Watson, Nicole

Indigenous Legal Judgments Bringing Indigenous Voices into Judicial Decision Making - Oxford Taylor & Francis 2021 - 1 electronic resource (344 p.)

Open Access

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. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.


Creative Commons


English

9781003174349 9781000401219 9781032004815 9781041004950 9781003174349 9780367467456 9781032442389 9781032194905 9781000401240 9781032262536

10.4324/9781003174349 doi


Anthropology
Colonialism and imperialism
General and world history
Social and cultural history
Legal 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 systems: general
Social law and Medical law
Pressure groups, protest movements and non-violent action
International relations
Social and political philosophy
Human rights, civil rights
Sociology
Ethnic studies
Crime and criminology

ALR Torres Strait Islander indigenous people CLR. law court cases 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