There was a time when old men could sit on the rocks of Ilkan maladul as the first light hinted silver over indigo harbour waters, when pelicans floated black and prehistoric against the new sky and voices would lift in response to sing words remembered from the Dreaming:
Gnooroome tatwā natwā natwā.
Gnoroome tatwā natwā, natwā,
tarra wow, tarra wow.
In such days, the star Sothis (Sirius) rose over the Egyptian desert and at the prompting of seers, Pharoah Khufu sent his labourers to begin work on the Great Pyramid of Giza. It was a time that marked the beginning of new things, of the ascendancy of a species that would rebuild the natural world to suit the powerful on the backs of the weak. Slaves slept as the desert sun passed below the horizon, but the same sun rose on old men marking stone with images of life, voices echoing across the water in song to Carranga bo murray – the ‘great’ birds, loved in the dawn while the great pyramids gathered death under a dying sun.
The carvings remain, but no one sings to pelicans on Ilkan maladul now. Now the stone echoes jackhammers and a casino takes shape; a new monument to the ingenuity that powerful men have to take what they want from less powerful ones. With an Orwellian flair, the point was named Barangaroo in honour of a Gadigal woman married to the famed Bennelong – first prisoner of the first fleet.
Barangaroo was an extraordinary woman, a strong voice among the Dharuk that first met the invaders. Her friend Daringa was more gentle, and this showed when one day a convict stole her fishing tackle in May 1791:
The governor ordered that he should be severely flogged, in the presence of as many natives as could be assembled, to whom the cause of punishment should be explained. Many of them, of both sexes, accordingly attended… There was not one of them that did not testify strong abhorrence of the punishment, and equal sympathy with the sufferer. The women were particularly affected; Daringa shed tears; and Barangaroo, kindling into anger, snatched a stick, and menaced the executioner. [1]
Governor Arthur Phillip appears to have had a genuine desire to act justly, to treat people in the same way regardless of race. What might have been his response then when he saw the pain his actions caused the woman they were intended to defend? The thief had caused her anger, but he had given her tears. What could have been his judgement when he saw the Gadigal draw back in horror from the brutality of these new invaders, when Barangaroo set herself to bodily defend the man that had stolen from them because what he had done was dwarfed in her eyes by the monstrosity of what was now being done to him by the Governor?
The answer seems plain enough from history: the Gadigal and other ancient nations of Australia were to be ‘educated’ in justice.
The idea that justice and retribution are the same thing is common across many human cultures. Or, more accurately, common across many species. It may not be a formal construct, but if you’ve had dogs, you know it’s there. The difference is that humans have a particular capacity for motivated reasoning. We take the same instincts that guide other animals, and prop them up with arguments to make them feel less like instinct and more like something we chose because we had thought it through. One way we do this is to push the instinctive part another step back, further out of sight.
Take for example racism. Generally people know that racism is nothing more than an ignorant base instinct, and because they want to be better than that, they construct reasons to justify their racism. People believe that they didn’t boo Adam Goodes because they expect Aboriginal people to know their place, they believe it was because of his “appalling behaviour”. They know his behaviour was so much more appalling than others, not because they’re fully aware of it, but because the base instinct arising from the “us and them” amygdala in their brains gives them an overwhelming conviction that it’s true. Their racism is still entirely based on base instinct, but now the instinct has been pushed back out of sight.
In 1997, an anonymous writer explained that Aboriginal people do not deserve assistance to recover from the genocide because:
They killed and ate their own women and children and occasionally their men… The older women were often killed for eating purposes, like livestock.
Whether this claim had any basis or not was irrelevant; Pauline Hanson published it in a book she called “The Truth”. And despite an initial backlash she now has four senators in the Australian Parliament. Like this week’s Bill Leak cartoon in The Australian portraying Aboriginal fathers as neglectful drunks, it is indicative of a culture that has to tell itself scary stories about the people whose blood is on our hands. Yet within the first few years of arrival in Sydney Cove, William Dawes had learnt the word Putuwá from the Dharuk, meaning :
…to warm one’s hand by the fire and then to squeeze gently the fingers of another person. [2]
The stories white Australia tells itself have little room for acts of such tenderness, done so frequently that they have their own names.
Our instincts for vengeance are no different. We prefer the term retribution to revenge as it has a more respectable ring to it, but that again is just marketing. We learnt that revenge was bad when we were kids, so we call it an adult name now.

We have more to us than motivated reasoning powers though; we are able to question our instincts. This has become a mark of progress in societies: the recognition of revenge as a base instinct and of the need to override it. We talk about eye for eye thinking as the epitome of a vengeance paradigm, but there was a time when it was progressive thinking. Moses most certainly used it as his argument for vengeance as justice, but it was also an argument that vengeance should deliver only equal harm, not escalate the damage.
