upton-on-line
1st July 2004
Special Issue on
Nation-Building
In this edition
Judge Eddie Durie’s recent comments provide the basis for an
exploration of Ernest Renan’s “What is a Nation?”
(1882) and, in turn, some reflections on what sort of basis New
Zealanders might want to live together; in a guest column, Bernard
Cadogan explores just what sort of nation nineteenth century Britons
thought they were creating and adds his own understanding of Judge
Durie’s comments.
What is a nation?
Upton-on-line’s eye was caught recently by a NZ Herald article
in which High Court Judge Eddie Durie was reported as saying that
the Government should be obliged to deal with tribal communities as it
would “with other nation states”.
What sort of nation state could His Honour have been thinking of?
This troubling question lay unanswered until a fresh lead was provided
by Le Figaro in one of the articles it has been commissioning
under the title “What does it mean to be French today?” (For a
nation acutely and self-consciously aware of its cultural
exceptionalism, the French seem strangely pre-occupied with reassuring
themselves on this point, but that’s another story…)
The contributor in question chose to cite an essay by a celebrated
19th century French philosopher and historian, Ernest Renan who,
apparently untroubled by his Frenchness, chose as his title the more
expansive question, “What is a Nation?” Written in 1882, this
brief essay has much to say that is relevant to Europe’s current
struggle to bed down a constitution and New Zealand’s current
constitutional disorientation. (The French version can be found at: http//ourworld.compuserve.com/homepages/bib_lisieux/nation01.htm
What a nation isn’t
Renan starts by dismissing race as a grounding for nationhood. His
analysis (a clarion-call of sense made fifty years before the murderous
irruption of racial theories in Germany) is deeply rooted in a sense of
the contingencies of European history:
“An Englishman is certainly a distinct type of
person amidst humanity at large. And yet this ‘type’, which is quite
improperly called the ‘Anglo-Saxon race’, is neither British from
the time of Caesar, nor Anglo-Saxon from that of Hengist, neither Danish
from Knut’s era nor Norman from the time of William the Conqueror; it
is the result of all of that…
…The study of race is central to the concerns of
scholars who concern themselves with the history of humanity. It has no
application in politics. The invisible hand which has presided over the
patterning of the map of Europe, has taken no account of race and the
first European nations are in essence nations of mixed blood.”
Next, he eliminates language noting that while the English and
Spanish may all speak the same tongue, Switzerland is no less a nation
while maintaining three or four tongues:
“Let’s repeat it: this division of languages
into Indo-European, Semitic and so on, created with such admirable
simplicity through the study of comparative philology, doesn’t
coincide with the boundary lines of anthropology. Languages grow out of
historical circumstances which have little to say about the blood of
those who speak them and which, in any case, have no ability to enchain
human liberty when it comes down to deciding whom people are going to
settle down with to share life and death.
“When it [an emphasis on language] is carried
too far, people become sealed up in a closed culture which is held out
as being national; it’s limiting, it involves shutting oneself away.
People leave behind the open air that is breathed on the broad plains of
human experience and hem themselves in behind closed walls with their
compatriots. There’s nothing worse for the human spirit; nothing more
debilitating for civilisation. Let’s not abandon this fundamental
principle, that humans are first and foremost reasoning and moral beings
before they are labelled as belonging to such and such a language, being
a member of such and such a race or belonging to this or that culture.
Before French culture, German culture or Italian culture there is the
culture of humanity.”
In quick succession, Renan then proceeds to deal with other
determinants of nationality. Religion is relegated to the world of
choice and private conscience; geography is ridiculed as wholly
arbitrary; and (a warning – or endorsement - for present day
Euro-sceptics) Renan tersely states that “a Zollverein [customs
union] isn’t a homeland”. So what is a nation? Renan’s desideratum
is worth quoting at length:
“A nation is a soul, a spiritual principal. Two
things which, to tell the truth, amount to the same thing, this soul,
this spiritual principle. One is in the past, the other in the present.
One is the shared possession of a rich legacy of memories; the other is
the current consensus, the desire to live together, the will to continue
to value the heritage that has been passed down in its entirety.
