Common Law And Colonised Peoples

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Common Law And Colonised Peoples

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Author : Jeannine M. Purdy
language : en
Publisher: Routledge
Release Date : 2019-01-15

Common Law And Colonised Peoples written by Jeannine M. Purdy and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-15 with Social Science categories.

Published in 1997. It is well known in Australia that Aboriginal people are currently massively over-represented amongst the prison population. Although it is not officially acknowledged to the same degree in Trinidad, it is also well-known that Afro-Trinidadians are over-represented in the prisons of that county. The disproportionate criminalisation of Aboriginal Australians and Afro-Trinidadians is interpreted by the author as a continuation and concretion of the myth of the barbaric, uncivilised and ungoverned ‘savage; in opposition to which Western legal systems and societies have created their own identities. The book departs from much contemporary analysis in this area by drawing strongly upon a historical analysis of the operations of the common law in Trinidad and Western Australia. By doing so, the book illustrates that race/ethnicity and criminalisation are not necessarily contiguous. What such analysis does reveal is another and more constant dimension to criminalisation; and that is economic basis of many of the legal relations instituted under British derived legal systems with respect to colonised peoples.

Common Law Colonised Peoples

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Author : Jeannine Purdy
language : en
Publisher:
Release Date : 1995

Common Law Colonised Peoples written by Jeannine Purdy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Trinidadians categories.

English Common Law In The Early American Colonies

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Author : Paul Samuel Reinsch
language : en
Publisher:
Release Date : 1977

English Common Law In The Early American Colonies written by Paul Samuel Reinsch and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1977 with History categories.

Law History Colonialism

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Author : Diane Kirkby
language : en
Publisher: Manchester University Press
Release Date : 2017-03-01

Law History Colonialism written by Diane Kirkby and has been published by Manchester University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-01 with History categories.

Drawing on the latest contemporary research from an internationally acclaimed group of scholars, Law, history, colonialism brings together the disciplines of law, history and post-colonial studies in a singular exploration of imperialism. In fresh, innovative essays from a range of disciplinary backgrounds, this collection offers exciting new perspectives on the length and breadth of empire. As issues of native title, truth and reconciliation commissions, and access to land and natural resources are contested in courtrooms and legislation of former colonies, the disciplines of law and history afford new ways of seeing, hearing and creating knowledge. Issues explored include the judicial construction of racial categories, the gendered definitions of nation-states, the historical construction of citizenship, sovereignty and land rights, the limits to legality and the charting of empire, constructions of madness among colonised peoples, reforming property rights of married women, questions of legal and historical evidence, and the rule of law. This collection will be an indispensable reference work to scholars, students and teachers.

Aboriginal Customary Law A Source Of Common Law Title To Land

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Author : Ulla Secher
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01

Aboriginal Customary Law A Source Of Common Law Title To Land written by Ulla Secher and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.

Described as 'ground-breaking' in Kent McNeil's Foreword, this book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically demonstrated. While the jurisprudential underpinnings for the doctrine are consistent with fundamental common law principles, the author explains that the Australian High Court's decision in Mabo provides a broader basis for the doctrine: a broader basis which is consistent with a re-evaluation of case-law from former British colonies in Africa, as well as from the United States, New Zealand and Canada. In this context, the book proffers a reconceptualisation of the Crown's title to land in former colonies and a reassessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity. 'With rare exceptions ... the existing literature does not probe as deeply or question fundamental assumptions as thoroughly as Dr Secher does in her research. She goes to the root of the conceptual problems around the legal nature of Indigenous land rights and their vulnerability to extinguishment in the former colonial empire of the Crown. This book is a formidable contribution that I expect will be influential in shifting legal thinking on Indigenous land rights in progressive new directions.' From the Foreword by Professor Kent McNeil (to read the Foreword please click on the 'sample chapter' link).

Indigenous Peoples Customary Law And Human Rights Why Living Law Matters

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Author : Brendan Tobin
language : en
Publisher: Routledge
Release Date : 2014-08-27

Indigenous Peoples Customary Law And Human Rights Why Living Law Matters written by Brendan Tobin and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-08-27 with Law categories.

