult to engage with. Lukes’ concern is the “revealing” of poverty and inequality in New Orleans following the impact of Hurricane Katrina, yet climate-related disasters can also make visible what McNeish terms “the dark side effects of industrial civilisation” (1047). The Australian bushfires of 2019/2020 can be read in these terms, primarily because they unveiled the connection between climate change and extreme events. Scorching millions of hectares, with a devastating impact on human and non-human communities, the fires revealed climate change as a physical reality, and—for Australians—as a local issue as well as a global one. As media coverage of the fires unfolded and smoke settled on half the country, the impact of climate change on individual lives, communities, landscapes, native animal and plant species, and well-established cultural practices (such as the summer camping holiday) could be fully and dramatically realised. Even for those Australians not immediately impacted, the effects were lived and felt: in our lungs, and on our skin, a physical revelation that the impacts of climate change are not limited to geographically distant people or as-yet-unborn future generations. For many of us, the summer of fire was a realisation that climate change can no longer be held at arm’s length.“Revelation” also involves a temporal collapse whereby the future is dragged into the present. A revelatory streak of this nature has always existed at the heart of environmental communication and can be traced back at least as far as the environmentalist Rachel Carson, whose 1962 book Silent Spring revealed a bleak, apocalyptic future devoid of wildlife and birdsong. In other words, environmental communication can inspire action for change by exposing the ways in which the comforts and securities of the present are built upon a refusal to engage with the future. This temporal rupture where the future meets the present is particularly characteristic of climate change narratives. It is not surprising, then, that media coverage of the 2019/2020 bushfires addressed not just the immediate loss and devastation but also dread of the future, and the understanding that summer will increasingly hold such threats. Bushfires, Climate Change and the MediaThe link between bushfire risk and climate change generated a flurry of coverage in the Australian media well before the fires started in the spring of 2019. In April that year, a coalition of 23 former fire and emergency services leaders warned that Australia was “unprepared for an escalating climate threat” (Cox). They requested a meeting with the new government, to be elected in May, and better funding for firefighting to face the coming bushfire season. When that meeting was granted, at the end of Australia’s hottest and driest year on record (Doyle) in November 2019, bushfires had already been burning for two months. As the fires burned, the emergency leaders expressed frustration that their warnings had been ignored, claiming they had been “gagged” because “you are not allowed to talk about climate change”. They cited climate change as the key reason why the fire season was lengthening and fires were harder to fight. "If it's not time now to speak about climate and what's driving these events”, they asked, “– when?" (McCubbing).The mediatised uncovering of a bushfire/climate change connection was not strictly a revelation. Recent fires in California, Russia, the Amazon, Greece, and Sweden have all been reported in the media as having been exacerbated by climate change. Australia, however, has long regarded itself as a “fire continent”: a place adapted to fire, whose landscapes invite fire and can recover from it. Bushfires had therefore been considered part of the Australian “normal”. But in the Australian spring of 2019, with fires having started earlier than ever and charring rainforests that did not usually burn, the fire chiefs’ warning of a climate change-induced catastrophic bushfire season seemed prescient. As the fires spread and merged, taking homes, lives, landscapes, and driving people towards the water, revelatory images emerged in the media. Pictures of fire refugees fleeing under dystopian crimson skies, masked against the smoke, were accompanied by headlines like “Apocalypse Now” (Fife-Yeomans) and “Escaping Hell” (The Independent). Reports used words like “terror”, “nightmare” (Smee), “mayhem”, and “Armageddon” (Davidson).In the Australian media, the fire/climate change connection quickly became politicised. The Deputy Prime Minister Michael McCormack interviewed by the ABC, responding to a comment by Greens leader Adam Bandt, said connecting bushfire and climate while the fires raged was “disgraceful” and “disgusting”. People needed help, he said, not “the ravings of some pure enlightened and woke capital city greenies” (Goloubeva and Haydar). Gladys Berejiklian the NSW Premier also described it as “inappropriate” (Baker) and “disappointing” (Fox and Higgins) to talk about climate change at this time. However Carol Sparks, Mayor of bushfire-ravaged Glen Innes in rural NSW, contradicted this stance, telling the ABC (Australian Broadcasting Corporation) “Michael McCormack needs to read the science”. Climate change, she said, was “not a political thing” but “scientific fact” (Goloubeva and Haydar).As the fires merged and intensified, so did the media firestorm. Key Australian media became a sparring ground for issue definition, with media predictably split down ideological lines. Public broadcasters the ABC and SBS (Special Broadcasting Service), along with The Age, The Sydney Morning Herald and The Guardian Australia, predominantly framed the catastrophe as wrought by climate change. The Guardian, in an in-depth investigation of climate science and bushfire risk, stated that “despite the political smokescreen” the connection between the fires and global warming was “unequivocal” (Redfearn). The ABC characterised the fires as “a glimpse of the horrors of climate change’s crescendoing impact” (Rose). News outlets owned by Rupert Murdoch’s News Corp Australia, however, actively sought to play down the fires’ seriousness. On 2 January, as front pages of newspapers across the world revealed horrifying fiery images, Murdoch’s Australian ran an upbeat shot of New Year’s Day picnic races as its lead, relegating discussion of the fires to page 4 (Meade). More than simply obscuring the fires’ significance, News Corp media actively sought to convince readers that the fires were not out of the ordinary. For example, as the fires’ magnitude was becoming clear on the last day of 2019, The Australian ran a piece comparing the fires with previous conflagrations, claiming such conditions were “not unprecedented” and the fires were “nothing new” (Johnstone). News Corp’s Sky News also used this frame: “climate alarmists”, “catastrophise”, and “don’t want to look at history”, it stated in a segment comparing the event to past major bushfires (Kenny).As the fires continued into January and February 2020, the refutation of the climate change frame solidified around several themes. Conservative media continued to insist the fires were “normal” for Australia and attributed their severity to a lack of hazard reduction burning, which they blamed on “Greens policies” (Brown and Caisley). They also promoted the argument, espoused by Energy Minister Angus Taylor, that with only “1.3% of global emissions” Australia “could not have meaningful impact” on global warming through emissions reductions, and that top-down climate mitigation pressure from the UN was “doomed to fail” (Lloyd). Foreign media saw the fires in quite different terms. From the outside looking in, the Australian fires were clearly revealed as fuelled by global heating and exacerbated by the Australian government’s climate denialism. Australia was framed as a “notorious climate offender” (Shield) that was—as The New York Times put it—“committing climate suicide” (Flanagan) with its lack of coherent climate policy and its predilection for mining coal. Ouest-France ran a headline reading “High on carbon, rich Australia denies global warming” in which it called Scott Morrison’s position on climate change “incomprehensible” (Guibert). The LA Times called the Australian fires “a climate change warning to its leaders—and ours”, noting how “fossil fuel friendly Morrison” had “gleefully wielded a fist-sized chunk of coal on the floor of parliament in 2017” (Karlik). In the UK, the Independent online ran a front page spread of the fires’ vast smoke plume, with the headline “This is what a climate crisis looks like” (Independent Online), while Australian MP Craig Kelly was called “disgraceful” by an interviewer on Good Morning Britain for denying the fires’ link to climate change (Good Morning Britain).Both in Australia and internationally, deliberate misinformation spread by social media additionally shaped media discourse on the fires. The false revelation that the fires had predominantly been started by arson spread on Twitter under the hashtag #ArsonEmergency. While research has been quick to show that this hashtag was artificially promoted by bots (Weber et al.), this and misinformation like it was also shared and amplified by real Twitter users, and quickly spread into mainstream media in Australia—including Murdoch’s Australian (Ross and Reid)—and internationally. Such misinformation was used to shore up denialist discourses about the fires, and to obscure revelation of the fire/climate change connection. Blame Framing, Public Opinion and the Extent of the Climate Change RevelationAs studies of media coverage of environmental disasters show us, media seek to apportion blame. This blame framing is “accountability work”, undertaken to explain how and why a disaster occurred, with the aim of “scrutinizing the actions of crisis actors, and holding responsible authorities to account” (Anderson et al. 930). In moments of disaster and in their aftermath, “framing contests” (Benford and