Humanity doesn’t improvise. The nation, like the individual, is the
upshot of all the efforts, sacrifices and acts of devotion. Respect for
our ancestors is, of all things, the most proper; our ancestors have
made of us what we are. An heroic past with great and glorious
individuals (I’m thinking here of those who are beyond question),
these represent the social capital on which the national idea is
founded. To be able to share common triumphs of the past and a common
will in the present; to have done great things together and to want to
do so again; these are the essential prior conditions for being a
people. We respect, in proportion, those sacrifices to which we have
consented, those ills which we have suffered. We love the house that we
have built and passed down…
“In the past then, a heritage of shared triumphs
and regrets, in the future, a similar story to realise; to have
suffered, rejoiced and hoped together counts for so much more than
common customs or frontiers conceived in strategic terms; it’s that
which asserts itself despite the diversity of language and race. I said
just a moment ago “to have suffered together”. Yes, suffering
in common unites more than shared joy. In fact, in terms of national
memories, it is the moments of grief that count for more than the
moments of triumph for they impose duties, they command common efforts.
“A nation, then, is a source of solidarity
rooted in an understanding of the sacrifices that have been made and
those that people are willing to undertake again. It [the nation]
supposes a past; but it is recapitulated in the present through a
tangible fact: consent, the clearly expressed desire to continue a
common life. The existence of a nation is (if you will forgive me the
metaphor) a daily plebiscite in the same way that the existence of each
individual is a perpetual reaffirmation of life itself…”
No room for lazy ideology
None of this will be easy reading for the cheer leaders of root and
branch, culturally-based self-determination. (Woodrow Wilson and
his generation went on, thirty five years later, to endorse just such
culturally-based frontiers on the ruins of Europe at Versailles: the
experiment lasted twenty years.) But it is an analysis equally
problematic for the anaemic, serial liberalism of our age which has
variously pronounced the end of history, the withering of the nation
state and the primacy of legalistic contractualism. Renan was no
dreamer. His prognosis for Europe was particularly percipient in view of
the current tensions that are building around contemporary
constitutionalising in Brussels:
“Having stripped out any metaphysical or
theological abstractions from the matter, what’s left behind? What are
left, are people, their desires and their needs. Secession, let me tell
you, and, in the long run, the break-up of nations will be the
consequence of a system which puts these old organisms [nations] at the
mercy of often ill-defined agendas. It is clear that in these matters,
no principle can be pushed to excess. Any truths are only applicable in
their totality, and in a very general way. Human volition changes; but
what doesn’t change in this life? Nations aren’t something
permanent. They had a beginning and they will have an end. A European
confederation will, in all likelihood, replace them. But that is not the
spirit of the century in which we are living. For the present time, the
existence of nations is a good thing, essential even. Their existence is
the guarantee of liberty which would be lost if everyone had only one
law and one master…”
Two world wars (in some respects European civil
wars) and 40 years of Cold War later, the ‘spirit of the century’
may have changed but there is no ‘European confederation’ in sight.
While all manner of directives and treaties have created a common
economic space (a common complicated economic space might be a better
appellation), national tensions and competitiveness are as acute as ever
(see upton-on-line 20th May 2004). The spectre of tax competition by new
entrant countries and the rampant industrial nationalism exhibited by
France as it seeks to save national flagships provide eloquent evidence
that Renan was spot on when he opined that “a Zollwerein does not a
nation make”.
A shared heritage
For all that, Europe’s shared heritage is real and accounts for a
certain reflexive scepticism in the face of virulent nationalism.
Europeans are acutely aware of two founding universalisms at the base of
their civilisation – the Roman Empire and Christianity (even if they
can’t bring themselves to mention the latter in their constitution).
So that whatever tribal or atavistic lurches may scar European history
books, there is, one senses, a deeply felt belief that while history is
something you cherish, it’s also something you surmount. It was the
absence of so much complicating history that made the American
experiment of the late C18th, and its subsequent success, possible. It
was, of course, a deeply European project – a rational consequence of
the European enlightenment transported beyond its historically confining
boundaries.
Amidst the deadly score-settling that attends the re-birth of Iraq,
it seems heroically naïve to have even considered that history might be
‘over’. But, albeit at different speeds and in different settings,
Europeans and Americans have at least learned that while the future is
patterned by history, it is not at history’s mercy. There is no
talisman buried in the past that can dictate the nature of the
contemporary political order: there are just today’s citizens who must
decide how they relate to one another. Here again, Renan has wise words
to offer:
“Forgetting history – and I would even go so
far as to say outright historical inaccuracies – are essential factors
in the creation of a nation, which is why improved historical studies
are often a danger for national identity. Historical investigation, in
effect, brings back into the limelight those acts of violence which lie
at the origin of all formative acts of nation-building, even those whose
consequences have been the most beneficial. History is always imposed
brutally: the union of the north of France with the Midi [the South] was
the result of extermination and terror that went on for more than a
century…
“The essence of a nation is that all the
individuals have a great deal in common, but also that they have
forgotten many things. No French citizen knows if he is Burgundian,
Alain, or Visigoth; every French citizen has had to forget the St
Bartholomew’s massacres in the Midi in the C13th. There wouldn’t be
ten families in France who can provide proof of a Frankish origin; and
even so, any such proof would be inherently defective as a result of the
thousand of unknown inter-breedings which can undermine any genealogical
system…”
Does it sound at all familiar?
