Indigenous Australians and the Law
Generally books on Australian indigenous law are located at KN 154.3 K1.
Native title in Australia by
This comprehensive and authoritative work provides the reader with an understanding of both the current operation of native title in Australia, and its historical and political background and development. It covers the nature of the concept, and explains the proof, content and extinguishment of native title. It examines the validation of past grants and acts, and the limited degree of protection from future acts; compensation for native title; and the application of native title principles to resource development and traditional pursuits. It considers both the common law and the Native Title Act 1993 (Cth). The fifth edition of this highly regarded work includes discussion on: the consistent recognition of exclusive possession, use and enjoyment; the impact of the decisions in Northern Territory v Griffiths (HCA, 2019) and Yunupingu v Commonwealth (FCAFC, 2023) on compensation; the increasing use of consent determinations, including the Noongar South West Native Title Settlement (2016); the implications of TJIWARL and TJIWARL (No 2) (FCAFC, 2018) (BHP case) in undermining the Native Title Act future act process; the significance of the decision in Western Australia v Manado (HCA, 2020) confirming existing public access to and enjoyment of beaches on native title land; the greater adherence to principles of equality by the courts, especially as to extinguishment.
Law : the way of the ancestors by
'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. *Ebook available through all major etailers*
Indigenous legal judgments by
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.
Indigenous legal judgments by
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.
White Justice : Aborigines and whitefella law by
When the first fleet landed in NSW they brought with them English law. But sophisticated systems of law already existed in Australia - namely, Aboriginal customary law. Covering the period 1788 to 1888, this book charts the gradual replacement of this customary law by 'whitefella law' as white settlement progressed and settlers exerted their sovereignty over the land and its peoples. It details how Aborigines were made 'amenable' to English law, after the initial decades of denying Aborigines the right to access to the court system. The use of martial law at various times across the country is examined. While officially sanctioning violence against Aborigines, martial law also operated to protect soldiers and police from prosecution. The difficult process of allowing Aboriginal evidence to be heard in courts is detailed, including the resistance to this move by squatters. In the most comprehensive survey of cases involving Aborigines to date, Alan Pope throws light on hundreds of cases, across all Australian jurisdictions. All of the major trials for murder, manslaughter and rape are described, including those involving Aboriginal victims. Details of charges brought against whites for the killing of blacks are covered in two chapters, which include examples of mass poisoning and 'dispersal' actions that led to the death of many thousands of Aborigines.A major theme of this book is the sexual relations between white men and young black women. While some such liaisons were consensual, most involved abduction and rape. These, and their aftermath, were at the heart of many disagreements between black and white people in the 19th century. The author argues that the failure by authorities to protect Aboriginal women is a shameful aspect of Australian history.This book will appeal to anyone interested in Aboriginal and contact history, legal history and the lives of Aborigines in the first century of settlement.
A First Nations Voice in the Australian constitution by
This book makes the legal and political case for Indigenous constitutional recognition through a constitutionally guaranteed First Nations voice, as advocated by the historic Uluru Statement from the Heart. It argues that a constitutional amendment to empower Indigenous peoples with a fairer say in laws and policies made about them and their rights, is both constitutionally congruent and politically achievable. A First Nations voice is deeply in keeping with the culture, design and philosophy of Australia's federal Constitution, as well as the long history of Indigenous advocacy for greater empowerment and self-determination in their affairs. Morris explores the historical, political, theoretical and international contexts underpinning the contemporary debate, before delving into the constitutional detail to craft a compelling case for change.
Indigenous self-determination in Australia : histories and historiography by
Histories of the colonisation of Australia have recognised distinct periods or eras in the colonial relationship: 'protection' and 'assimilation'. It is widely understood that, in 1973, the Whitlam Government initiated a new policy era: 'self-determination'. Yet, the defining features of this era, as well as how, why and when it ended, are far from clear. In this collection we ask: how shall we write the history of self-determination? How should we bring together, in the one narrative, innovations in public policy and Aboriginal and Torres Strait Islander initiatives? How (dis)continuous has 'self-determination' been with 'assimilation' or with what came after? Among the contributions to this book there are different views about whether Australia is still practising 'self-determination' and even whether it ever did or could.