Snow) can emerge in which some actors, regarding the crisis as an opportunity for change, highlight the systemic issues that have led to the crisis. Other actors, experiencing the crisis as a threat to the status quo, try to attribute the blame to others, and deny the need for policy change. As the Black Summer unfolded, just such a contest took place in Australian media discourse. While Murdoch’s dominant News Corp media sought to protect the status quo, promote conservative politicians’ views, and divert attention from the climate crisis, other Australian and overseas media outlets revealed the fires’ link to climate change and intransigent emissions policy. However, cracks did begin to show in the News Corp stance on climate change during the fires: an internal whistleblower publicly resigned over the media company’s fires coverage, calling it a “misinformation campaign”, and James Murdoch also spoke out about being “disappointed with the ongoing denial of the role of climate change” in reporting the fires (ABC/Reuters).Although media reporting on the environment has long been at the forefront of shaping social understanding of environmental issues, and news maintains a central role in both revealing environmental threats and shaping environmental politics (Lester), during Australia’s Black Summer people were also learning about the fires from lived experience. Polls show that the fires affected 57% of Australians. Even those distant from the catastrophe were, for some time, breathing the most toxic air in the world. This personal experience of disaster revealed a bushfire season that was far outside the normal, and public opinion reflected this. A YouGov Australia Institute poll in January 2020 found that 79% of Australians were concerned about climate change—an increase of 5% from July 2019—and 67% believed climate change was making the bushfires worse (Australia Institute). However, a January 2020 Ipsos poll also found that polarisation along political lines on whether climate change was indeed occurring had increased since 2018, and was at its highest levels since 2014 (Crowe). This may reflect the kind of polarised media landscape that was evident during the fires. A thorough dissection in public discourse of Australia’s unprecedented fire season has been largely eclipsed by the vast coverage of the coronavirus pandemic that so quickly followed it. In May 2020, however, the fires were back in the media, when the Bushfires Royal Commission found that the Black Summer “played out exactly as scientists predicted it would” and that more seasons like it were now “locked in” because of carbon emissions (Hitch). It now remains to be seen whether the revelatory extent of the climate change blame frame that played out in media discourse on the fires will be sufficient to garner meaningful action and policy change—or whether denialist discourses will again obscure climate change revelation and seek to maintain the status quo. References Anderson, Deb, et al. "Fanning the Blame: Media Accountability, Climate and Crisis on the Australian ‘Fire Continent’." 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Introduction This article argues in favour of same-sex marriage, but only under certain conditions. Same-sex marriage ought to be introduced in the Australian context in order to remedy the formal inequalities between lesbian, gay, bisexual and transgender (LGBT) citizens and their heterosexual/cisgendered counterparts. One common method of justifying the introduction of formal same-sex relationship recognition has been via the promotion of LGBT “normalcy.” This article explores such a trend by analysing popular media and advertising, since media representations and coverage have been shown to affect the way the general public “learns, understands, and thinks about an issue” (Li and Lui 73). This article finds that the promotion of normalcy can, in fact, perpetuate hetero-norms, and only offer LGBT people an imaginary social equality. Such normalisation, it is suggested, is detrimental to a wider goal of gaining respect for LGBT people regardless, not in spite of, their identity and relationships. Yet, this article maintains that such imaginary equality can be avoided, so long as a plurality of possibilities for one’s intimate and familial life are actively legitimated and promoted. Australian Same-Sex Relationship Recognition The Relationships Act 2003 (Tas) was the first piece of Australian legislation to formally recognise same-sex relationships. This act allowed Tasmanian residents to register a partnership, although these unions were not recognised in any other Australian State. However, despite this State-based movement, as well as other examples of same-sex unions gaining increasing recognition in the West, not all legal changes have been positive for LGBT people. One example of this was the Howard Government’s 2004 reformation of the Marriage Act 1961 (Cwlth), which made explicit that marriage could only take place between one man and one woman to the exclusion of all others, and also refused to acknowledge same-sex marriages performed legally overseas. Furthermore, 2012 saw the failure of several Bills which sought the introduction of same-sex marriage at both the State and Federal level. Thus, same-sex marriage is still illegal in Australia to-date. But, despite these major setbacks, other progress towards same-sex relationship recognition has continued. At the Federal level, different-sex and same-sex de facto relationship recognition became formally equal over the period of 2008-9. Furthermore, it is both official Greens and Australian Labor Party policy to support equal marriage rights. At the State level, the example of recognising same-sex civil unions/registered partnerships has been followed by Victoria, the Australian Capital Territory, New South Wales, and Queensland. There are several reasons why same-sex couples may desire the right to marry. Some reasons are practical; in any given Nation-State where same-sex couples are without the right to marry, then same-sex partners are unable to claim the same benefits and undertake the same obligations as heterosexual married couples. They are formally unequal. On the basis of their empirical research Jowett and Peel argue that formal equality is a motivating factor for the same-sex marriage movement, noting that a likely incentive to engage in these unions would be security, since LGBT people have heretofore lived and continue to live with a very real threat of discrimination. This is largely why the option of civil unions was created in the West. The measure was first introduced by Denmark in 1989, and its purpose was to be a marriage-like institution, existing solely for the recognition of same-sex couples (Broberg 149). Although civil unions should theoretically offer same-sex couples the same legal benefits and obligations that heterosexual married couples receive, this is widely believed to be false in practice. The Netherlands has almost achieved full equality, at 96%; however, countries such as Belgium rate poorly, at 48% (Waaldijk 9). As such, it has been argued that civil unions are not sufficient alternatives to marriage. Amitai Etzioni claims, “many gay people feel strongly that unless they are entitled to exactly the same marriages as heterosexuals, their basic individual rights are violated, which they (and many liberals) hold as semisacred” (qtd. in Shanley 65). This opinion demonstrates that formal equality is a key concern of the same-sex marriage debate. However, it is not the only concern. The organisation Australian Marriage Equality (AME), which has been at the forefront of the fight for same-sex marriage since its establishment in 2004, claims that “Civil unions are not as widely understood or respected as marriage and creating a separate name for same-sex relationships entrenches a different, discriminatory, second-class status for these relationships” (Greenwich, The Case for Same-Sex Marriage 3). They claim further that, if recognition continues to be refused, it maintains the message that same-sex partners are not capable of the level of love and commitment associated with marriage (Greenwich, The Case for Same-Sex Marriage). Thus, AME claim that not only do the legal entitlements of civil unions frequently fail to be formally equivalent, but even the difference in name contributes to the ongoing discrimination of LGBT people. Although neither marriage nor civil unions are federally available to same-sex couples in Australia, AME argue that marriage must be primarily endorsed, then (Greenwich, A Failed Experiment 1). The argument is, if Australia were to introduce civil unions, but not marriage, civil unions would reify the second-class status of homosexuals, and would present same-sex relationships and homosexuality as inferior to different-sex relationships and heterosexuality. Thus, the title “marriage” is significant, and one strategy for demonstrating that LGBT people are fit for this title has been by promoting representations of sameness to the heterosexual mainstream. To achieve the status that goes along with the ability to marry, same-sex couples have typically tried to get their relationships publicly recognised and legally regulated in two ways. They have sought to (a) demonstrate that LGBT people do structure their relationships and familial lives according to the heteropatriarchal normative stereotypes of traditional family values, and/or (b) they emphasise the “born this way” aspect of LGBT sexuality/gender identity, refusing to situate it as a choice. This latter aspect is significant, since arguments based on natural “facts” often claim that what is true by nature cannot be changed, and/or what is true by nature is good (Antony 12). These two strategies thus seek to contribute to a shift in the public perception of homosexuals, homosexuality, and same-sex relationships. The idea, in other words, is to promote the LGBT subject as being a “normal” and “good” citizen (Jowett and Peel 206). Media Representations of Normal Gays In Australia, the normalcy of same-sex relationships has been advocated perhaps most obviously in television adverting. One such advertisement is run by Get Up! Action for Australia, an independent, grass-roots advocacy organisation. This ad is shot from a first-person perspective, where the camera is the eyes of the subject. It follows the blossoming of a relationship: from meeting a man on a boat, to exchanging phone numbers, dating, attending social events with friends, sharing special occasions, meeting each other’s families, sharing a home, caring for sick family members, and so forth, finally culminating in a proposal for marriage. Upon the proposal it is revealed that the couple consists of two young-adult, white, middle-class men. The purpose of this advertisement is to surprise the audience member, as the gay couple’s relationship follows the same trajectory of what is typically expected in a heterosexual relationship. The effect, in turn, is to shock the audience member into recognising that same-sex couples are just like different-sex couples. Hopefully, this will also serve to justify to the audience member that LGBT people deserve the same legal treatment as heterosexuals. The couple in this advertisement appear to be monogamous, their relationship seems to have blossomed over a length of time, they support each other’s families, and the couple comes to share a home. Projecting images like these suggests that such aspects are the relevant features of marriage, which LGBT people mimic. The second Australian advertisement from AME, features a young-adult, interracial, gay couple, who also appear to be middle-class. In this advertisement the families of the two partners, Ivan and Chris, comment on the illegal status of same-sex marriage in Australia. The ad opens with Ivan’s parents, and notes the length of their marriage—45 years. Ivan later claims that he wants to get married because he wants to be with Chris for life. These signals remind the viewer that marriage is supposed to be a life-long commitment, despite the prevalence of divorce. The advertisement also focuses on Chris’s parents, who claim that thanks to their son’s relationship their family has now expanded. The ad cuts between segments of spoken opinion and shots of family time spent at dinner, or in a park, and so on. At one point Ivan states, “We’re not activists; we’re just people who want to get married, like everyone else.” This reiterates the “normalcy” of the desire to marry in general, which is confirmed by Chris’s statement when he says, “It means that everyone would accept it. It’s sort of like a normal... A sense of normalcy.” This implies that to be seen as normal is both desirable and good; but more to the point, the ad positions LGBT people as if they are all already normal, and simply await recognition. It does not challenge the perception of what “normalcy” is. Finally, the advertisement closes with the written statement: “Marriage: It’s about family. Everyone’s family.” This advertisement thus draws connections between the legal institution of marriage and socially shared normative conceptions of married family life. While these two advertisements are not the only Australian television ads which support this particular vision of same-sex marriage, they are typical. What is interesting is that this particular image of homosexuality and same-sex relationships is becoming increasingly common in popular media also. For example, American sitcom Modern Family features a gay couple who share a house, have an adopted daughter, and maintain a fairly traditional lifestyle where one works full time as a lawyer, while the other remains at home and is the primary care-giver for their daughter. Their relationship is also monogamous and long-term. The couple is white, and they appear to have a middle-class status. Another American sitcom, The New Normal, features a white gay couple (one is Jewish) who also share a home, are in a long-term monogamous relationship, and who both have careers. This sitcom centres on this couple’s decision to have a child and the life of the woman who decides to act as their surrogate. This couple are also financially well off. Both of these sitcoms have prime Australian television slots. Although the status of the couples’ relationships in the aforementioned sitcoms is not primarily focussed on, they each participate in a relationship which is traditionally marriage-like in structure. This includes long-term commitment, monogamy, sharing a home and economic arrangements, starting and raising a family, and so on. And it is the very marriage-like aspects of same-sex relationships which Australian equal marriage advocates have used to justify why same-sex marriage should be legal. The depiction of on-screen homosexual couples (who are gay, rather than lesbian, bisexual, or trans) and the public debate in favour of same-sex marriage both largely promote and depend upon the perception of these relationships as effectively "the same" as heterosexual relationships in terms of structure, goals, commitment, life plans, lifestyle, and so on. A comment should be made on the particular representations in the examples above. The repetition of images of the LGBT community as primarily male, white, young-adult, middle-class, straight-looking, monogamous, and so on, comes at the expense of distancing even further those who do not conform to this model (Borgerson et. al. 959; Fejes 221). These images represent what Darren Rosenblum calls “but-for queers,” meaning that but-for their sexual orientation, these people would be just the same as “normal” heterosexuals. Rosenblum has commented on the increased juridical visibility of but-for queers and the legal gains they have won; however, he criticises that these people have been unable to adequately challenge heterosexism since their acceptance is predicated on being as much like normative heterosexuals as possible (84-5). Heterosexism and heteronormativity refer to the ways in which localised practices and centralised institutions legitimise and privilege heterosexuality, seeing it as fundamental, natural, and normal (Cole and Avery 47). If the only queers who gain visibility thanks to these sitcoms and advertisements are but-for queers, the likelihood that heterosexism will be challenged with the legal recognition of same-sex marriage drastically decreases. Appeals to sameness and normalcy typically refuse to critically examine heteronormative standards of acceptability. This results in the continued promotion of the “sexually involved couple,” realised according to particular normative standards, as the appropriate, best, or even natural trajectory for one’s intimate life. Thus, a key reason that some LGBT people have rejected marriage as an appropriate goal is because assimilative inclusion does not offer a legitimately respected social identity to LGBT people as a whole. When legal changes promoting the equality of LGBT people are predicated on their assimilation to heteronormative relationship criteria, this can only achieve “imaginary” equality and the illusion of progress, while real instances of homophobia, discrimination, marginalisation and hostility towards LGBT people continue (Richardson 394). Thus, given the highly specified representations of “normal” LGBT people, it is fair to conclude that there is a biased representation of same-sex relationships on-screen in terms of sex, race, ability, wealth, monogamy, and so on. The assimilationist strategy of publicising particularly gay identity and relationships as just like heterosexuality appears to depoliticise queerness and render lesbians, bisexuals, and transgender people more or less invisible. This can be problematic insofar as the subversive role that queer identity could play in bringing about social change regarding acceptability of other sexual and intimate relationships is lessened (Richardson 395-6). The question that emerges at this point, then, is whether same-sex marriage is doomed to perpetuate hetero-norms and designate all other non-conformists as socially, morally, and/or legally inferior. Pluralisation Ironically, while some activists reject civil unions, their introduction may be crucial to support a “pluralisation strategy.” AME is, in fact, not opposed to civil unions, so long as they do not pretend to be marriage (Greenwich, A Failed Experiment 1). However, AME’s main focus is still on achieving marriage equality, rather than promoting a diverse array of relationship recognition. A pluralisation strategy, though, would seek to question the very normative and hierarchical status of marriage, given the strategy’s key aim of greater options for legally regulated relationship recognition. Regarding polyamorous relationships specifically, Elizabeth Emens has argued that,The existence of some number of people choosing to live polyamorous lives should prompt us all to [...] think about our own choices and about the ways that our norms and laws urge upon us one model rather than pressing us to make informed, affirmative choices about what might best suit our needs and desires.” (in Shanley 79) While non-monogamous relationships have frequently been rejected, even by same-sex marriage activists, since they too threaten traditional forms of marriage, the above statement clearly articulates the purpose of the pluralisation strategy: to challenge people to think about the way norms and laws press one model upon people, and to challenge that model by engaging in and demanding recognition for other models of intimate and familial relationships. When a variety of formal options for legalising various types of relationships is legislated for, this allows people greater choice in how they can conceive and structure their relationships. It also creates a political space where norms can be publicly assessed, criticised, and re-evaluated. Thus, the goal to be achieved is the representation of