Terra Nullius and the Possessive Logic of Patriarchal Whiteness: Race and Law Matters

Abstract

This chapter argues that terra nullius is manifested in the possessive logic of patriarchal whiteness, which shapes the formation of white sovereignty through social and legal processes that continue to dispossess Indigenous people. The most important symbol of national identity has been the white heterosexual male who is venerated as the explorer and pioneer who faced adversity taming the environment. The Australian definition of 'white' was expanded to include a variety of Eastern and Central European refugee groups by 1949. In response to the amendments, the Indigenous working group, the foundation for Aboriginal and Islander research action and Australians for native title and reconciliation began lobbying and provided submissions to the United Nations committee on the elimination of all forms of racial discrimination. The High Court judges used their evidence to argue that the Yorta Yorta no longer existed.