This book covers domains of government policy and Indigenous agency including local government, education, land rights, the outstation movement, international law, foreign policy, capital programs, health, public administration, mission policies and the policing of identity. Each of the contributors is a specialist in his/her topic. Few of the contributors would call themselves 'historians', but each has met the challenge to consider Australia's recent past as an era animated by ideas and practices of Indigenous self-determination.
Indigenous self-determination in Australia : histories and historiography by
Histories of the colonisation of Australia have recognised distinct periods or eras in the colonial relationship: 'protection' and 'assimilation'. It is widely understood that, in 1973, the Whitlam Government initiated a new policy era: 'self-determination'. Yet, the defining features of this era, as well as how, why and when it ended, are far from clear. In this collection we ask: how shall we write the history of self-determination? How should we bring together, in the one narrative, innovations in public policy and Aboriginal and Torres Strait Islander initiatives? How (dis)continuous has 'self-determination' been with 'assimilation' or with what came after? Among the contributions to this book there are different views about whether Australia is still practising 'self-determination' and even whether it ever did or could.
This book covers domains of government policy and Indigenous agency including local government, education, land rights, the outstation movement, international law, foreign policy, capital programs, health, public administration, mission policies and the policing of identity. Each of the contributors is a specialist in his/her topic. Few of the contributors would call themselves 'historians', but each has met the challenge to consider Australia's recent past as an era animated by ideas and practices of Indigenous self-determination.
Aboriginal and Torres Strait Islander Legal Relations by
Aboriginal and Torres Strait Islander Legal Relations, second edition, introduces readers to the major issues faced by Aboriginal and Torres Strait Islander people under the Anglo-Australian legal system, with a focus on the impact of historical and contemporary law and policy. It engages readers in key debates, such as reparations for the Stolen Generation and changes to the Constitution, and explores how the law can play a role in providing a framework for recognising Aboriginal and Torres Strait Islander peoples' rights.New to this EditionComprehensively updated to include the latest developments, with new discussion on: Constitutional recognition and the Uluru Statement from the HeartCreation of the National Congress of Australia's First Peoples as a new representative bodyNational child welfare policy reforms which will result in increased removals through early permanent placement of children who experience out of home careStolen Generation reparation tribunals and their responsesColonial legal history in the context of contemporary debates such as the recent campaign to change the date of Australia DayThe development of state-based treaty processesIncludes a new chapter on 'Indigenous Women and Criminal Justice' (Ch. 7) with a focus on family violence and victimisation; the laws, policies and practices that contribute to Indigenous women's imprisonment; and the climbing imprisonment rate of Indigenous womenUpdated discussion questions, and case studies and extracts.
Decolonising criminology by
This book undertakes an exploratory exercise in decolonizing criminology through engaging postcolonial and postdisciplinary perspectives and methodologies. Through its historical and political analysis and place-based case studies, it challenges criminological inquiry by installing colonial structures of power at the centre of the contemporary criminological debate. This work unseats the Western nation-state as the singular point of departure for comparative criminological and socio-legal research. Decolonising Criminology argues that postcolonial and postdisciplinary critique can open up new pathways for criminological investigation. It builds on recent debates in criminology from outside of the Anglosphere. The authors deploy a number of heuristic devices, perspectives and theories generally ignored by criminologists of the Global North and engage perspectives concerned with articulating new decolonised epistemologies of the Global South. This book disputes the view that colonisation is a thing of the past and provides lessons for the Global North.
Finding the heart of the nation : the journey of the Uluru Statement towards voice, treaty and truth by
This is a book for all Australians.
Since the Uluru Statement from the Heart was formed in 2017, Thomas Mayor has travelled around the country to promote its vision of a better future for Indigenous Australians. He's visited communities big and small, often with the Uluru Statement canvas rolled up in a tube under his arm.
Through the story of his own journey and interviews with 20 key people, Thomas taps into a deep sense of our shared humanity. The voices within these chapters make clear what the Uluru Statement is and why it is so important. And Thomas hopes you will be moved to join them, along with the growing movement of Australians who want to see substantive constitutional change.
Thomas believes that we will only find the heart of our nation when the First peoples - the Aboriginal and Torres Strait Islanders - are recognised with a representative Voice enshrined in the Australian Constitution.
'Thomas's compelling work is full of Australian Indigenous voices that should be heard. Read this book, listen to them, and take action.'