Renan’s prescient grasp of European realities is one thing. But can
this 19th century European say anything about 21st century New Zealand.
The idea of forgetting history seems inconceivable in a country that has
formally made the re-examination and judicialisation of history the
basis of nation building. There are undoubtedly many European New
Zealanders who would be tempted to adapt Renan’s line of reasoning to
advance the case for historical amnesia: “there’s nothing to be
gained by raking over history – let’s settle the proved land claims
and then get on with being one people.”
It remains possibly the strongest unspoken, politically
incorrect undercurrent in New Zealand today. With the Treaty and the
Land Wars at most 160 odd years distant, such a strategy looks, to many
Maori people, like a stratagem of denial. Yet this is history whose
lava flows are still cooling. The events in contention are no mediaeval
or first millennium upheaval lost in the mists of time. Pick
through the crust and you still find molten pockets.
But Renan can explain something to Maori about why European New
Zealanders react as they do. Because when he states that “the
British Isles, taken as a whole, offer a mixture of Celtic and Teutonic
blood whose proportions are impossible to define” he states
something that is almost unconsciously accepted as a given by many New
Zealanders.
In another life upton-on-line listened to countless constituents
cheerfully describe their mixed or ‘mongrel’ roots. New Zealand
was settled – and grew to nationhood – during the apogee of the
British Empire. New Zealand is, in large degree, a neo-Britain and
with that has come a stock of assumptions about what makes a nation and
what political life is built around.
Perhaps in the same way that Europeans have had to come to grips with
the differentness of Maori culture, it is time Maori started to
take seriously the reasons why so many European New Zealanders react to
claims based on race, language and history as they do. The British
were island people; they had a strong sense of mixed blood; they knew
all about ethnic romanticism (in Scotland and Ireland); they
carried the memories – and in some cases scars - of religious conflict
with them; they knew all about the land reform that accompanied the
agrarian revolution and the social consequences of dispossession.
But, much as Renan describes, in the process of nation-building they
used historical memory selectively and in some cases with wilful
disregard for the facts if it helped manufacture a ‘better’ national
story.
Upton-on-line suspects that many post-British New Zealanders rather
like the idea of a nation built on inter-marriage, everyday
cultural fluency practiced in sports and recreational pursuits, shared
suffering and heroism (the exploits of the Second World War) and
even a recognition of past conflict which, whatever the cost, didn’t
lead to mutual annihilation but a workable co-existence. But, as
Renan insists, this sort of nationhood equally requires some ability to
forget.
Do we want to live together?
Even more important is, as Renan puts it, “the desire to live
together”. Do we want to do that? The answer might seem absurdly
obvious. But come back to Mr Justice Durie’s challenge to governments
to treat with tribal communities as it would with ‘other nation
states’. Which other nations? Because if we are talking about the
nation states that commonly come to mind as sovereign entities that
enjoy particular immunities and recognition at international law, then
this must be said: the people of New Zealand do not seek to live
together with them. They are distinct, different communities whose histories
we may have intersected but do not share in any national sense. His
Honour has broached intensely interesting ground. These are
questions that deserve serious reflection since they go to the heart of
whether or not, in time, we have a nation called New Zealand at
all.
In the meantime, lest anyone interpret this analysis as a call to
sweep history under the carpet of amnesia, upton-on-line considers
that we could do with more rather than less historical literacy. The
huge investment many New Zealanders have made in coming to grips
with the dark side of our history as revealed in successive Waitangi
tribunal reports should now be joined by an equally vigorous effort
to throw the spotlight on just what it means to be a post-Briton in New Zealand.
There are certainly enough of us to warrant the effort; and it might
help everyone interpret instinctive public reaction to the
challenges we face.
Particularism versus universalism
One further thought. Judge Durie’s language of tribal nations
reminds us that Maori are part of a world-wide reaction to what is
perceived to be a western, global, universalising hegemony that is
inimical to local culture. This is a script about the enlightenment
versus the counter-enlightenment. It is a whole debate by itself and the
present issue of u-o-l is not the place to prosecute it.