To many however, the fact that Moses taught vengeance at all is enough to push their instinct back out of sight and dress it in the semblance of reason. But Jewish progressives over time constantly questioned even Moses’ advances. Moses had insisted that Moabite descendants should never be allowed on consecrated ground because they deserved vengeance, yet the most consecrated place in all of Judaism was built by the Moabite descendant Solomon. Isaiah prophesied that the single sign of the Messiah coming would be that a young, unmarried girl would fall pregnant. Traditionally people like the word ‘virgin’ here, but Isaiah didn’t say virgin (bethulah), he said almah. Bethulah is a medically specific word based around the word ‘tear’, in reference to the Jewish tradition of collecting the sheets from the wedding night to prove from the presence of blood that an almah (young girl) was in fact a bethulah up to the point of her marriage. What this means is that if an almah fell pregnant, Moses’ retributive justice allowed only one response: stoning.
The sign of Emmanuel therefore meant something very specific: it wasn’t the announcement of a miracle for which the only evidence was the testimony of a pregnant girl, it was the profound claim that the Messiah could only make it to birth if someone in power defied Moses and let her live. According to Isaiah, Israel’s hope was dependent on its rejection of retributive justice.
This was later reflected in Jesus’ very explicit denouncement of eye for eye thinking, and in his statement that love was the fulfilment of the law. If the law is defined as love, then any action that is not love is opposed to the law. If justice has to be kept “in balance” with love as an equally valid but opposing weight, then by definition, justice is unlawful. Which leaves only the inescapable reality that the word does not mean what some people think it means.
Jesus’ teaching did not only challenge the dressing up of base instinct as the voice of God, it built on ideas explored by prophets such as Jeremiah to make sense of the confusion.
Do what is just and right. Rescue from the hand of his oppressor the one who has been robbed. Do no wrong or violence to the alien, the fatherless or the widow, and do not shed innocent blood in this place.
Woe to him who builds his palace by unrighteousness, his upper rooms by injustice,
making his countrymen work for nothing, not paying them for their labor.[3]
Justice, they argued, is not about punishing wrong, it is about doing right, making things right. This is why the gospel writer Matthew was able to call Joseph a “just” man for defying Moses’ law and refusing to stone Mary to death. This is a definition of justice wholly consistent with love, not an opposing philosophy that has to be compromised with it.
If we consider the concept from a rational framework, the goal of retribution in a justice system is not vengeance itself, but to establish a deterrent. It is a threat that might prevent people from doing wrong, or if they do – protect others from it happening again. But what then if there is a better deterrent than retribution? The worst criminals often suffer from psychopathy, which, like narcissism and machiavellianism is an inability to empathise with others. Another trait that psychopaths have is that they are unable to learn from punishment. It’s not that they don’t care; if anything it often hurts them more. What psychopaths can’t do is relearn the consequences for an action. They are permanently optimistic, so that no matter how many times they might have been punished for something, their brains are physically unable to think that perhaps it’s not worth doing it again because of the negative consequences [4].
But it’s not just that retribution is entirely ineffective in the places where justice is most needed; it is counterproductive across a much wider spectrum. Kids who are spanked more often are more likely to bully other kids, be violent, dishonest and steal [5]. If their father administers the spanking, they are more likely to be cruel to animals [6]. When it comes to raising kids, the evidence is overwhelming: retributive justice is a big part of what is wrong.
There was a time when spanking was a progressive form of discipline. The old Jewish approach was to beat children with a rod [7], but people recognised that if discipline was the goal rather than retribution, perhaps there were less harmful approaches. That is the beauty of our capacity to question: we are able to learn from our mistakes. Jesus’ teaching that love was the ultimate form of justice does exactly that – it defies the base instinct behind retribution that defines a person as evil. Love can boldly defy the abuser, but it does not do so by dehumanising them. The goal of love is to set them free as well as to defend their potential victims, achieving restoration for all parties. It is a definition of justice that makes rational sense.
It is this rational sense that guides one culture after another away from retributive justice as it matures. While prisons have become a massive industry in the US, in the Netherlands they are closing down due to lack of prisoners. Some decades ago, Finland had one of the highest rates of incarceration in Europe, but when they asked whether it was working, the evidence was decisive. They could either have retribution, or they could have justice and a stable society. Today they and other Scandinavian countries still have prisons because there are still people that others need to be protected from, but those people are treated with dignity and kindness, and their numbers have dropped by two thirds. Even murderers have the opportunity to spend the last years of their sentences in open prisons, where they have their own keys and can freely come and go to shop, study at University or work a job.
Treating guilty people well offends people who are not used to the idea. It feels unjust, because they have learnt to think of their instincts as reliable guides. But the third of prisoners that spend time in open prisons are 20% less likely to re-offend.

Retribution is part of a world view that sees power as something that defines good. It is a means of enforcing compliance, where something becomes wrong because you will suffer for it – be spanked, go to prison, burn in hell. It breeds self interested people that act not out of concern for others, but out of fear for themselves. This is part of the great clash that has taken place in Australia: the invaders encountered a mature culture that had faced many of its demons and grown. This is not to say that retribution had no place among the First Australians; in some nations it was still central to their conception of justice. But many of its expressions had been confronted, exposed as empty and left behind.