multiple relationship/family structures as being of equal worth, rather than fixing them in a relationship hierarchy where traditional marriage is the ideal. There exist many examples of people who “do relationships differently”—whether they are homosexual, polyamorous, asexual, step-families, and so on—and the existence of these must come to be reflected as equally valuable and viable options in the dominant social imaginary. Representations in popular media are one avenue, for example, which advocates of this pluralisation strategy might employ in order to achieve such a shift. Another avenue is advocacy. If advocacy on the importance of formally recognising multiple types of relationships increased, this may balance the legitimacy of these relationships with marriage. Furthermore, it may prevent the perpetuation of hetero-norms and increase respect for LGBT identity, since they would be less likely to be pressured into assimilation. Thus, same-sex marriage activists could, in fact, gain from taking up the cause of refusing one single model for relationship-recognition (Calhoun 1037). In this sense, then, the emergence of civil union schemes as an alternative to marriage in the West has potentially yielded something very valuable in the way of increasing options regarding one’s intimate life, especially in the Australian context where diverse recognition has already begun. Interestingly, Australia has come some way towards pluralisation at the State level; however, it is hardly actively promoted. The civil union schemes of both Tasmania and Victoria have a provision entitling “caring couples” to register their relationships. A “caring couple” involves two people who are not involved in a sexual relationship, who may or may not be related, and who provide mutual or one-sided care to the other. The caring couple are entitled to the same legal benefits as those romantic couples who register their relationships. One can infer then, that not only sexual relationships, but those of the caring couple as in Tasmania and Victoria, or possibly even those of a relationship like one “between three single mothers who are not lovers but who have thrown in their lot together as a family,” could be realised and respected if other alternatives were available and promoted alongside marriage (Cornell, in Shanley 84). While Australia would have quite some way to go to achieve these goals, the examples of Tasmania and Victoria are a promising start in the right direction. Conclusion This paper has argued that marriage is a goal that LGBT people should be wary of. Promoting limited representations of same-sex oriented individuals and couples can perpetuate the primacy of hetero-norms, and fail to deliver respect for all LGBT people. However, despite the growing trend of justifying marriage and homosexuality thanks to “normalcy”, promotion of another strategy—a pluralisation strategy—might result in more beneficial outcomes. It may result in a more balanced weight of normative worth between institutions and types of recognition, which may then result in citizens feeling less compelled to enter marriage. Creating formal equality while pursuing the promotion of other alternatives as legitimate will result in a greater acceptance of queer identity than will the endorsement of same-sex marriage justified by LGBT normalcy. While the latter may result in speedier access to legal benefits for some, the cost of such a strategy should be underscored. 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IntroductionIn 1802 George Howe (1769-1821), the recently appointed Government Printer, published Australia’s first book. The following year he established Australia’s first newspaper; an enterprise that ran counter to all the environmental factors of the day, including: 1) issues of logistics and a lack of appropriate equipment and basic materials to produce a regularly issued newspaper; 2) issues resulting from the very close supervision of production and the routine censorship by the Governor; and 3) issues associated with the colony’s primary purposes as a military outpost and as a penal settlement, creating conflicts between very different readerships. The Sydney Gazette was, critically for Howe, the only newspaper in the infant city for over two decades. Alternative voices would not enter the field of printed media until the 1820s and 1830s. This article briefly explores the birth of an Australian industry and looks at how a very modest newspaper overcame a range of serious challenges to ignite imaginations and lay a foundation for media empires.Government Printer The first book published in Australia was the New South Wales General Standing Orders and General Orders (1802), authorised by Governor Philip Gidley King for the purposes of providing a convenient, single-volume compilation of all Government Orders, issued in New South Wales, between 1791 and 1802. (As the Australian character has been described as “egalitarian, anti-authoritarian and irreverent” [D. Jones 690], it is fascinating that the nation’s first published book was a set of rules.) Prescribing law, order and regulation for the colony the index reveals the desires of those charged with the colony’s care and development, to contain various types of activities. The rules for convicts were, predictably, many. There were also multiple orders surrounding administration, animal husbandry as well as food stuffs and other stores. Some of the most striking headings in the index relate to crime. For example, in addition to headings pertaining to courts there are also headings for a broad range of offences from: “BAD Characters” to “OFFENSIVE Weapons – Again[s]t concealing” (i-xii). The young colony, still in its teenage years, was, for the short-term, very much working on survival and for the long-term developing ambitious plans for expansion and trade. It was clear though, through this volume, that there was no forgetting the colony of New South Wales was first, and foremost, a penal settlement which also served as a military outpost. Clear, too, was the fact that not all of those who were shipped out to the new colony were prepared to abandon their criminal careers which “did not necessarily stop with transportation” (Foyster 10). Containment and recidivism were matters of constant concern for the colony’s authorities. Colonial priorities could be seen in the fact that, when “Governor Arthur Phillip brought the first convicts (548 males and 188 females) to Port Jackson on 26 January 1788, he also brought a small press for printing orders, rules, and regulations” (Goff 103). The device lay dormant on arrival, a result of more immediate concerns to feed and house all those who made up the First Fleet. It would be several years before the press was pushed into sporadic service by the convict George Hughes for printing miscellaneous items including broadsides and playbills as well as for Government Orders (“Hughes, George” online). It was another convict (another man named George), convicted at the Warwick Assizes on March 1799 (Ferguson vi) then imprisoned and ultimately transported for shoplifting (Robb 15), who would transform the small hand press into an industry. Once under the hand of George Howe, who had served as a printer with several London newspapers including The Times (Sydney Gazette, “Never” 2) – the printing press was put to much more regular use. In these very humble circumstances, Australia’s great media tradition was born. Howe, as the Government Printer, transformed the press from a device dedicated to ephemera as well as various administrative matters into a crucial piece of equipment that produced the new colony’s first newspaper. Logistical Challenges Governor King, in the year following the appearance of the Standing Orders, authorised the publishing of Australia’s first newspaper, The Sydney Gazette and New South Wales Advertiser. The publication history of The Sydney Gazette, in a reflection of some of the challenges faced by the printer, is erratic. First published on a Saturday from 5 March 1803, it quickly changed to a Sunday paper from 10 April 1803. Interestingly, Sunday “was not an approved day for the publication of newspapers, and although some English publishers had been doing so since about 1789, Sunday papers were generally frowned upon” (Robb 58). Yet, as argued by Howe a Sunday print run allowed for the inclusion of “the whole of the Ship News, and other Incidental Matter, for the preceeding week” (Sydney Gazette, “To the Public” 1).The Sydney Gazette and New South Wales Advertiser Vol. 1, No. 1, 5 March 1803 (Front Page)Call Number DL F8/50, Digital ID a345001, State Library of New South WalesPublished weekly until 1825, then bi-weekly until 1827 before coming out tri-weekly until 20 October 1842 (Holden 14) there were some notable pauses in production. These included one in 1807 (Issue 214, 19 April-Issue 215, 7 June) and one in 1808-1809 (Issue 227, 30 August-Issue 228, 15 May) due to a lack of paper, with the latter pause coinciding with the Rum Rebellion and the end of William Bligh’s term as Governor of New South Wales (see: Karskens 186-88; Mundle 323-37). There was, too, a brief attempt at publishing as a daily from 1 January 1827 which lasted only until 10 February of that year when the title began to appear tri-weekly (Kirkpatrick online; Holden 14). There would be other pauses, including one of two weeks, shortly before the final issue was produced on 20 October 1842. There were many problems that beset The Sydney Gazette with paper shortages being especially challenging. Howe regularly advertised for: “any quantity” of Spanish paper (e.g.: Sydney Gazette, “Wanted to Purchase” 4) and needing to be satisfied “with a variety of size and colour” (P.M. Jones 39). In addition, the procurement of ink was so difficult in the colony, that Howe often resorted to making his own out of “charcoal, gum and shark oil” (P.M. Jones 39).The work itself was physically demanding and papers printed