Indigenous Australians And The Law

Author : Irene Watson
Publisher : Routledge
ISBN 13 : 1317938372
Total Pages : 204 pages
Book Rating : 4.78/5 ( download)

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Download or read book Aboriginal Peoples, Colonialism and International Law written by Irene Watson and published by Routledge. This book was released on 2014-10-17 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Martin Hinton
Publisher : Routledge
ISBN 13 : 1135314381
Total Pages : 312 pages
Book Rating : 4.85/5 ( download)

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Download or read book Indigenous Australians and the Law written by Martin Hinton and published by Routledge. This book was released on 2008-04-16 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Nicole Watson
Publisher : Springer Nature
ISBN 13 : 3030873277
Total Pages : 108 pages
Book Rating : 4.71/5 ( download)

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Download or read book Aboriginal Women, Law and Critical Race Theory written by Nicole Watson and published by Springer Nature. This book was released on 2021-12-10 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores storytelling as an innovative means of improving understanding of Indigenous people and their histories and struggles including with the law. It uses the Critical Race Theory (‘CRT’) tool of ‘outsider’ or ‘counter’ storytelling to illuminate the practices that have been used by generations of Aboriginal women to create an outlaw culture and to resist their invisibility to law. Legal scholars are yet to use storytelling to bring the experiential knowledge of Aboriginal women to the centre of legal scholarship and yet this book demonstrates how this can be done by way of a new methodology that combines elements of CRT with speculative biography. In one chapter, the author tells the imagined story of Eliza Woree who featured prominently in the backdrop to the decision of the Supreme Court of Queensland in Dempsey v Rigg (1914) but whose voice was erased from the judgements. This accessible book adds a new and innovative dimension to the use of CRT to examine the nexus between race and settler colonialism. It speaks to those interested in Indigenous peoples and the law, Indigenous studies, Indigenous policy, Aboriginal and Torres Strait Islander history, feminist studies, race and the law, and cultural studies.

Author : Stephen Lloyd
Publisher :
ISBN 13 : 9780455228846
Total Pages : 1242 pages
Book Rating : 4.41/5 ( download)

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Download or read book Australian Native Title Law written by Stephen Lloyd and published by . This book was released on 2018-03-14 with total page 1242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Australian Native Title Law Second Edition annotates the Native Title Act 1993 (Cth) and analyses the common law principles applicable to native title. It explains the essential concepts and principles which underpin it, including relevant principles of constitutional, property and discrimination law, referencing a range of relevant authority and materials. The First Edition published in 2004 and was comprised of introductory explanatory chapters followed by a detailed annotation to the Native Title Act 1993 (Cth) and extensive reforms made in 1998 in light of the Wik decision. Since that time, some 27 amending Acts have come into force. The much-awaited Second Edition builds upon these foundations by bringing the Act up-to-date and providing detailed commentary on the more important of these amendments, in particular the Native Title Amendment Act 2007, the Native Title Amendment (Technical Amendments) Act 2007 and the Native Title Amendment Act 2009. The book now draws upon over 1,000 cases, including leading recent High Court decisions such as Queensland v Congoo (2015), Western Australia v Brown (2014), Karpany v Dietman (2013), and Akiba v Commonwealth (2013). Significant contributions from leading practitioners in the field are included, with a new section addressing proof of native title. Both new and experienced practitioners, decisions-makers, academics and students alike will find Australian Native Title Law Second Edition of invaluable assistance.

Author : Australia. Law Reform Commission
Publisher : Australian Government Publishing Service
ISBN 13 :
Total Pages : 556 pages
Book Rating : 4.83/5 ( download)

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Download or read book The Recognition of Aboriginal Customary Laws written by Australia. Law Reform Commission and published by Australian Government Publishing Service. This book was released on 1986 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Marianne O. Nielsen
Publisher : University of Arizona Press
ISBN 13 : 0816540411
Total Pages : 225 pages
Book Rating : 4.19/5 ( download)

