Witnessing Whiteness: Law and Narrative Knowledge

Luker, T

Witnessing Whiteness: Law and Narrative Knowledge

Luker, T

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Publisher:: The Australian Critical Race and Whiteness Studies Association (ACRAWSA)
Publication Type:: Journal Article
Citation:: Australian Critical Race and Whiteness Studies, 2008, 4 (2), pp. 1 - 14
Issue Date:: 2008-01

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Field	Value	Language
dc.contributor.author	Luker, T https://orcid.org/0000-0003-2063-4791	en_US
dc.date.issued	2008-01	en_US
dc.identifier.citation	Australian Critical Race and Whiteness Studies, 2008, 4 (2), pp. 1 - 14	en_US
dc.identifier.issn	1832-3898	en_US
dc.identifier.uri	http://hdl.handle.net/10453/29082
dc.description.abstract	In this article, I interrogate the reception of testimonial evidence given by Lorna Cubillo in the trial of Cubillo v Commonwealth (2000) ('Cubillo'), the landmark action taken by members of the Stolen Generations. Drawing on Lyotard's account of the distinction between narrative knowledge and scientific knowledge, I argue that while law makes its claim to legitimacy through demonstrable proof, it must ultimately seek an appeal to narrative forms of knowledge. The relationship between law and narrative is key to a critical reading of the Cubillo decision, which provides an important site for an analysis of the function of whiteness in the treatment of evidence in Anglo- Australian law. I argue that through reliance on legal positivism as the method of judicial interpretation, the decision privileges forms of 'scientific' knowledge which most readily support dominant paradigms of historical truth. At the same time, the significance of 'narrative' knowledge to the arguments presented in the case, particularly that which does not support notions of white cultural memory, is discredited.	en_US
dc.publisher	The Australian Critical Race and Whiteness Studies Association (ACRAWSA)	en_US
dc.relation.ispartof	Australian Critical Race and Whiteness Studies	en_US
dc.title	Witnessing Whiteness: Law and Narrative Knowledge	en_US
dc.type	Journal Article
utslib.citation.volume	2	en_US
utslib.citation.volume	4	en_US
utslib.for	1801 Law	en_US
utslib.for	1699 Other Studies in Human Society	en_US
utslib.for	2002 Cultural Studies	en_US
utslib.for	2103 Historical Studies	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	closed_access
pubs.consider-herdc	false	en_US
pubs.issue	2	en_US
pubs.volume	4	en_US

Abstract:

In this article, I interrogate the reception of testimonial evidence given by Lorna Cubillo in the trial of Cubillo v Commonwealth (2000) ('Cubillo'), the landmark action taken by members of the Stolen Generations. Drawing on Lyotard's account of the distinction between narrative knowledge and scientific knowledge, I argue that while law makes its claim to legitimacy through demonstrable proof, it must ultimately seek an appeal to narrative forms of knowledge. The relationship between law and narrative is key to a critical reading of the Cubillo decision, which provides an important site for an analysis of the function of whiteness in the treatment of evidence in Anglo- Australian law. I argue that through reliance on legal positivism as the method of judicial interpretation, the decision privileges forms of 'scientific' knowledge which most readily support dominant paradigms of historical truth. At the same time, the significance of 'narrative' knowledge to the arguments presented in the case, particularly that which does not support notions of white cultural memory, is discredited.

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http://hdl.handle.net/10453/29082