during this period, by hand, required a great deal of effort with approximately “250 sheets per hour … [the maximum] produced by a printer and his assistant” (Robb 8). The printing press itself was inadequate and the subject of occasional repairs (Sydney Gazette, “We Have” 2). Type was also a difficulty. As Gwenda Robb explains, traditionally six sets of an alphabet were supplied to a printer with extras for ‘a’, ‘e’, ‘r’ and ‘t’ as well as ‘s’. Without ample type Howe was required to improvise as can be seen in using a double ‘v’ to create a ‘w’ and an inverted ‘V’ to represent a capital ‘A’ (50, 106). These quirky work arounds, combined with the use of the long-form ‘s’ (‘∫’) for almost a full decade, can make The Sydney Gazette a difficult publication for modern readers to consume. Howe also “carried the financial burden” of the paper, dependent, as were London papers of the late eighteenth century, on advertising (Robb 68, 8). Howe also relied upon subscriptions for survival, with the collection of payments often difficult as seen in some subscribers being two years, or more, in arrears (e.g.: Sydney Gazette, “Sydney Gazette” 1; Ferguson viii; P.M. Jones 38). Governor Lachlan Macquarie granted Howe an annual salary, in 1811, of £60 (Byrnes 557-559) offering some relief, and stability, for the beleaguered printer.Gubernatorial Supervision Governor King wrote to Lord Hobart (then Secretary of State for War and the Colonies), on 9 May 1803: it being desirable that the settlers and inhabitants at large should be benefitted by useful information being dispersed among them, I considered that a weekly publication would greatly facilitate that design, for which purpose I gave permission to an ingenious man, who manages the Government printing press, to collect materials weekly, which, being inspected by an officer, is published in the form of a weekly newspaper, copies of which, as far as they have been published, I have the honor to enclose. (85)In the same letter, King wrote: “to the list of wants I have added a new fount of letters which may be procured for eight or ten pounds, sufficient for our purpose, if approved of” (85). King’s motivations were not purely altruistic. The population of the colony was growing in Sydney Cove and in the outlying districts, thus: “there was an increasing administrative need for information to be disseminated in a more accessible form than the printed handbills of government orders” (Robb 49). There was, however, a need for the administration to maintain control and the words “Published By Authority”, appearing on the paper’s masthead, were a constant reminder to the printer that The Sydney Gazette was “under the censorship of the Secretary to the Governor, who examined all proofs” (Ferguson viii). The high level of supervision, worked in concert with the logistical difficulties described above, ensured the newspaper was a source of great strain and stress. All for the meagre reward of “6d per copy” (Ferguson viii). This does not diminish Howe’s achievement in establishing a newspaper, an accomplishment outlined, with some pride, in an address printed on the first page of the first issue:innumerable as the Obstacles were which threatened to oppose our Undertaking, yet we are happy to affirm that they were not insurmountable, however difficult the task before us.The utility of a PAPER in the COLONY, as it must open a source of solid information, will, we hope, be universally felt and acknowledged. (Sydney Gazette, “Address” 1)Howe carefully kept his word and he “wrote nothing like a signature editorial column, nor did he venture his personal opinions, conscious always of the powers of colonial officials” (Robb 72). An approach to reportage he passed to his eldest son and long-term assistant, Robert (1795-1829), who later claimed The Sydney Gazette “reconciled in one sheet the merits of the London Gazette in upholding the Government and the London Times in defending the people” (Walker 10). The censorship imposed on The Sydney Gazette, by the Governor, was lifted in 1824 (P.M. Jones 40), when the Australian was first published without permission: Governor Thomas Brisbane did not intervene in the new enterprise. The appearance of unauthorised competition allowed Robert Howe to lobby for the removal of all censorship restrictions on The Sydney Gazette, though he was careful to cite “greater dispatch and earlier publication, not greater freedom of expression, as the expected benefit” (Walker 6). The sudden freedom was celebrated, and still appreciated many years after it was given:the Freedom of the Press has now been in existence amongst us on the verge of four years. In October 1824, we addressed a letter to the Colonial Government, fervently entreating that those shackles, under which the Press had long laboured, might be removed. Our prayer was attended to, and the Sydney Gazette, feeling itself suddenly introduced to a new state of existence, demonstrated to the Colonists the capabilities that ever must flow from the spontaneous exertions of Constitutional Liberty. (Sydney Gazette, “Freedom” 2)Early Readerships From the outset, George Howe presented a professional publication. The Sydney Gazette was formatted into three columns with the front page displaying a formal masthead featuring a scene of Sydney and the motto “Thus We Hope to Prosper”. Gwenda Robb argues the woodcut, the first produced in the colony, was carved by John W. Lewin who “had plenty of engraving skills” and had “returned to Sydney [from a voyage to Tahiti] in December 1802” (51) while Roger Butler has suggested that “circumstances point to John Austin who arrived in Sydney in 1800” as being the engraver (91). The printed text was as vital as the visual supports and every effort was made to present full accounts of colonial activities. “As well as shipping and court news, there were agricultural reports, religious homilies, literary extracts and even original poetry written by Howe himself” (Blair 450). These items, of course, sitting alongside key Government communications including General Orders and Proclamations.Howe’s language has been referred to as “florid” (Robb 52), “authoritative and yet filled with deference for all authority, pompous in a stiff, affected eighteenth century fashion” (Green 10) and so “some of Howe’s readers found the Sydney Gazette rather dull” (Blair 450). Regardless of any feelings towards authorial style, circulation – without an alternative – steadily increased with the first print run in 1802 being around 100 copies but by “the early 1820s, the newspaper’s production had grown to 300 or 400 copies” (Blair 450).In a reflection of the increasing sophistication of the Sydney-based reader, George Howe, and Robert Howe, would also publish some significant, stand-alone, texts. These included several firsts: the first natural history book printed in the colony, Birds of New South Wales with their Natural History (1813) by John W. Lewin (praised as a text “printed with an elegant and classical simplicity which makes it the highest typographical achievement of George Howe” [Wantrup 278]); the first collection of poetry published in the colony First Fruits of Australian Poetry (1819) by Barron Field; the first collection of poetry written by a Australian-born author, Wild Notes from the Lyre of a Native Minstrel (1826) by Charles Tompson; and the first children’s book A Mother’s Offering to Her Children: By a Lady, Long Resident in New South Wales (1841) by Charlotte Barton. The small concern also published mundane items such as almanacs and receipt books for the Bank of New South Wales (Robb 63, 72). All against the backdrop of printing a newspaper.New Voices The Sydney Gazette was Australia’s first newspaper and, critically for Howe, the only newspaper for over two decades. (A second paper appeared in 1810 but the Derwent Star and Van Diemen’s Land Intelligencer, which only managed twelve issues, presented no threat to The Sydney Gazette.) No genuine, local rival entered the field until 1824, when the Australian was founded by barristers William Charles Wentworth and Robert Wardell. The Monitor debuted in 1826, followed the Sydney Herald in 1831 and the Colonist in 1835 (P.M. Jones 38). It was the second title, the Australian, with a policy that asserted articles to be: “Independent, yet consistent – free, yet not licentious – equally unmoved by favours and by fear” (Walker 6), radically changed the newspaper landscape. The new paper made “a strong point of its independence from government control” triggering a period in which colonial newspapers “became enmeshed with local politics” (Blair 451). This new age of opinion reflected how fast the colony was evolving from an antipodean gaol into a complex society. Also, two papers, without censorship restrictions, without registration, stamp duties or advertisement duties meant, as pointed out by R.B. Walker, that “in point of law the Press in the remote gaol of exile was now freer than in the country of origin” (6). An outcome George Howe could not have predicted as he made the long journey, as a convict, to New South Wales. Of the early competitors, the only one that survives is the Sydney Herald (The Sydney Morning Herald from 1842), which – founded by immigrants Alfred Stephens, Frederick Stokes and William McGarvie – claims the title of Australia’s oldest continuously published newspaper (Isaacs and Kirkpatrick 4-5). That such a small population, with so many pressing issues, factions and political machinations, could support a first newspaper, then competitors, is a testament to the high regard, with which newspaper reportage was held. Another intruder would be The Government Gazette. Containing only orders and notices in the style of the London Gazette (McLeay 1), lacking any news items or private advertisements (Walker 19), it was first issued on 7 March 1832 (and continues, in an online format, today). Of course, Government orders and other notices had news value and newspaper proprietors