Indigenous Legal Relations In Australia
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Indigenous Legal Relations In Australia
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Author : Larissa Behrendt
language : en
Publisher: Oxford University Press, USA
Release Date : 2009
Indigenous Legal Relations In Australia written by Larissa Behrendt and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with History categories.
"This book looks at Indigenous peoples' contact with Anglo-Australian law, and deals primarily with the problems the imposed law has had in its relationship with Indigenous people in Australia. This is supplemented by comparative sections on Indigenous peoples' experience of imposed law in other settler jurisdictions such as NZ, Canada and the US. The book covers issues relating to sovereignty, jurisdiction and territorial acquisition; family law and child protection; criminal law, policing and sentencing; land rights and native title; cultural heritage, heritage protection and intellectual property; anti-discrimination law; international human rights law; constitutional law; social justice, self-determination and treaty issues."--From information provided by publisher.
Aboriginal And Torres Strait Islander Legal Relations
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Author : Larissa Behrendt
language : en
Publisher:
Release Date : 2018-12-17
Aboriginal And Torres Strait Islander Legal Relations written by Larissa Behrendt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-17 with categories.
Aboriginal and Torres Strait Islander Legal Relations, second edition, introduces readers to the major issues faced by Aboriginal and Torres Strait Islander people under the Anglo-Australian legal system, with a focus on the impact of historical and contemporary law and policy. It engages readers in key debates, such as reparations for the Stolen Generation and changes to the Constitution, and explores how the law can play a role in providing a framework for recognising Aboriginal and Torres Strait Islander peoples' rights.New to this EditionComprehensively updated to include the latest developments, with new discussion on: Constitutional recognition and the Uluru Statement from the HeartCreation of the National Congress of Australia's First Peoples as a new representative bodyNational child welfare policy reforms which will result in increased removals through early permanent placement of children who experience out of home careStolen Generation reparation tribunals and their responsesColonial legal history in the context of contemporary debates such as the recent campaign to change the date of Australia DayThe development of state-based treaty processesIncludes a new chapter on 'Indigenous Women and Criminal Justice' (Ch. 7) with a focus on family violence and victimisation; the laws, policies and practices that contribute to Indigenous women's imprisonment; and the climbing imprisonment rate of Indigenous womenUpdated discussion questions, and case studies and extracts.
Indigenous Law And The State
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Author : Bradford W. Morse
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2019-11-18
Indigenous Law And The State written by Bradford W. Morse and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-18 with Law categories.
No detailed description available for "Indigenous law and the state".
Indigenous Legal Judgments
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Author : Nicole Watson
language : en
Publisher: Routledge
Release Date : 2021-06-27
Indigenous Legal Judgments written by Nicole Watson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-27 with History categories.
This book is a collection of key legal decisions affecting Indigenous Australians, which have been re-imagined so as to be inclusive of Indigenous people’s stories, historical experience, perspectives and worldviews. In this groundbreaking work, Indigenous and non-Indigenous scholars have collaborated to rewrite 16 key decisions. Spanning from 1889 to 2017, the judgments reflect the trajectory of Indigenous people’s engagements with Australian law. The collection includes decisions that laid the foundation for the wrongful application of terra nullius and the long disavowal of native title. Contributors have also challenged narrow judicial interpretations of native title, which have denied recognition to Indigenous people who suffered the prolonged impacts of dispossession. Exciting new voices have reclaimed Australian law to deliver justice to the Stolen Generations and to families who have experienced institutional and police racism. Contributors have shown how judicial officers can use their power to challenge systemic racism and tell the stories of Indigenous people who have been dehumanised by the criminal justice system. The new judgments are characterised by intersectional perspectives which draw on postcolonial, critical race and whiteness theories. Several scholars have chosen to operate within the parameters of legal doctrine. Some have imagined new truth-telling forums, highlighting the strength and creative resistance of Indigenous people to oppression and exclusion. Others have rejected the possibility that the legal system, which has been integral to settler-colonialism, can ever deliver meaningful justice to Indigenous people.
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.
The Land Is The Source Of The Law
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Author : C.F. Black
language : en
Publisher: Routledge
Release Date : 2010-10-04
The Land Is The Source Of The Law written by C.F. Black and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-04 with Law categories.
The Land is the Source of Law brings an inter-jurisdictional dimension to the field of indigenous jurisprudence: comparing Indigenous legal regimes in New Zealand, the USA and Australia, it offers a ‘dialogical encounter with an Indigenous jurisprudence’ in which individuals are characterised by their rights and responsibilities into the Land. Though a relatively "new" field, indigenous jurisprudence is the product of the oldest continuous legal system in the world. Utilising a range of texts – films, novels, poetry, as well as "law stories" CF Black blends legality and narrative in order to redefine jurisprudentia in indigenous terms. This re-definition gives shape to the jurisprudential framework of the book: a shape that is not just abstract, but physical and metaphysical; a shape that is circular and concentric at the same time. The outer circle is the cosmology, so that the human never forgets that they are inside a universe – a universe that has a law. This law is found in the second circle which, whilst resembling the ancient Greek law of physis is a law based on relationship. This is a relationship that orders the placing of the individual in the innermost circle, and which structures their rights and responsibilities into the land. The jurisprudential texts which inform the theoretical framework of this book bring to our attention the urgent message that the Djang (primordial energy) is out of balance, and that the rebalancing of that Djang is up to the individual through their lawful behaviour, a behaviour which patterns them back into land. Thus, The Land is the Source of the Law concludes not only with a diagnosis of the cause of climate change, but a prescription which offers an alternative legal approach to global health.