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Download or read book Traditional, National, and International Law and Indigenous Communities written by Marianne O. Nielsen and published by University of Arizona Press. This book was released on 2020-05-05 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of the Indigenous Justice series explores the global effects of marginalizing Indigenous law. The essays in this book argue that European-based law has been used to force Indigenous peoples to assimilate, has politically disenfranchised Indigenous communities, and has destroyed traditional Indigenous social institutions. European-based law not only has been used as a tool to infringe upon Indigenous human rights, it also has been used throughout global history to justify environmental injustices, treaty breaking, and massacres. The research in this volume focuses on the resurgence of traditional law, tribal–state relations in the United States, laws that have impacted Native American women, laws that have failed to protect Indigenous sacred sites, the effect of international conventions on domestic laws, and the role of community justice organizations in operationalizing international law. While all of these issues are rooted in colonization, Indigenous peoples are using their own solutions to demonstrate the resilience, persistence, and innovation of their communities. With chapters focusing on the use and misuse of law as it pertains to Indigenous peoples in North America, Latin America, Canada, Australia, and New Zealand, this book offers a wide scope of global injustice. Despite proof of oppressive legal practices concerning Indigenous peoples worldwide, this book also provides hope for amelioration of colonial consequences.

Author : Martin Hinton
Publisher : Routledge
ISBN 13 : 1135316902
Total Pages : 426 pages
Book Rating : 4.07/5 ( download)

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Download or read book Indigeneous Australians & The Law written by Martin Hinton and published by Routledge. This book was released on 2012-10-02 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book concentrates on areas of the law which are currently of great importance to the indigenous Australians. The subjects covered include the legacy of colonialism; de-racialisation; empowerment,sentencing and the criminal justice system; native title; public health law; reconciliation and the constitution; self-determination; common law and customary law; and human rights. The aim of this book is to familiarise law students with the culture of the indigenous people of Australia and to stimulate an appreciation of the impact of the law in its various forms upon the indigenous people, the obstacles to their full participation in the community, and the rocky road to reconciliation. It is hoped that this book will in some small way contribute to reconciliation by placing students, in particular, in a position of greater understanding.

Author : Kingsley Palmer
Publisher : ANU Press
ISBN 13 : 1760461881
Total Pages : 297 pages
Book Rating : 4.81/5 ( download)

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Download or read book Australian Native Title Anthropology written by Kingsley Palmer and published by ANU Press. This book was released on 2018-05-03 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Australian Federal Native Title Act 1993 marked a revolution in the recognition of the rights of Australia’s Indigenous peoples. The legislation established a means whereby Indigenous Australians could make application to the Federal Court for the recognition of their rights to traditional country. The fiction that Australia was terra nullius (or ‘void country’), which had prevailed since European settlement, was overturned. The ensuing legal cases, mediated resolutions and agreements made within the terms of the Native Title Act quickly proved the importance of having sound, scholarly and well-researched anthropology conducted with claimants so that the fundamentals of the claims made could be properly established. In turn, this meant that those opposing the claims would also benefit from anthropological expertise. This is a book about the practical aspects of anthropology that are relevant to the exercise of the discipline within the native title context. The engagement of anthropology with legal process, determined by federal legislation, raises significant practical as well as ethical issues that are explored in this book. It will be of interest to all involved in the native title process, including anthropologists and other researchers, lawyers and judges, as well as those who manage the claim process. It will also be relevant to all who seek to explore the role of anthropology in relation to Indigenous rights, legislation and the state.

Author : H. Douglas
Publisher : Springer
ISBN 13 : 1137284986
Total Pages : 280 pages
Book Rating : 4.83/5 ( download)

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Download or read book Indigenous Crime and Settler Law written by H. Douglas and published by Springer. This book was released on 2012-08-21 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a break from the contemporary focus on the law's response to inter-racial crime, the authors examine the law's approach to the victimization of one Indigenous person by another. Drawing on a wealth of archival material relating to homicides in Australia, they conclude that settlers and Indigenous peoples still live in the shadow of empire.

Author : Bradford W. Morse
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110854805
Total Pages : 480 pages
Book Rating : 4.00/5 ( download)

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Download or read book Indigenous law and the state written by Bradford W. Morse and published by Walter de Gruyter GmbH & Co KG. This book was released on 2019-11-18 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: No detailed description available for "Indigenous law and the state".