could bid for exclusive rights to produce these notices until a new Government Printer was appointed in 1841 (Walker 20).Conclusion George Howe, an advocate of “reason and common sense” died in 1821 placing The Sydney Gazette in the hands of his son who “fostered religion” (Byrnes 557-559). Robert Howe, served as editor, experiencing firsthand the perils and stresses of publishing, until he drowned in a boating accident in Sydney Harbour, in 1829 leaving the paper to his widow Ann Howe (Blair 450-51). The newspaper would become increasingly political leading to controversy and financial instability; after more changes in ownership and in editorial responsibility, The Sydney Gazette, after almost four decades of delivering the news – as a sole voice and then as one of several alternative voices – ceased publication in 1842. During a life littered with personal tragedy, George Howe laid the foundation stone for Australia’s media empires. His efforts, in extraordinary circumstances and against all environmental indicators, serve as inspiration to newspapers editors, proprietors and readers across the country. He established the Australian press, an institution that has been described asa profession, an art, a craft, a business, a quasi-public, privately owned institution. It is full of grandeurs and faults, sublimities and pettinesses. It is courageous and timid. It is fallible. It is indispensable to the successful on-going of a free people. (Holden 15)George Howe also created an artefact of great beauty. The attributes of The Sydney Gazette are listed, in a perfunctory manner, in most discussions of the newspaper’s history. The size of the paper. The number of columns. The masthead. The changes seen across 4,503 issues. Yet, consistently overlooked, is how, as an object, the newspaper is an exquisite example of the printed word. There is a physicality to the paper that is in sharp contrast to contemporary examples of broadsides, tabloids and online publications. Concurrently fragile and robust: its translucent sheets and mottled print revealing, starkly, the problems with paper and ink; yet it survives, in several collections, over two centuries since the first issue was produced. The elegant layout, the glow of the paper, the subtle crackling sound as the pages are turned. The Sydney Gazette and New South Wales Advertiser is an astonishing example of innovation and perseverance. It provides essential insights into Australia’s colonial era. It is a metonym for making words matter. AcknowledgementsThe author offers her sincere thanks to Geoff Barker, Simon Dwyer and Peter Kirkpatrick for their comments on an early draft of this paper. The author is also grateful to Bridget Griffen-Foley for engaging in many conversations about Australian newspapers. ReferencesBlair, S.J. “Sydney Gazette and New South Wales Advertiser.” A Companion to the Australian Media. Ed. Bridget Griffen-Foley. North Melbourne: Australian Scholarly Publishing, 2014.Butler, Roger. Printed Images in Colonial Australia 1801-1901. Canberra: National Gallery of Australia, 2007.Byrnes, J.V. “Howe, George (1769–1821).” Australian Dictionary of Biography, National Centre of Biography: 1788–1850, A–H. Canberra: Australian National University, 1966. 557-559. Ferguson, J.A. “Introduction.” The Sydney Gazette and New South Wales Advertiser: A Facsimile Reproduction of Volume One, March 5, 1803 to February 26, 1804. Sydney: The Trustees of the Public Library of New South Wales in Association with Angus & Robertson, 1963. v-x. Foyster, Elizabeth. “Introduction: Newspaper Reporting of Crime and Justice.” Continuity and Change 22.1 (2007): 9-12.Goff, Victoria. “Convicts and Clerics: Their Roles in the Infancy of the Press in Sydney, 1803-1840.” Media History 4.2 (1998): 101-120.Green, H.M. “Australia’s First Newspaper.” Sydney Morning Herald, 11 Apr. 1935: 10.Holden, W. Sprague. Australia Goes to Press. Detroit: Wayne State UP, 1961. “Hughes, George (?–?).” Australian Dictionary of Biography, National Centre of Biography: 1788–1850, A–H. Canberra: Australian National University, 1966. 562. Isaacs, Victor, and Rod Kirkpatrick. Two Hundred Years of Sydney Newspapers. Richmond: Rural Press, 2003. Jones, Dorothy. “Humour and Satire (Australia).” Encyclopedia of Post-Colonial Literatures in English. 2nd ed. Eds. Eugene Benson and L.W. Conolly. London: Routledge, 2005. 690-692.Jones, Phyllis Mander. “Australia’s First Newspaper.” Meanjin 12.1 (1953): 35-46. Karskens, Grace. The Colony: A History of Early Sydney. Crows Nest: Allen & Unwin, 2010. King, Philip Gidley. “Letter to Lord Hobart, 9 May 1803.” Historical Records of Australia, Series 1, Governors’ Despatches to and from England, Volume IV, 1803-1804. Ed. Frederick Watson. Sydney: Library Committee of the Commonwealth Parliament, 1915.Kirkpatrick, Rod. Press Timeline: 1802 – 1850. Canberra: National Library of Australia, 2011. 6 Jan. 2017 <https://www.nla.gov.au/content/press-timeline-1802-1850>. McLeay, Alexander. “Government Notice.” The New South Wales Government Gazette 1 (1832): 1. Mundle, R. Bligh: Master Mariner. Sydney: Hachette, 2016.New South Wales General Standing Orders and General Orders: Selected from the General Orders Issued by Former Governors, from the 16th of February, 1791, to the 6th of September, 1800. Also, General Orders Issued by Governor King, from the 28th of September, 1800, to the 30th of September, 1802. Sydney: Government Press, 1802. Robb, Gwenda. George Howe: Australia’s First Publisher. Kew: Australian Scholarly Publishing, 2003.Spalding, D.A. Collecting Australian Books: Notes for Beginners. 1981. Mawson: D.A. Spalding, 1982. The Sydney Gazette and New South Wales Advertiser. “Address.” 5 Mar. 1803: 1.———. “To the Public.” 2 Apr. 1803: 1.———. “Wanted to Purchase.” 26 June 1803: 4.———. “We Have the Satisfaction to Inform Our Readers.” 3 Nov. 1810: 2. ———. “Sydney Gazette.” 25 Dec. 1819: 1. ———. “The Freedom of the Press.” 29 Feb. 1828: 2.———. “Never Did a More Painful Task Devolve upon a Public Writer.” 3 Feb. 1829: 2. Walker, R.B. The Newspaper Press in New South Wales, 1803-1920. Sydney: Sydney UP, 1976.Wantrup, Johnathan. Australian Rare Books: 1788-1900. Sydney: Hordern House, 1987.

In recent years a number of dramas focussing on Indigenous Australians and Australian history have appeared on the ABC, one of Australia's two public television channels. These dramas have different foci but all represent some aspects of Australian Indigenous history and how it interacts with 'mainstream' representations of Australian history. The four programs I will look at are Cleverman (Goalpost Pictures, 2016-ongoing), Glitch (Matchbox Films, 2015-ongoing), The Secret River (Ruby Entertainment, 2015) and Redfern Now (Blackfella Films, 2012), each of which engages with the past in a unique way.Clearly, different creators, working with different plots and in different genres will have different ways of representing the past. Redfern Now and Cleverman are both produced by Indigenous creators whereas the creators of The Secret River and Glitch are white Australians. Redfern Now and The Secret River are in a realist mode, whereas Glitch and Cleverman are speculative fiction. My argument proceeds on two axes: first, speculative genres allow for more creative ways of representing the past. They give more freedom for the creators to present affective representations of the historical past. Speculative genres also allow for more interesting intellectual examinations of what we consider to be history and its uncertainties. My second axis argues, because it is hard to avoid when looking at this group of texts, that Indigenous creators represent the past in different ways than non-Indigenous creators. Indigenous creators present a more elliptical vision. Non-Indigenous creators tend to address historical stories in more overt ways. It is apparent that even when dealing with the same histories and the same facts, the understanding of the past held by different groups is presented differently because it has different affective meanings.These television programs were all made in the 2010s but the roots of their interpretations go much further back, not only to the history they represent but also to the arguments about history that have raged in Australian intellectual and popular culture. Throughout most of the twentieth century, indigenous history was not discussed in Australia, until this was disturbed by WEH Stanner's reference in the Boyer lectures of 1968 to "our great Australian silence" (Clark 73). There was, through the 1970s and 80s, increased discussion of Indigenous history, and then in the 1990s there was a period of social and cultural argument known locally as the 'History Wars'. This long-running public disagreement took place in both academic and public arenas, and involved historians, other academics, politicians, journalists and social commentators on each side. One side argued that the arrival of white people in Australia led to frontier wars, massacre, attempted genocide and the ongoing oppression of Indigenous people (Reynolds). The other posited that when white people arrived they killed a few Aborigines but mostly Aboriginal people were killed by disease or failure to 'defend' their culture (Windschuttle). The first viewpoint was revisionist from the 1960s onwards and the second represented an attempt at counter-revision – to move the understanding of history back to what it was prior to the revision. The argument took place not only among historians, but was taken up by politicians with Paul Keating, prime minister 1993-1996, holding the first view and John Howard, prime minister 1996-2007, aggressively pursuing the second. The revisionist viewpoint was championed by historians such as Henry Reynolds and Lyndall Ryan and academics and Aboriginal activists such as Tony Birch and Aileen Moreton Robinson; whereas the counter-revisionists had Keith Windschuttle and Geoffrey Blainey. By and large the revisionist viewpoint has