One would have to observe, in passing, that the nationalist/particularist
reaction against globalisation is as ‘universal’ and widespread
as the phenomenon it seeks to counter: welcome to a small world! But
there is no reason why a growing awareness of global or universal
values should undermine particular cultures. “Why can’t we all just
get on with being New Zealanders” is the exasperated groan of
many post-British kiwis. The answer is that we can, provided we all want
to live together and can live with – and live down – our
history. That doesn’t mean forgetting it. But neither does it mean being
paralysed by it.
The problem for many supporters of global liberalism is that they
have no language to identify with “that solidarity rooted in an
understanding of the sacrifices that have been made and those that
people are willing to undertake again” (see Renan, above).
Political and economic freedom – vital though these liberal
pre-requisites for peace and stability are - don’t occur in a
vacuum. They occur in historically moulded space.
Post-British New Zealanders need to respond to Maori reassessments of
nationhood with an historically and culturally well-informed
account of their own roots. The post-modern smorgasbord of history
teaching in New Zealand has let us all down here. Rather than using
the past to incriminate the present, we need an open understanding of
how we come to be where we are and why we have succeeded as we have
(for that must surely be the overall verdict on the nation we know as
New Zealand).
The view from Oxford
One New Zealander trying to come to grips with what was in the minds
of early to mid-19th century Britons is Bernard Cadogan, a
doctoral candidate in Oxford. The following piece has been written
especially for upton-on-line; it is a glimpse of work-in-progress
by a mercurial intellectual historian. Needless to say, the views
expressed are Mr Cadogan’s own, but upton-on-line is happy to
carry this contribution to the national debate.
Whigs and Tories in the post-American colonies
The modern liberal state seeks to create an open, even field for
governance. Think of political space in terms of computer-generated
maps. All citizens are equal before the law, while the all-seeing
eye of the state operates over a level plain of power equally and impartially.
There is no privilege or exceptionalism to compromise the configuration
of public space. Such a state is the creation of the late 18th
century and diffused itself over the developed world throughout the 19th
century. New Zealand is a product of this movement.
To pursue a topographical metaphor, this model of the state was
deeply contested as it developed in Britain. There were originally
high ranges of personal and corporate privilege and deep troughs of
extensive disenfranchisement and exclusion from the political
nation. Reactionaries and radicals and revolutionaries contested it.
Tories, Whigs and Radicals contended for what would emerge.
The Reform Act of 1832 left the British Parliament reformed and
purged of its rotten boroughs and the franchise widened and left in
the hands of the middling property owners. Individual land tenure,
either under freehold or leasehold tenure, became the paradigm for
how citizenship was to be expanded, and for how British subjects were to
be co-opted into the outer reaches of the political nation. This
was change-management Whig-style. The basic project was to pre-empt revolution.
Such a franchise created a geological structure of English down lands
above the level plains. The same political plate tectonics
fractured and morphed the political landscape repeatedly during New
Zealand’s nation-building orogeny. Despite the erosion of
political privilege that had occurred, the British settlers who came to
New Zealand still came from a manifestly unequal polity. The
sediment from the Reform Act of 1832 was washed down into New Zealand.
There was no aristocratic privilege. But there was a settler
Ascendancy, which recreated in good part the lumps and bumps, the undulations
and sloughs of post-1832 Britain.
The Tories on the other hand were the party of institutions and
corporations. The British constitution for them was an association
of institutions and autonomous chartered bodies and enterprises. The
courts, Inns of Courts, Parliament, the established churches, the
East India Company, the Hudson Bay Company, and the New Zealand Company
were all associates in sovereignty. Then, there were the 15,000 +
parishes that conducted local administration, the 200 boroughs and
the 1800 odd special purpose boards carried out local administration.
Britain was an associative state, and it projected this model out
into its settler empire. It was also a centralising state, and it was
the tension between these two tendencies that shaped British 19th
century constitutionalism. The Hobbesian Beast, like the Beast in the
Book of the Apocalypse was unitary; it had multiple heads and
horns, but just one Crown.
During the Napoleonic wars, the British fought for what they
conceived to be the freedom of Englishmen. This freedom consisted
not just in the liberty of the subject but in the role institutions had
played in checking the development of a monarchical ancien regime
in Britain. The checks and balances of the British constitution were
contained within the bundle of rods fused in the Crown that
together constituted British power. The representative governments of
the settler colonies assumed this role to both manipulate and
resist the metropolitan imperial power.
