Shame, Pain and Melancholia for the Australian Constitution

  • Juliet B. Rogers
Part of the Studies in the Psychosocial book series (STIP)


In 1993, discussion began about the changing of Australia’s Constitution to reflect the existence of Indigenous people. The discussion collapsed with the ‘no’ vote in the referendum on the possible move to a republic. In 2011, an expert panel of Indigenous and non-indigenous scholars sat and recommended change for 2013. As I write, I am ashamed.

In 2015, Indigenous leaders wrote to the prime minister to say they wanted to advise on the terms of that change. Then Prime Minister Tony Abbot refused the existence of a ‘black process’. At the same time, celebrated Indigenous footballer Adam Goodes was being publically admonished for performing a ‘traditional dance’ on the football field. Adam Goodes, it was said, was behaving like a black man. In line with Freud’s discussion of shame as the exposure of genitals, I suggest, something cannot be seen in non-indigenous Australia, something for which the large part of the nation feels ashamed and something for which another part of Australia is dying.

This chapter is concerned with the non-act of re-writing the Australian Constitution to reflect the existence of Indigenous people as Indigenous people, that is, in the mode that they demand through the ‘black process’. I ask what is it that cannot be exposed in the contemporary nation called Australia? And what are the stakes of this exposure? The chapter will briefly map the process toward constitutional change in Australia, and examine the many sites of exposure that appeared in this process. The chapter will then consider whether Jacques Lacan is right in suggesting that one ‘never died of shame’, when in fact there is a great deal of death being produced in the efforts not to expose that which is shameful in non-indigenous Australia.


  1. Ahmed, S. (2004). The Cultural Politics of Emotion. Edinburgh: Edinburgh University Press.Google Scholar
  2. Ahmed, S. (2008). The Politics of Good Feeling. ACRAWSA e-Journal, 1, 1–18.Google Scholar
  3. Anderson, B. (1983). Imagined Communities: Reflections on the Origin and Spread of Nationalism. London: Verso.Google Scholar
  4. Barnard-Naude, J. (2017). The Anxiety Provoked by the Double. Law and Critique, in press.Google Scholar
  5. Black, C. (2011). The Land Is the Source of the Law: A Dialogic Encounter with Indigenous Jurisprudence. London: Routledge, Cavendish.Google Scholar
  6. Bourke, J. (2014). The Story of Pain; From Prayer to Painkillers. Oxford: Oxford University Press.Google Scholar
  7. Brennan, S. J. (1995). One Land, One Nation. St. Lucia: University of Queensland Press.Google Scholar
  8. Daley, P. Black Diggers Are Hailed on Anzac Day. But the Indigenous ‘Great War’ Was in Australia., 22 April 2017.
  9. Dorsett, S., & McVeigh, S. (2002). The Law Which Governs Australia Is Australian Law. Law and Critique, 13(3), 289–309.CrossRefGoogle Scholar
  10. Dorsett, S., & McVeigh, S. (2012). Jurisdiction. London: Routledge.Google Scholar
  11. Freud, S. (1914). On Narcissism: An Introduction. In Standard Edition Vol. XIV (1914–1916): On the History of the Psycho-Analytic Movement, Papers on Metapsychology and Other Works. Trans. J. Strachey. Vintage 2001, Great Britain.Google Scholar
  12. Freud, S. (1917 [1915]). Mourning and Melancholia. In Standard Edition Vol. XIV (1914–1916): On the History of the Psycho-Analytic Movement, Papers on Metapsychology and Other Works. Trans. J. Strachey. Vintage 2001, Great Britain.Google Scholar
  13. Gaita, R. (2000). A Common Humanity: Thinking About Love and Truth and Justice (2nd ed.). London and New York: Routledge. First Published 1998.Google Scholar
  14. Gaita, R. (2004). Good and Evil: An Absolute Conception (2nd ed.). London: Routledge.Google Scholar
  15. Graham, C. (2016). Recognise Rejected: Historic Meeting of 500 Black Leaders Unanimously Opposes Constitutional Recognition. New Mathilda, 8 February.Google Scholar
  16. Grant, S. (2015). How Can I Feel Australian When This Country Has Told Me I Don’t Belong? The Guardian, 21 October.Google Scholar
  17. Hage, G. (1998). White Nation: Fantasies of White Supremacy in a Multicultural Society. NSW: Pluto Press.Google Scholar
  18. Karp, P. (2017). Malcolm Turnbull to Add Hurdles for ‘Privilege’ of Australian Citizenship., Weds 19 April.
  19. Lacan, J. (2006). Ecrits: The First Complete Edition in English. Trans. B. Fink. New York: W.W. Norton & Company.Google Scholar
  20. Lacan, J. (2007). The Other Side of Psychoanalysis: The Seminar of Jacques Lacan, Book XVII. Trans. R. Grigg. London: W.W. Norton & Company.Google Scholar
  21. Miller, J.-A. (2006). On Shame. In J. Clemens & R. Grigg (Eds.), Jacques Lacan and the Other Side of Psychoanalysis. Durham and London: Duke University Press.Google Scholar
  22. Muldoon, P. (2017). A Reconciliation Most Desirable. International Political Science Review, 38(2), 213–227.CrossRefGoogle Scholar
  23. Orford, A. (2004). The Destiny of International Law. Leiden Journal of International Law, 17, 441–476.CrossRefGoogle Scholar
  24. Pascoe, B. (2014). Dark Emu: Black Seeds Agriculture or Accident. Broome, WA: Magabala Books.Google Scholar
  25. Patton, P. (2000). The Translation of Indigenous Land into Property: The Mere Analogy of English Jurisprudence…. Parallax, 6(1), 25–38.CrossRefGoogle Scholar
  26. Probyn, E. (2010). Writing Shame. In M. Gregg & G. J. Siegworth (Eds.), The Affect Theory Reader (pp. 71–90). Durham and London: Duke University Press.Google Scholar
  27. Reynolds, H. (1972). Aborigines and Settlers: The Australian Experience 1788–1939. Sydney, Australia: Cassell.Google Scholar
  28. Robinson, N. (2015). Recognition: Patrick Dodson and Noel Pearson Unite for a Cause. The Austraian, 18 July.Google Scholar
  29. Rogers, J. (2017). Is Psychoanalysis Universal? Politics, Desire and Law in 768 Colonial Contexts. Journal of Political Psychology, 38(4), 685–700.CrossRefGoogle Scholar
  30. Rowse, T. (1993). After Mabo: Interpreting Indigenous Traditions. Melbourne: Melbourne University Press.Google Scholar
  31. Rush, P. (1997). Deathbound Doctrine: Scenes of Murder and Its Inheritance. Studies in Law, Politics and Society, 16, 71–100.Google Scholar
  32. Watson, I. (2014). Aboriginal Peoples, Colonialism and International Law: Raw Law. London: Routledge Glasshouse.Google Scholar
  33. Wolfe, P. (2014). Traces of History: Elementary Structures of Race. New York: Verso.Google Scholar

Legislations and Reports

  1. Bringing Them Home. (1997). Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families, Commonwealth of Australia.Google Scholar
  2. Mabo and Others v. Queensland (No. 2). (1992). 175 CLR 1.Google Scholar

Copyright information

© The Author(s) 2017

Authors and Affiliations

  • Juliet B. Rogers
    • 1
  1. 1.School of Political SciencesUniversity of MelbourneParkvilleAustralia

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