Questioning Indigenous Settler Relations
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Author : Sarah Maddison
language : en
Publisher: Springer Nature
Release Date : 2019-08-30
Questioning Indigenous Settler Relations written by Sarah Maddison and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-30 with Social Science categories.
This book examines contemporary Indigenous affairs through questions of relationality, presenting a range of interdisciplinary perspectives on the what, who, when, where, and why of Indigenous–settler relations. It also explores relationality, a key analytical framework with which to explore Indigenous–settler relations in terms of what the relational characteristics are; who steps into these relations and how; the different temporal and historical moments in which these relations take place and to what effect; where these relations exist around the world and the variations they take on in different places; and why these relations are important for the examination of social and political life in the 21st century. Its unique approach represents a deliberate move away from both settler-colonial studies, which examines historical and present impacts of settler states on Indigenous peoples, and from postcolonial and decolonial scholarship, which predominantly focuses on how Indigenous peoples speak back to the settler state. It explores the issues that inform, shape, and give social, legal, and political life to relations between Indigenous and non-Indigenous peoples, both in Australia and globally.
Indigenous Australians And The Law
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Author : Martin Hinton
language : en
Publisher: Routledge
Release Date : 2008-04-16
Indigenous Australians And The Law written by Martin Hinton and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-04-16 with Law categories.
Bringing together a well-respected team of commentators, many of them indigenous Australians themselves, this revised and updated edition examines the legal, social and political developments that have taken place in Australia since the publication of the last edition. Providing students with a greater understanding of the issues facing Indigenous Australians in the hope of contributing to reconciliation, the authors explore a broad range of developments, including: human rights and reconciliation in contemporary Australia; the demise of ATSIC; issues of indigenous governance and water rights. Giving readers an incisive account of the resounding impact of social, political and legal conditions upon the Indigenous people of Australia and their interaction with and recourse to the law, this book is an excellent resource for those interested in the law of a coloniser or conqueror and its lasting impact upon first nations.
In Search Of The Golden Thread
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Author : Mei Lin Ng
language : en
Publisher:
Release Date : 2006
In Search Of The Golden Thread written by Mei Lin Ng and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Common law categories.
Abstract : The thesis explores the interactions of the common law with indigenous law in three jurisdictions: Australia, New Zealand and Canada. Case law involving family, criminal and land law is examined in detail, to establish how the common law has interacted with indigenous law. Two aspects of common law interactions are explored: judicial approaches to the recognition of indigenous law; and, judicial perceptions about the relationship between the common law and indigenous law. Courts faced with indigenous law have taken one of three approaches to recognising it. These are respectively referred to in the thesis as the non-recognition approach, the accommodation approach and the recognition approach. With regard to judicial perceptions about the relationship between the common law and indigenous law, the case law reveals seven different perceptions. They are: no relationship; mere acknowledgement; separate but capable of recognition; adjustment; assimilation/domination; assimilation/search for partnership; and absorption. Where a relationship is acknowledged, although perceptions may vary, essentially they can be placed in one of three categories. Courts may regard the relationship as one between two separate bodies of law, with points of intersection. They may regard it as one of convergence, perhaps even partial integration, between separate legal traditions. Finally, they may regard indigenous law as having been absorbed into the dominant legal system. Courts with this latter perception regard indigenous law as analogous to English local customs. Having identified more than one approach to the recognition of indigenous law, consideration is given to the circumstances in which the approaches are used, exploring differences arising out of the subject area in question and the jurisdiction in which the case is considered. The thesis also demonstrates that some correlation exists between the judicial approach to recognition of indigenous law and judicial perceptions about the relationship of the common law with indigenous law, though this correlation cannot be demonstrated in all cases. Lastly, the capacity of the common law to recognise changes to indigenous law is considered, where the case law reveals that both the judicial approach to recognition of indigenous law, and judicial perceptions about the relationship between the common law and indigenous law have a bearing on the capacity of the courts to recognise change. The thesis demonstrates that both the judicial approach to recognition of indigenous law and judicial perceptions about the relationship between the common law and indigenous law affect common law interactions with indigenous law.
Declaration Of Peace For Indigenous Australians And Nature
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Author : Anne Poelina
language : en
Publisher: Springer Nature
Release Date :
Declaration Of Peace For Indigenous Australians And Nature written by Anne Poelina and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.