The Whigs were a half-way house between the liberal state and the old
institutionalised order. While they prided themselves on
change-management that would thwart revolution, and expanded the civil
organisation of the liberal state in so many sectors, they were
basically an oligarchy of peers, who prided themselves in their
resistance to the Crown in the 17th century.
Both Whigs and Tories took lessons from the Napoleonic and Prussian
states. About the first nice thing an Englishman ever said in
public about Napoleon came from Dr Thomas Arnold, who told
students at Oxford that what Napoleon did achieve was create a
civil organisation for Europe. Britain developed a central and
increasingly centralising government. The liberal state then moved
to abolish, diminish or reform corporate privilege.
This was all occurring at the same time that Britain began to
establish settler colonies all over again, after the loss of America,
and after the Napoleonic Wars. How then was New Zealand configured? What
was its original topography after the Treaty of Waitangi?
Back to the old world in the new
The new colonies subsisted in a time-lag behind Great Britain. There
was a time-lag in applying the industrial economy, something Samuel
Butler commented on while he farmed in Canterbury. Colonies were
basically still 18th century worlds, propelled by wind, fire and
the forge. Maori were building mills. The importation of machinery was a
momentous event. Each step in the rise of the amount of horsepower
produced had an impact on the settler beachhead economies up until the
1860s.
There was a political time-lag as well. New Zealand was officially a
Crown Colony from 1840 up until the New Zealand Constitution Act
1852 was proclaimed and brought into force in 1853. It was only in 1856
with the advent of responsible government that the Crown Colony
really ended and the New Zealand Government began. “The British
Government in New Zealand”, as it was termed, finally ceased in
1863, when liability and responsibility for native affairs were handed
over to the New Zealand Government.
This Crown Colony was an 18th century ancien regime. The
Governor was an active monarch, or sole-ruler, of the kind that the
settlers’ ancestors had not experienced since the 17th century. A
Governor’s ill-health, as with Hobson, his poor judgment,
as with Fitzroy, or his vanity and brilliance and appetite for
power, as with Grey, or his honest solid mediocrity, as with
Browne, had a marked effect on administration.
It was natural then for such administrators to have different mental
maps of power in New Zealand. There were first of all the tribes,
of varying military strength and economic power, but in the aggregate,
formidable. The tribes’ associations with the British Government
in New Zealand ranged from close association and collaboration to
indifference and hostility. The settler world itself was divided
into a dozen or so main beachhead settlements largely looking after
their own affairs. The Governor was looking after the “macro”
when he wasn’t bogged down in minutiae. Settlers naturally protested
at having the clock wound back on their political rights. The Crown
then created an order for New Zealand, which was as stratified,
highly seismic and contorted as the geology of New Zealand itself, and
one of its features was a shifting ethnographic fault line.
For the effect of the Treaty was to create a Maori protectorate. The
frontier was unfixed, because the Crown had the right to
pre-emption of lands under aboriginal title. There was no hard and fast
frontier, as the House of Commons Select Committee Report on
Aboriginal Affairs had proposed in 1837 along the lines of the
Appalachian Protectorate of 1763.
So there was a Pakeha New Zealand and a Maori New Zealand. The Treaty
of Waitangi did not in reality create “one nation”. However
through land sales and assimilationist policies, the British fully
intended that result. Similarly in Paheka New Zealand, the main
settler towns found themselves and their hinterlands institutionalised
into self-governing provinces. The New Zealand Constitution Act
1852 correspondingly provided for tribal self-government. Legislation
was passed in 1858 to establish district courts and grant powers to
the councils.
Once established, the New Zealand Government set about converting
itself into a classic liberal state. It was doing this long before
the “Liberals” came into office. The Waikato War was not just a
land–grab but a consolidation by armed force of the protectorate.
It only partially succeeded. Legislative machinery progressively worked
away at it as the government’s writ extended. The process was
two-handed. The provinces were abolished, and instead of a poorly articulated
confederation of provincial governments about the Central Government,
there arose local government.
With respect to land, the settlers had imported individual property
tenure as the paradigm for participatory citizenship. The tragedy
of 19th century New Zealand is that Maori were almost totally excluded
from participation in those terms. During this period Maori lost
their land through sales, legitimate and dubious, through confiscation
and by costs incurred through the legal process. They were then
admitted to the franchise and to Parliament just as the settlers
themselves and the British were moving towards more a more inclusive
franchise for themselves.
