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    Indigenous Legal Judgments

    Proposal review

    Bringing Indigenous Voices into Judicial Decision Making

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    Contributor(s)
    Watson, Nicole (editor)
    Douglas, Heather (editor)
    Language
    English
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    Abstract
    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.
    URI
    https://library.oapen.org/handle/20.500.12657/90112
    Keywords
    ALR;Torres Strait Islander;CLR.;FCR.;Torres Strait Islander Heritage Protection;UN;Strait Islander Heritage Protection Act;DPP;Torres Strait Islander People;Violated;Native Title;Yorta Yorta;Hindmarsh Island;Australian Legal System;Yorta Yorta People;Torres Strait Islander Families;Indigenous Judge;Ngarrindjeri Women;Torres Strait Islander Children;Non-parole Period;Australian Broadcasting Corporation News;Commonwealth Electoral Act 1918;NSW Law;Aboriginals Protection Act;NSW Board
    DOI
    10.4324/9781003174349
    ISBN
    9781032004815, 9781003174349, 9780367467456, 9781032442389, 9781032194905, 9781000401240, 9781032262536, 9781000401219
    Publisher
    Taylor & Francis
    Publisher website
    https://taylorandfrancis.com/
    Publication date and place
    2021
    Imprint
    Routledge
    Classification
    General and world history
    Colonialism and imperialism
    Social and cultural history
    Law and society, sociology of law
    Popular culture
    Legal aspects of criminology
    Criminal justice law
    Family law
    Public international law: human rights
    Systems of law
    Land and real estate law / Real property law
    Legal history
    Legal systems: general
    Social law and Medical law
    Pressure groups, protest movements and non-violent action
    Social and political philosophy
    Human rights, civil rights
    Anthropology
    Sociology
    Ethnic studies
    Crime and criminology
    Pages
    343
    Rights
    https://creativecommons.org/licenses/by-nc-nd/4.0/
    • Imported or submitted locally

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    License

    • If not noted otherwise all contents are available under Attribution 4.0 International (CC BY 4.0)

    Credits

    • logo EU
    • This project received funding from the European Union's Horizon 2020 research and innovation programme under grant agreement No 683680, 810640, 871069 and 964352.

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