- Danny Glover, actor and humanitarian
Remote freedoms : politics, personhood, and human rights in Aboriginal central Australia by
What does it mean to be a "rights-holder" and how does it come about? Remote Freedoms explores the contradictions and tensions of localized human rights work in very remote Indigenous communities. Based on field research with Anangu of Central Australia, this book investigates how universal human rights are understood, practiced, negotiated, and challenged in concert and in conflict with Indigenous rights. Moving between communities, government, regional NGOs, and international UN forums, Sarah E. Holcombe addresses how the notion of rights plays out within the distinctive and ambivalent sociopolitical context of Australia, and focusing specifically on Indigenous women and their experiences of violence. Can the secular modern rights-bearer accommodate the ideals of the relational, spiritual Anangu person? Engaging in a translation of the Universal Declaration of Human Rights into the local Pintupi-Luritja vernacular and observing various Indigenous interactions with law enforcement and domestic violence outreach programs, Holcombe offers new insights into our understanding of how the global rights discourse is circulated and understood within Indigenous cultures. She reveals how, in the postcolonial Australian context, human rights are double-edged: they enforce assimilation to a neoliberal social order at the same time that they empower and enfranchise the Indigenous citizen as a political actor. Remote Freedoms writes Australia's Indigenous peoples into the international debate on localizing rights in multicultural terms.
Remote Freedoms : politics, personhood, and human rights in Aboriginal central Australia by
What does it mean to be a "rights-holder" and how does it come about? Remote Freedoms explores the contradictions and tensions of localized human rights work in very remote Indigenous communities. Based on field research with Anangu of Central Australia, this book investigates how universal human rights are understood, practiced, negotiated, and challenged in concert and in conflict with Indigenous rights. Moving between communities, government, regional NGOs, and international UN forums, Sarah E. Holcombe addresses how the notion of rights plays out within the distinctive and ambivalent sociopolitical context of Australia, and focusing specifically on Indigenous women and their experiences of violence. Can the secular modern rights-bearer accommodate the ideals of the relational, spiritual Anangu person? Engaging in a translation of the Universal Declaration of Human Rights into the local Pintupi-Luritja vernacular and observing various Indigenous interactions with law enforcement and domestic violence outreach programs, Holcombe offers new insights into our understanding of how the global rights discourse is circulated and understood within Indigenous cultures. She reveals how, in the postcolonial Australian context, human rights are double-edged: they enforce assimilation to a neoliberal social order at the same time that they empower and enfranchise the Indigenous citizen as a political actor. Remote Freedoms writes Australia's Indigenous peoples into the international debate on localizing rights in multicultural terms.
Constitutional recognition : First Peoples and the Australian settler state / by
When Australians today debate how to achieve a just postcolonial relationship with the First Peoples of the continent, they typically do so using the language of ‘constitutional recognition’. The idea of constitutional recognition has become the subject of community forums and nationwide inquiries, street protests and prime ministerial speeches. Dylan Lino’s book provides the first comprehensive study of Indigenous constitutional recognition in Australia.
Indigeneity: before and beyond the law by
Examining contested notions of indigeneity, and the positioning of the Indigenous subject before and beyond the law, this book focuses upon the animation of indigeneities within textual imaginaries, both literary and juridical. Engaging the philosophy of Jacques Derrida and Walter Benjamin, as well as other continental philosophy and critical legal theory, the book uniquely addresses the troubled juxtaposition of law and justice in the context of Indigenous legal claims and literary expressions, discourses of rights and recognition, postcolonialism and resistance in settler nation states, and the mutually constitutive relation between law and literature. Ultimately, the book suggests no less than a literary revolution, and the reassertion of Indigenous Law. To date, the oppressive specificity with which Indigenous peoples have been defined in international and domestic law has not been subject to the scrutiny undertaken in this book. As an interdisciplinary engagement with a variety of scholarly approaches, this book will appeal to a broad variety of legal and humanist scholars concerned with the intersections between Indigenous peoples and law, including those engaged in critical legal studies and legal philosophy, sociolegal studies, human rights and native title law.