A visitor to New Zealand, and such an astute commentator as the
British Prime Minister Lord Salisbury, was scathing about
the Land Wars in New Zealand. To the genuine Tory, such as Salisbury,
Maori had institutions and property that corresponded to the
corporate associations of a Tory model of the state. To the liberal eye,
there was just locked-up land and mortmain.
The catch was that the Tory world-view was deeply hierarchical.
People were free in their own ways with their own particular rights
and localities. It was deeply segregationalist. People were one thing in
one place and another thing in another. The Tory world-view would
have South Africanised New Zealand. There would have been a Lesotho in
New Zealand. Maori would have become strangers in their own country
as they migrated.
The ‘S’ word
It is in this context that we have to consider the use to which the
word ‘sovereign’ is put in the New Zealand context. Indigenous
"sovereignty" is a valid operative term in North American
indigenous law, where the Crown originally established
protectorates and alliances with First Nations that did not convert
indigenes into British subjects. The members of the "domestic
dependent nations" in protectorates or alliance relations, as Chief
Justice John Marshall described them, were not originally
British subjects or citizens of the United States.
Governor Thomas Pownall, one of the authors of the Appalachian
Protectorate of 1763 insisted in his “Administration of the
Colonies" of 1764 that the Iroquois within that protectorate were
not British subjects. The French could not convey to Britain what
they did not have.
Article III of the Treaty of Waitangi however did make Maori subjects
of the Crown. Maori signed up to British global power. This is why
"autonomy" rather than "sovereignty" is the more
appropriate concept for New Zealand, and such provision for
autonomy was made in the New Zealand Constitution Act of 1852 in
reference to Article II of the Treaty. While the New Zealand
"order" is no longer to be interpreted in Hobbesian terms, it
definitely was then. The British Crown became sovereign in New
Zealand and not just "suzerain" or the protecting power.
It does not help, nowadays, to interpolate an alien language of power
relations into the New Zealand mid 19th century context let alone
into our 21st century situation. Tribal ‘sovereignty’ is at best a
metaphor, at worst counter-productive in the intimate New Zealand
environment. This brings us to the modern reconfiguration of New
Zealand’s political landscape. The geological forces have
resumed. There is a Pacific plate pressing against New Zealand, and that
is the impact of American jurisprudence, historicism and indigenous
rights discourse.
Creeping catachresis from North America
The Americans rejected the British power state with their War of
Independence. As an original revolutionary liberal state, American
power and American thought operate on very different premises from those
that existed in Britain and continued to evolve there. In modern
scholarship it is being speculated that American intellectual hegemony
has rendered the British experience unintelligible to both
themselves and all of the former neo-Britains as well as Britain itself.
That is why we and they no longer understand what it was to have
been British or under British rule in the Victorian period.
Justice Durie’s recent reference to tribes as nation states is an
example of the importation of North American law. Such an
intrusion, to use a technical term, is a catachrestic reading of
New Zealand’s British past. Catachresis is an intrusion into
a text of content that makes no apparent sense within its structure.
Catachresis has in recent times been used by post-colonial theorists
as a deliberate deconstructive technique to render signs and
meanings indeterminate. Maori practised ‘catachrestics’ brilliantly
and effectively when they refashioned kingship in their own image
during the 1850s and 1860s. Many settlers responded with contempt
because they understood only too well what Maori were doing. When Colonel
Russell insisted in 1862 that there was "One Queen, One Law,
One Bible" in New Zealand he was trying to correct the
catachresis. Today, however, Maori are insisting on the determinacy
rather than the indeterminacy of the signs and meanings that the Treaty
has left us.
There is a need to recover 19th century constitutional languages from
the incomprehension that currently shroud them so that we can come
to some understanding of our experience of British power in New Zealand.
If we can do this, if we can re-enter the thought world that
animates these languages, living or defunct, we are then in much better
shape to commence together the responsible dialogue needed to build
a new language of 21st century nationhood. We will also be able to
avoid an atavistic reversion to Victorian-era constitutionalism and
racial institutionalisation, dressed up and is understood as
indigenous rights.
Which brings us to the credentials of the liberal state. The liberal
state is to be judged by how it facilitates and resolves political
dialogue. An illiberal state or electorate suppresses dialogue. New
Zealand is a liberal polity that has been accommodating an
enriching and transformative race relations dialogue for a generation
now. It must not allow a poverty of language and understandings to
de-rail it.
New Zealand's liberal state is the best model we have for political
dialogue on how we live together. Let us think twice before we
compromise it and revert to the heterogeneity of the mid-Victorian
world.
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