become dominant and the historical work of the counter-revisionists is highly disputed and not accepted.This argument was prominent in Australian cultural discourse throughout the 1990s and has never entirely disappeared. The TV shows I am examining were not made in the 1990s, nor were they made in the 2000s - it took nearly twenty years for responses to the argument to make the jump from politicians' speeches and opinion pieces to television drama. John Ellis argues that the role of television in popular discourse is "working through," meaning contentious issues are first raised in news reports, then they move to current affairs, then talk shows and documentaries, then sketch comedy, then drama (Ellis). Australian Indigenous history was extensively discussed in the news, current affairs and talk shows in the 1990s, documentaries appeared somewhat later, notably First Australians in 2008, but sketch comedy and drama did not happen until in 2014, when Black Comedy's programme first aired, offering sketches engaging often and fiercely with indigenous history.The existence of this public discourse in the political and academic realms was reflected in film before television. Felicity Collins argues that the "Blak Wave" of Indigenous film came to exist in the context of, and as a response to, the history wars (Collins 232). This wave of film making by Indigenous film makers included the works of Rachel Perkins, Warwick Thornton and Ivan Sen – whose films chronicled the lives of Indigenous Australians. There was also what Collins calls "back-tracking films" such as Rabbit-Proof Fence (2002) and The Tracker (2010) made by white creators that presented arguments from the history wars for general audiences. Collins argues that both the "blak wave" and the "back track" created an alternative cultural sphere where past injustices are acknowledged. She says: "the films of the Blak Wave… cut across the history wars by turning an Indigenous gaze on the colonial past and its afterlife in the present" (Collins 232). This group of films sees Indigenous gazes relate the past and present whereas the white gaze represents specific history. In this article I examine a similar group of representations in television programs.History is not an innocent discourse. In western culture 'history' describes a certain way of looking at the past that was codified in the 19th century (Lloyd 375). It is however not the only way to look at the past, theorist Mark Day has described it as a type of relation with the past and argues that other understandings of the past such as popular memory and mythology are also available (Day). The codification of history in the 19th century involved an increased reliance on documentary evidence, a claim to objectivity, a focus on causation and, often though not always, a focus on national, political history. This sort of history became the academic understanding of history – which claims to be, if not objective, at least capable of disinterest; which bases its arguments on facts and which can establish its facts through reference to documentary records (Froeyman 219). Aileen Moreton-Robinson would call this "white patriarchal knowledge" that seeks to place the indigenous within its own type of knowledge production ("The White Man's Burden" 414). The western version of history tends to focus on causation and to present the past as a coherent narrative leading to the current point in time. This is not an undisputed conception of history in the western academy but it is common and often dominant.Post-colonialist analyses of history argue that western writing about non-western subjects is biased and forces non-westerners into categories used to oppress them (Anderson 44). These categories exist ahistorically and deny non-westerners the ability to act because if history cannot be perceived then it is difficult to see the future. That is to say, because non-western subjects in the past are not seen as historical actors, as people whose actions effected the future, then, in the present, they are unable to access to powerful arguments from history. Historians' usual methodology casts Indigenous people as the 'subjects' of history which is about them, not by them or for them (Tuhiwai Smith 7, 30-32, 144-5). Aboriginal people are characterised as prehistoric, ancient, timeless and dying (Birch 150). This way of thinking about Indigenous Australia removes all agency from Aboriginal actors and restoring agency has been a goal of Aboriginal activists and historians. Aileen Moreton Robinson discusses how Aboriginal resistance is embodied through "oral history (and) social memory," engaging with how Aboriginal actors represent themselves and are represented in relation to the past and historical settings is an important act ("Introduction" 127).Redfern Now and Cleverman were produced through the ABC's Indigenous Department and made by Indigenous filmmakers, whereas Glitch and The Secret River are from the ABC drama department and were made by white Australians. The different programs also have different generic backgrounds. Redfern Now and The Secret River are different forms of realist texts; social realism and historical realism. Cleverman and Glitch, however, are speculative fiction texts that can be argued to be in the mode of magical realism, they "denaturalise the real and naturalise the marvellous" they are also closely tied ideas of retelling colonial stories and "resignify(ing) colonial territories and pasts" (Siskind 834-5).Redfern Now was produced by Blackfella Films for the ABC. It was, with much fanfare, released as the first drama made for television, by Aboriginal people and about Aboriginal people (Blundell). The central concerns of the program are issues in the present, its plots and settings are entirely contemporary. In this way it circumvents the idea and standard representation of Indigenous Australians as ancient and timeless. It places the characters in the program very much in the present.However, one episode "Stand Up" does obliquely engage with historical concerns. In this episode a young boy, Joel Shields, gets a scholarship to an expensive private school. When he attends his first school assembly he does not sing the national anthem with the other students. This leads to a dispute with the school that forms the episode's plot. As punishment for not singing Joel is set an assignment to research the anthem, which he does and he finds the song off-putting – with the words 'boundless plains to share' particularly disconcerting. His father supports him saying "it's not our song" and compares Joel singing it to a "whitefella doing a corrobboree". The national anthem stands metaphorically for the white hegemony in Australia.The school itself is also a metaphor for hegemony. The camerawork lingers on the architecture which is intended to imply historical strength and imperviousness to challenge or change. The school stands for all the force of history white Australia can bring to bear, but in Australia, all architecture of this type is a lie, or at least an exaggeration – the school cannot be more than 200 years old and is probably much more recent.Many of the things the program says about history are conveyed in half sentences or single glances. Arguably this is because of its aesthetic mode – social realism – that prides itself on its mimicry of everyday life and in everyday life people are unlikely to set out arguments in organised dot-point form. At one point the English teacher quotes Orwell, "those who control the past control the future", which seems overt but it is stated off-screen as Joel walks into the room. This seeming aside is a statement about history and directly recalls central arguments of the history wars, which make strong political arguments about the effects of the past, and perceptions of the past, on the present and future. Despite its subtlety, this story takes place within the context of the history wars: it is about who controls the past. The subtlety of the discussion of history allows the film makers the freedom to comment on the content and effects of history and the history wars without appearing didactic. They discuss the how history has effected the present history without having to make explicit historical causes.The other recent television drama in the realist tradition is The Secret River. This was an adaptation of a novel by Kate Grenville. It deals with Aboriginal history from the perspective of white people, in this way it differs from Redfern Now which discusses the issues from the perspective of Aboriginal people. The plot concerns a man transported to Australia as a convict in the early 19th century. The man is later freed and, with his family, attempts to move to the Hawksbury river region. The land they try to settle is, of course, already in use by Aboriginal people. The show sets up the definitional conflict between the idea of settler and invader and suggests the difference between the two is a matter of perspective. Of the shows I am examining, it is the most direct in its representation of historical massacre and brutality. It represents what Felicity Collins described as a back-tracking text recapitulating the colonial past in the light of recovered knowledge. However, from an Indigenous perspective it is another settler tale implying Aboriginal people were wiped out at the time of colonisation (Godwin).The Secret River is told entirely from the perspective of the invaders. Even as it portrays their actions as wrong, it also suggests they were unavoidable or inevitable. Therefore it does what many western histories of Indigenous people do – it classifies and categorises. It sets limits on interpretation. It is also limited by its genre, as a straightforward historical drama and an adaptation, it can only tell its story in a certain way. The television series, like the book before it, prides itself on its 'accurate' rendition of an historical story. However, because it comes from such a very narrow perspective