Indigeneity: before and beyond the law by
Examining contested notions of indigeneity, and the positioning of the Indigenous subject before and beyond the law, this book focuses upon the animation of indigeneities within textual imaginaries, both literary and juridical. Engaging the philosophy of Jacques Derrida and Walter Benjamin, as well as other continental philosophy and critical legal theory, the book uniquely addresses the troubled juxtaposition of law and justice in the context of Indigenous legal claims and literary expressions, discourses of rights and recognition, postcolonialism and resistance in settler nation states, and the mutually constitutive relation between law and literature. Ultimately, the book suggests no less than a literary revolution, and the reassertion of Indigenous Law. To date, the oppressive specificity with which Indigenous peoples have been defined in international and domestic law has not been subject to the scrutiny undertaken in this book. As an interdisciplinary engagement with a variety of scholarly approaches, this book will appeal to a broad variety of legal and humanist scholars concerned with the intersections between Indigenous peoples and law, including those engaged in critical legal studies and legal philosophy, sociolegal studies, human rights and native title law.
It's our country : Indigenous arguments for meaningful constitutional recognition and reform by
Why should Indigenous people have a direct say in the decisions that affect their lives? Australia is one of the only liberal democracies still grappling with such a fundamental question. The idea of constitutional recognition of Indigenous Australians has become a highly political and contentious issue. It is entangled in institutional processes that rarely allow the diversity of Indigenous opinion to be expressed. With a referendum on the agenda, it is now urgent that Indigenous people have a direct say in the form of recognition that constitutional change might achieve. It's Our Country: Indigenous Arguments for Meaningful Constitutional Recognition and Reform is a collection of essays by Aboriginal and Torres Strait Islander thinkers and leaders including Patrick Dodson, Noel Pearson, Dawn Casey, Nyunggai Warren Mundine and Mick Mansell. Each essay explores what recognition and constitutional reform might achieve--or not achieve--for Indigenous people.
It's our country : Indigenous arguments for meaningful constitutional recognition and reform by
Why should Indigenous people have a direct say in the decisions that affect their lives? Australia is one of the only liberal democracies still grappling with such a fundamental question. The idea of constitutional recognition of Indigenous Australians has become a highly political and contentious issue. It is entangled in institutional processes that rarely allow the diversity of Indigenous opinion to be expressed. With a referendum on the agenda, it is now urgent that Indigenous people have a direct say in the form of recognition that constitutional change might achieve. It's Our Country- Indigenous Arguments for Meaningful Constitutional Recognition and Reform is a collection of essays by Aboriginal and Torres Strait Islander thinkers and leaders including Patrick Dodson, Noel Pearson, Dawn Casey, Nyunggai Warren Mundine and Mick Mansell. Each essay explores what recognition and constitutional reform might achieve--or not achieve--for Indigenous people.
Specialist Courts for Sentencing Aboriginal Offenders by
Cecelia O'Loughlin (a Narungga woman from Point Pearce, South Australia) Community Justice: You have a voice, let it be heard 2003 oil on canvas Purchased collection of the Courts Administration Authority, Adelaide, 2003 © Courts Administration Authority______________________________________________________The specialist Aboriginal Court is one of the most important and controversial measures introduced in recent decades to address the disadvantage and particular needs of Aboriginal people in the criminal courts of Australia. This book offers a comprehensive analysis of Aboriginal Courts and their relationship to the criminal justice system.The Aboriginal Court is examined from practical and theoretical perspectives: the rationale for a specialist court for Aboriginal people, its aims, how they work, what they achieve and its critics. It describes the differing models of Aboriginal Courts in each jurisdiction, identifying their common features whilst emphasising their diverse and fundamentally localised nature. The analysis of what Aboriginal Courts achieve is introduced with a summary of current research on a range of outcomes: Aboriginal community participation, better sentencing information and attendance and recidivism rates.The book's central theme is that Aboriginal Court sentencing provides a simple and direct way for Aboriginal people to be heard and understood in a manner rarely achieved by a mainstream magistrates court in a busy list. This unique approach empowers and involves Aboriginal people in the court process, reducing barriers of language, culture and social disadvantage whilst better informing the sentencing court on the often complex needs of Aboriginal offenders, victims and their communities.Specialist Courts for Sentencing Aboriginal Offenders draws on current literature, academic and government research and the author's experience as a lawyer and magistrate in Aboriginal, specialist and mainstream criminal courts to explore how Aboriginal Courts have developed, their significance and to propose their more widespread use."Paul Bennett's work will be highly valued, particularly by professionals involved in the criminal justice system. He has done us all a commendable service by comprehensively bringing together and objectively assessing the available material on Aboriginal Courts." From the Foreword by Justice Jenny Blokland of the Northern Territory Supreme Court
Indigenous Australians and the Law by
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.