Performance through language, song and dance provides alternative knowledges and ways of understanding, in this case, developing deeper relationships with living water. Drawing on Indigenous Noongar culture from south-western Australia, this paper addresses the question: How can relationships between living underground, estuarine and riverine water bodies (kayepa dordok) be performed? Two new interlinked Noongar works in response to local riverscapes were developed for, and performed as part of, the 2021 Perth Festival. The first was to embody the return journey of the bullshark, from the salt water to the riverine fresh water; the second was to enact the presence of the unseen groundwaterwhich emerges as wetlands and estuaries strewn throughout the landscapeon its return to the sea. The method used to derive the song and dance, and the impact of the performance itself, are described. The experiment makes a case for multiple benefits associated with reestablishing connections among culture and nature by drawing on Indigenous perspectives, through performance giving voice to a relationality between river systems and people.
This article seeks to understand why the uptake of “third generation” enduring powers in Japan has been disappointing from the perspective of reformers who introduced the powers in 2000. In addition to questions about optimum design of this particular legal instrument, it is an opportunity to explore deeper questions about regulation and the role of law and the market in ageing, post-industrial societies such as Japan. First, the article explains the form that enduring powers take in Japan. Second, it presents statistics on the uptake of enduring powers. Third, the article presents possible reasons for this low uptake, including unsuitable social norms, a lack of awareness, excessive regulation, unresponsive doctrine, and entrenched judicial values. Finally, the article concludes that while these reasons all have explanatory value and are not easily disaggregated, comparative analysis presents some promising developments in Japan such as the growth in candidates to take on enduring powers who are regulated and organised through legal professions, civil society, local government, and the court system. At a deeper level, the article concludes that the fate of enduring powers turns not only on regulatory and doctrinal levers but also on the relative strengths within Japan’s continuing legal development of divergent views on the imposition of formal legal norms and market mechanisms upon relationships previously regulated by informal social norms or administrative decree.
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