William Scott – an early settler that grew up amongst the Worimi near present day Port Stephens described them in his memoirs:
They are kind to one another, and to those with whom they come in contact, their generosity being proverbial. They were happy, simple in their way of living, and more prone to laughter than to tears…
Among themselves there were seldom any disputes or quarrels. They seemed always to regard life as a huge joke to be enjoyed to the utmost. With their children they were patient, affectionate and marvelously forbearing. Never once in my life at Carrington did I see a Piccaninny slapped or chastised. They were fond too of pets.
A people who could treat their children and pets in this fashion could have little guile or evil in their hearts. And so I always found it.
As I have said before, life was a joke, and the more laughter they could crowd into it the merrier passed the days. Good temper pervaded their whole conduct and it was hard to put any of them out of countenance. [8]
The Australians have been so easily overlooked by many because this acquired wisdom of acceptance meant that they didn’t create great monuments to themselves. These were people who had learnt that survival did not come by domination, so what was “great” to them – murray – was not a pyramid built by slaves, but a bird gliding slowly overhead.
It was with this understanding refined over tens of thousands of years that Barangaroo and Daringa watched Government soldiers forcibly tie a man up and tear the flesh off his back. It didn’t matter what the man had done; the act of retribution was an expression of dark instinct that had become abhorrent to them because they had access to empathy. It was little wonder then that one of the main names given to the first invaders was Djerabar – the word they used for a musket [2].
Yet as time passes on, the maturing of Djerabar culture is falling behind the pace set by our capacity for destruction; we have become toddlers playing in the tool shed. In the US, people buy guns because they believe that there are bad people that they must be prepared to kill, and in every home where a gun is stored, the likelihood of being murdered by a gun triples [9] because the extent to which we embrace retributive justice defines the scale of the risk that we pose. In Australia people talk about a Christian heritage, but they don’t mean the ideas that Jesus taught. They refer to dominion; the right to force politicians to open Parliament with prayers to our god no matter their thoughts on him, the right to teach strangers that our god will hurt them if they don’t agree to the demands we tell them he has made.
So it is in such a Djerabar culture that US Presidential candidate Donald Trump was able to openly say that he would kill the families of terrorists. War is the ultimate retribution, the point where the makeup of civilisation smears and runs to expose the truth. It does not need to be this way. We don’t have thousands of years in which to learn, but we have thousands to learn from. Others have done it in the past, are doing it today. It is so long past time that we listen to wisdom and learn justice.

The battle was conducted in the most fair and open manner; each party drew up in two lines, armed with spears, shields and boomerangs, and threw spear for spear for a considerable time, before any damage was done. At length a Yarra-Bandina black was slightly wounded in the forehead and a Calliteeni black transfixed by a spear.
This concluded the fight; both the hostile parties now mingled together in a most friendly way; and the Yarra-Bandini tribe was even more anxious than the other in their efforts to alleviate the wounds of the dying man.
…the Austral Aborigine conducts his warfare in a controlled and formalised manner so minimum damage was done to man or countryside. And aggression being assuaged, good feeling and compassion was the order of the day and it may be said that in this all-important aspect of humanity on earth, the Australian Aborigine has achieved a degree of civilisation so far not attained by the other people of the world. [10]
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References
- Tench, W. (1793) A complete account of the settlement at Port Jackson in New South Wales, G. Nicol and J. Sewell, London.
- Dawes, W. (1791) William Dawes’ notebooks on the Aboriginal language of Sydney, 1790-1791, Hans Rausing Endangered Language Project and SOAS Library Special Collections, Blacktown, NSW.
- Jeremiah 22:3, Jeremiah 22:13
- Gregory, S., Blair, R.J., Ffytche, D., Simmons, A., Kumari, V., Hodgins, S. & Blackwood, N. (2015) Punishment and psychopathy: A case-control functional MRI investigation of reinforcement learning in violent antisocial personality disordered men. The Lancet Psychiatry, 2, 153–160.
- Straus, M.A. & Mouradian, V.E. (1998) Impulsive corporal punishment by mothers and antisocial behavior and impulsiveness of children. Behavioral Sciences and the Law, 16, 353–374.
- Flynn, C.P. (1999) Exploring the link between corporal punishment and children’s cruelty to animals. Journal of Marriage and the Family, 61, 971–981.
- Proverbs 13:24
- Bennett, G. (1929) The Port Stephens blacks: recollections of William Scott. Chronicle Office, Dungog
- Kellermann, A.L., Rivara, F.P., Rushforth, N.B., Banton, J.G., Reay, D.T., Francisco, J.T., Locci, A.B., Prodzinski, J., Hackman, B.B. & Somes, G. (1993) Gun ownership as a risk factor for homicide in the home. New England Journal of Medicine, 329, 1084–1091.
- Clement Hodgkinson, Australia from Moreton Bay to Port Macquarie, Oct 1844