Browsing by Author "Burton, Sarah"

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Open Access
Orientalism In The Law: Australia And New Zealand’s Approach To Chinese Immigration
(Te Herenga Waka—Victoria University of Wellington, 2022) Burton, Sarah
Chinese people in Australia and New Zealand have been subject to a number of legislative instruments aimed at restricting their immigration, beginning almost as soon as they entered Australasia in the mid-1800s. The measures employed show substantial parallels across both jurisdictions. While it may be tempting to dismiss these measures as being emblematic of a racist past, critical analysis of the attitudes of past legislators is able to forewarn society of any resurgences of discriminatory legislation. This paper seeks to analyse the reasoning given by politicians to justify the implementation of anti-Chinese legislation under the lens of Edward Said’s orientalism. It argues that the reasoning demonstrates each of Said’s four dogmas of orientalism, successfully characterising the Chinese as ‘other’ and thus is inherently orientalist in nature. Although looking to similar jurisdictions can provide helpful insight into legislative solutions for policy problems, this paper finds that such comparison is not to be substituted for one’s own critical analysis. The traces of orientalism appearing in modern political campaigns and in public opinion in Australia and New Zealand suggest that while orientalism has not yet returned to legislation, it would be prudent for both legislatures to bear in mind the risk of orientalism when developing new immigration policy.
Open Access
Tackling Culture and Disobedience: How the 1981 Springbok Tour Can Shape a Model of Civil Disobedience for Aotearoa New Zealand
(Te Herenga Waka—Victoria University of Wellington, 2023) Burton, Sarah; Colón-Ríos, Joel
How civil disobedience should be defined is a heavily contested subject, with many theorists having offered various definitions. Civil disobedience, however, is often seen as an American concept. While most definitions are presented as being universal, it seems improbable that definitions imbued by American culture will be appropriate to apply to other states. This paper therefore seeks to propose an alternative model of civil disobedience, specifically tailored to Aotearoa New Zealand. Examining Aotearoa's commitment to democracy, the paper argues that the model should be loosely based on radical democratic theory. However, it also argues that the model should incorporate learnings of real-world civil disobedience. The case study of the 1981 Springbok Tour means that an Aotearoa model of civil disobedience should allow for violence in select situations, take a somewhat feminist approach to the publicity and illegality requirements, allow for Māori understandings of resistance and the presence of multiple motivations. While future analyses of civil disobedience in Aotearoa should necessarily continue to develop this definition, the model provides a first taste of Kiwi civil disobedience.