Australian Indigenous Law Reporter
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Achieving Social Justice
Author | : Larissa Behrendt |
Publisher | : Federation Press |
Total Pages | : 212 |
Release | : 2003 |
Genre | : History |
ISBN | : 9781862874503 |
This new work argues that a broad Indigenous rights framework is crucial to achieving positive change in the socio-economic disadvantage into which Indigenous Australians are born. It explains why addressing problems in Indigenous communities at a practical level needs to be done in conjunction with rights protection.
Indigenous Legal Judgments
Author | : Nicole Watson |
Publisher | : Routledge |
Total Pages | : 244 |
Release | : 2021-06-27 |
Genre | : History |
ISBN | : 1000401243 |
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.
Law, Knowledge, Culture
Author | : Jane E. Anderson |
Publisher | : Edward Elgar Publishing |
Total Pages | : 269 |
Release | : 2009-01-01 |
Genre | : Law |
ISBN | : 1848447191 |
Combining unique practical experience with a sophisticated historical and theoretical framework, this impressive work offers a new basis to explore indigenous intellectual property. In this wide-ranging and imaginative study, Anderson has laid the groundwork for future scholarship in the field. Hopefully this work will set a new trajectory for how this important topic is approached and advanced with indigenous people. Brad Sherman, University of Queensland, Australia This informative book investigates how indigenous and traditional knowledge has been produced and positioned within intellectual property law and the effects of this position in both national and international jurisdictions. Drawing upon critical cultural and legal theory, Jane Anderson illustrates how the problems facing the inclusion of indigenous knowledge resonate with tensions that characterise intellectual property as a whole. She explores the extent that the emergence of indigenous interests in intellectual property law is a product of shifting politics within law, changing political environments, governmental intervention through strategic reports and innovative instances of individual agency. The author draws on long-term practical experience of working with indigenous people and communities whilst engaging with ongoing debates in the realm of legal theory. Detailing a comprehensive view on how indigenous knowledge has emerged as a discrete category within intellectual property law, this book will benefit researchers, academics and students dealing with law in the fields of IP, human rights, property and environmental law. It will also appeal to anthropologists, sociologists, philosophers and cultural theorists.
First Knowledges Law
Author | : Marcia Langton |
Publisher | : Thames & Hudson Australia |
Total Pages | : 169 |
Release | : 2023-04-25 |
Genre | : Law |
ISBN | : 1760762830 |
Our Laws are forever present and provide the pathways for all Australians to truly learn how to belong to this continent.' - June Oscar 'No other current work has been able to so comprehensively explain the significance of traditional law in all its manifestations.' - Henry Reynolds Law is culture, and culture is law. Given by the ancestors and cultivated over millennia, Indigenous law defines what it is to be human. Complex and evolving, law holds the keys to resilient, caring communities and a life in balance with nature. Marcia Langton and Aaron Corn show how Indigenous law has enabled people to survive and thrive in Australia for more than 2000 generations. Nurturing people and places, law is the foundation of all Indigenous societies in Australia, giving them the tools to respond and adapt to major environmental and social changes. But law is not a thing of the past. These living, sophisticated systems are as powerful now as they have ever been, if not more so. Law: The Way of the Ancestors challenges readers to consider how Indigenous law can inspire new ways forward for us all in the face of global crises.
What Good Condition?
Author | : Peter Read |
Publisher | : ANU E Press |
Total Pages | : 252 |
Release | : 2006-12-01 |
Genre | : Social Science |
ISBN | : 1920942912 |
"What Good Condition? collects edited papers, initially delivered at the Treaty Advancing Reconciliation conference, on the proposal for a treaty between Aboriginal and non-Aboriginal Australians, a proposal which has been discussed and dissected for nearly 30 years. Featuring contributions from prominent Aboriginal community leaders, legal experts and academics, this capacious work provides an overview of the context and legacy of the residue of treaty proposals and negotiations in past decades; a consideration of the implications of treaty in an Indigenous, national and international context; and, finally, some reflections on regional aspirations and achievements."--Publisher's description.
Let Right Be Done
Author | : Hamar Foster |
Publisher | : UBC Press |
Total Pages | : 353 |
Release | : 2011-11-01 |
Genre | : Law |
ISBN | : 0774840110 |
In 1973 the Supreme Court of Canada issued a landmark decision in the Calder case, confirming that Aboriginal title constituted a right within Canadian law. Let Right Be Done examines the doctrine of Aboriginal title thirty years later and puts the Calder case in its legal, historical, and political context, both nationally and internationally. With its innovative blend of scholarly analysis and input from many of those intimately involved in the case, this book should be essential reading for anyone interested in Aboriginal law, treaty negotiations, and the history of the "BC Indian land question."
The Recognition of Aboriginal Customary Laws
Author | : Australia. Law Reform Commission |
Publisher | : Australian Government Publishing Service |
Total Pages | : 556 |
Release | : 1986 |
Genre | : Aboriginal Australians |
ISBN | : |
Detailed examination of the scope for recognition of customary laws through existing common law rules; human rights and problems of relativity of standards; contact experience; constitutional aspects; marriage and family structures; recognition of traditional marriage; protection and distribution of property; child custody, fostering and adoption; the criminal justice system; customary law offences; police investigation and interrogation; issues of evidence and procedure including unsworn statements, juries and interpreters; proof of customary law including scope of expert evidence; taking of evidence including group evidence, secrecy and privileged communications; customary methods of dispute settlement; special Aboriginal courts and justice schemes; relations with police; traditional hunting, fishing and gathering practices; relevant case law and legislation considered throughout.
International Human Rights, Decolonisation and Globalisation
Author | : Shelley Wright |
Publisher | : Routledge |
Total Pages | : 291 |
Release | : 2003-09-02 |
Genre | : Business & Economics |
ISBN | : 1134511949 |
Covering a diverse range of topics, case studies and theories, the author undertakes a critique of the principal assumptions on which the existing international human rights regime has been constructed. She argues that the decolonization of human rights, and the creation of a global community that is conducive to the well-being of all humans, will require a radical restructuring of our ways of thinking, researching and writing. In contributing to this restructuring she brings together feminist and indigenous approaches as well as postmodern and post-colonial scholarship, engaging directly with some of the prevailing orthodoxies, such as 'universality', 'the individual', 'self-determination', 'cultural relativism', 'globalization' and 'civil society'.