This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.

Law Custom And Social Order

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Author : Martin Chanock
language : en
Publisher: Heinemann Educational Publishers
Release Date : 1998

Law Custom And Social Order written by Martin Chanock and has been published by Heinemann Educational Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Customary law categories.

This book explores the historical formation during the colonial period of that part of African law know as customary law.

Indigenous Legal Traditions

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Author : Law Commission of Canada
language : en
Publisher: UBC Press
Release Date : 2008-01-01

Indigenous Legal Traditions written by Law Commission of Canada and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Law categories.

The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.

Trapped By History

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Author : Darryl Cronin
language : en
Publisher: Rowman & Littlefield
Release Date : 2021-04-15

Trapped By History written by Darryl Cronin and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-15 with Political Science categories.

The Australian nation has reached an impasse in Indigenous policy and practice and fresh strategies and perspectives are required. Trapped by History highlights a fundamental issue that the Australian nation must confront to develop a genuine relationship with Indigenous Australians. The existing relationship between Indigenous people and the Australian state was constructed on the myth of an empty land – terra nullius. Interactions with Indigenous people have been constrained by eighteenth-century assumptions and beliefs that Indigenous people did not have organised societies, had neither land ownership nor a recognisable form of sovereignty, and that they were ‘savage’ but could be ‘civilized’ through the erasure of their culture. These incorrect assumptions and beliefs are the foundation of the legal, constitutional and political treatment of Indigenous Australians over the course of the country’s history. They remain ingrained in governmental institutions, Indigenous policy making, judicial decision making and contemporary public attitudes about Indigenous people. Trapped by History shines new light upon historical and contemporary examples where Indigenous people have attempted to engage and dialogue with state and federal governments. These governments have responded by trying to suppress and discredit Indigenous rights, culture and identities and impose assimilationist policies. In doing so they have rejected or ignored Indigenous attempts at dialogue and partnership. Other settler countries such as New Zealand, Canada and the United States of America have all negotiated treaties with Indigenous people and have developed constitutional ways of engaging cross culturally. In Australia, the limited recognition that Indigenous people have achieved to date shows that the state is unable to resolve long standing issues with Indigenous people. Movement beyond the current colonial relationship with Indigenous Australians requires a genuine dialogue to not only examine the legal and intellectual framework that constrains Indigenous recognition but to create new foundations for a renewed relationship based on intercultural negotiation, mutual respect, sharing and mutual responsibility. This must involve building a shared understanding around addressing past injustices and creating a shared vision for how Indigenous people and other Australians will associate politically in the future.

Aboriginal Peoples Colonialism And International Law

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Author : Irene Watson
language : en
Publisher: Routledge
Release Date : 2014-10-17

Aboriginal Peoples Colonialism And International Law written by Irene Watson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-17 with History categories.

This work is the first to assess the legality and impact of colonisation from the viewpoint of Aboriginal law, rather than from that of the dominant Western legal tradition. It begins by outlining the Aboriginal legal system as it is embedded in Aboriginal people’s complex relationship with their ancestral lands. This is Raw Law: a natural system of obligations and benefits, flowing from an Aboriginal ontology. This book places Raw Law at the centre of an analysis of colonisation – thereby decentring the usual analytical tendency to privilege the dominant structures and concepts of Western law. From the perspective of Aboriginal law, colonisation was a violation of the code of political and social conduct embodied in Raw Law. Its effects were damaging. It forced Aboriginal peoples to violate their own principles of natural responsibility to self, community, country and future existence. But this book is not simply a work of mourning. Most profoundly, it is a celebration of the resilience of Aboriginal ways, and a call for these to be recognised as central in discussions of colonial and postcolonial legality. Written by an experienced legal practitioner, scholar and political activist, AboriginalPeoples, Colonialism and International Law: Raw Law will be of interest to students and researchers of Indigenous Peoples Rights, International Law and Critical Legal Theory.