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Indigenous Legal Judgments

Indigenous Legal Judgments

Bringing Indigenous Voices into Judicial Decision Making

by Nicole Watson and Heather Douglas
Paperback
Publication Date: 28/06/2021

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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 sixteen 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 dehumanized by the criminal justice system.

The new judgments are characterised by intersectional perspectives which draw on postcolonial, critical race and whiteness theory. 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, that has been integral to settler colonialism, can ever deliver meaningful justice to Indigenous people.

ISBN:
9780367467456
9780367467456
Category:
Law
Format:
Paperback
Publication Date:
28-06-2021
Language:
English
Publisher:
Taylor & Francis Group
Country of origin:
United States
Dimensions (mm):
233.38x155.57mm
Weight:
0.49kg

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