it falls into the trap of categorising histories that might have usefully been allowed to develop further.The program is based on a novel that attracted controversy of its own. It became part of ongoing historiographical debate about the relationship between fiction and history. The book's author Kate Grenville claimed to have written a kind of affectively accurate history that actual history can never convey because the emotions of the past are hidden from the present. The book was critiqued by historians including Inge Clendinnen, who argued that many of the claims made about its historical accuracy were largely overblown (Clendinnen). The book is not the same as the TV program, but the same limitations identified by Clendinnen are present in the television text. However, I would not agree with Clendinnen that formal history is any better. I argue that the limitation of both these mimetic genres can be escaped in speculative fiction.In Glitch, Yurana, a small town in rural Victoria becomes, for no apparent reason, the site of seven people rising from the dead. Each person is from a different historical period. None are Indigenous. They are not zombies but simply people who used to be dead. One of the first characters to appear in the series is an Aboriginal teenager, Beau, we see from his point of view the characters crawling from their graves. He becomes friendly with one of the risen characters, Patrick Fitzgerald, who had been the town's first mayor. At first Fitzgerald's story seems to be one of working class man made good in colonial Australia - a standard story of Australian myth and historiography. However, it emerges that Fitzgerald was in love with an Aboriginal woman called Kalinda and Beau is his descendant. Fitzgerald, once he becomes aware of how he has been remembered by history, decides to revise the history of the town – he wants to reclaim his property from his white descendants and give it to his Indigenous descendants. Over the course of the six episodes Fitzgerald moves from being represented as a violent, racist boor who had inexplicably become the town's mayor, to being a romantic whose racism was mostly a matter of vocabulary. Beau is important to the plot and he is a sympathetic character but he is not central and he is a child. Indigenous people in the past have no voice in this story – when flashbacks are shown they are silent, and in the present their voices are present but not privileged or central to the plot.The program demonstrates a profoundly metaphorical relationship with the past – the past has literally come to life bringing with it surprising buried histories. The program represents some dominant themes in Australian historiography – other formerly dead characters include a convict-turned-bush-ranger, a soldier who was at Gallipoli, two Italian migrants and a girl who died as a result of sexual violence – but it does not engage directly with Indigenous history. Indigenous people's stories are told only in relation to the stories of white people. The text's magical realism allows a less prescriptive relationship with the past than in The Secret River but it is still restricted in its point of view and allows only limited agency to Aboriginal actors.The text's magical realism allows for a thought-provoking representation of relationships with the past. The town of Yurana is represented as a place deeply committed to the representation and glorification of its past. Its main street contains statues of its white founders and war memorials, one of its main social institutions is the RSL, its library preserves relics of the past and its publican is a war history buff. All these indicate that the past is central to the town's identity. The risen dead however dispute and revise almost every aspect of this past. Even the history that is unmentioned in the town's apparent official discourse, such as the WWII internment camp and the history of crimes, is disputed by the different stories of the past that the risen dead have to tell. This indicates the uncertainty of the past, even when it seems literally set in stone it can still be revised. Nonetheless the history of Indigenous people is only revised in ways that re-engage with white history.Cleverman is a magical realist text profoundly based in allegory. The story concerns the emergence into a near future society of a group of people known as the "Hairies." It is never made clear where they came from or why but it seems they appeared recently and are unable to return. They are an allegory for refugees. Hairypeople are part of many Indigenous Australian stories, the show's creator, Ryan Griffen, stated that "there are different hairy stories throughout Australia and they differ in each country. You have some who are a tall, some are short, some are aggressive, some are friendly. We got to sort of pick which ones will fit for us and create the Hairies for our show" (Bizzaca).The Hairies are forced to live in an area called the Zone, which, prior to the arrival of the Hairy people, was a place where Aboriginal people lived. This place might be seen as a metaphor for Redfern but it is also an allegory for Australia's history of displacing Aboriginal people and moving and restricting them to missions and reserves. The Zone is becoming increasingly securitised and is also operating as a metaphor for Australia's immigration detention centres. The prison the Hairy characters, Djukura and Bunduu, are confined to is yet another metaphor, this time for both the over-representation of Aboriginal people in prison and the securitisation of immigration detention. These multiple allegorical movements place Australia's present refugee policies and historical treatment of Aboriginal people within the same lens. They also place the present, the past and the future within the same narrative space.Most of the cast is Aboriginal and much of the character interaction is between Aboriginal people and Hairies, with both groups played by Indigenous actors. The disadvantages suffered by Indigenous people are part of the story and clearly presented as affecting the behaviour of characters but within the story Aboriginal people are more advantaged than Hairies, as they have systems, relationships and structures that Hairy people lack. The fact that so much of the interaction in the story is between Indigenous people and Hairies is important: it can be seen to be an interaction between Aboriginal people and Aboriginal mythology or between Indigenous past and present. It demonstrates Aboriginal identities being created in relation to other Aboriginal identities and not in relation to white people, where in this narrative, Aboriginal people have an identity other than that allowed for in colonialist terms.Cleverman does not really engage with the history of white invasion. The character who speaks most about this part of Aboriginal history and whose stated understanding of himself is based on that identity is Waruu. But Waruu is also a villain whose self-identity is also presented as jealous and dishonest. However, despite only passing mentions of westernised history the show is deeply concerned with a relationship with the past. The program engages with Aboriginal traditions about the past that have nothing to do with white history. It presents a much longer view of history than that of white Australia. It engages with the Aboriginal tradition of the Cleverman - demonstrated in the character of Uncle Jimmy who passes a nulla nulla (knob-headed hardwood club), as a symbol of the past, to his nephew Koen and tells him he is the new Cleverman. Cleverman demonstrates a discussion of Australian history with the potential to ignore white people. It doesn't ignore them, it doesn't ignore the invasion but it presents the possibility that it could be ignored.There is a danger in this sort of representation of the past that Aboriginal people could be relegated to the type of ahistorical, metahistorical myths that comprise colonialist history's representation of Indigenous people (Birch). But Cleverman's magical realist, near future setting tends to undermine this. It grounds representation in history through text and metaphor and then expands the definition.The four programs have different relationships with the past but all of them engage with it. The programs are both restrained and freed by the genres they operate in. It is much easier to escape the bounds of formal history in the genre of magical realism and both Glitch and Cleverman do this but have significantly different ways of dealing with history. "Stand up" and The Secret River both operate within more formally realist structures. The Secret River gives us an emotional reading of the past and a very affective one. However, it cuts off avenues of interpretation by presenting a seemingly inevitable tragedy. Through use of metaphor and silence "Stand up" presents a much more productive relationship with the past – seeing it as an ongoing argument rather than a settled one. Glitch engages with the past as a topic that is not settled and that can therefore be changed whereas Cleverman expands our definition of past and understanding of the past through allegory.It is possible to draw further connections. Those stories created by Indigenous people do not engage with the specifics of traditional dominant Australian historiography. However, they work with the assumption that everyone already knows this historiography. They do not re-present the pain of the past, instead they deal with it in oblique terms with allegory. Whereas the programs made by non-Indigenous Australians are much more overt in their representation of the sins of the past, they overtly engage with the History Wars in specific historical arenas in which those wars were fought. The non-Indigenous shows align themselves with the revisionist view of history but they do so in a very different way than the Indigenous shows.ReferencesAnderson, Ian. 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