Indigenous legal judgments
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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 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 Oxford International Encyclopedia of Legal History
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Books about Australia's legal history can be found on the library catalogue via keywords and specific subject terms in the Subject field of the library catalogue.
Subject term examples:
Indigenous peoples -- Legal status, laws, etc. -- Australia.
The Australian legal system : history, institutions and method
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Historical Foundations of Australian Law
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The history underlying and informing the Australian legal system is a uniquely interesting amalgam of English, American and local developments. It is often poorly understood - not least because there are no modern counterparts to this volume and its companion on commercial law. But, as Holmes long ago pointed out, in order to know what the law is we must first know what it has been. This volume not only discharges that function, informing its readers clearly and lucidly, but it also demonstrates how Australian legal history may be examined from a range of perspectives, leading to a deeper and richer understanding.This first volume of 15 essays, by distinguished judges and practitioners, sets the very highest standards of analysis and scholarship. There are incisive assessments of key figures such as Sir Owen Dixon and Justice Joseph Story (by Justices Hayne and Allsop respectively), and of key developments such as the establishment of an Australian land law, the reception of the common law, the growth to nationhood, the changing role of precedent, and the separation of powers. There are essays on the very early influences on Australian law from the leading early texts (Glanvill and Bracton), from early English statutes and from Roman law. There are essays on the growth of equity, and even a modern dialogue (in accordance with an ancient tradition) on the Judicature legislation. And there are accounts of legal procedure, which is ultimately the source of much substantive law, and of the jurisprudential figures who have sought to analyse law. The introductory essay by Justin Gleeson and James Watson provides an overview of the volume, as well as being a powerful argument for why an understanding of legal history is not optional but essential.Three of the authors have been appointed to judicial office since preparing these essays, and another has been made Solicitor-General of Australia. All have made distinguished contributions, and their essays will bear reading and re-reading, for all Australian lawyers looking for a deep understanding of how the Australian legal system operates.* Click here for information about Volume II - Commercial Common Law* Click here for information about Set - Volume I & Volume II
A history of Australian legal education
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Indigenous Peoples, Customary Law and Human Rights - Why Living Law Matters
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A Source Book of Australian Legal History: source materials from the eighteenth to the twentieth centuries
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Tradition and Change in Australian Law
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Tradition and Change in Australian Law, Fifth Edition, imparts a thorough understanding of the institutions and systems of Australian law by revisiting their origins. It features a detailed explanation of the Australian legal system, past and present, covering the origins of the Western legal tradition, the importance of English history in shaping Australian law and the path from colonisation to independence. It also explains the contemporary court system, judicial reasoning and statutory interpretation. The final chapter explores the challenges for the future, given that traditions offer the framework for evolutionary change. The fifth edition of Tradition and Change in Australian Law, which has been thoroughly revised and updated, provides an excellent foundation for students beginning the study of law. The approachable style of this popular text also makes it useful for the general reader who wants to gain an understanding of Australian law, past, present and future.
For more books on UK legal history, use keywords or search by the following subject terms in the library catalogue.
Baker and Milsom's Sources of English Legal History
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Collected Papers on English Legal History 3 Volume Set
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A Concise History of the Common Law
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The Creation of the Common Law
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Drafting Freedom to Last: the Magna Carta's past and present influences
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In the Shadow of the Great Charter : common law constitutionalism and the Magna Carta
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King John : England, Magna Carta and the making of a tyrant
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Law and Authority in British Legal History, 1200-1900
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Law and Society in England 1750-1950
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Lions under the Throne: essays on the history of English public law
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Magna Carta : muse & mentor
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A Magna Carta for All Humanity
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Magna Carta the foundation of freedom, 1215-2015
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New Perspectives in Scottish Legal History
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The Old English Penitentials and Anglo-Saxon Law
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The Origins of the English Parliament, 924-1327
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Oxford History of the Laws of England
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Select Charters and Other Illustrations of English Constitutional History from the Earliest Times to the Reign of Edward the First
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William Stubbs (1825-1901), one of the leading historians of his generation, pursued his academic research alongside his work as a clergyman. He was elected Regius Professor of Modern History at Oxford in 1866 and appointed a bishop in 1884. Stubbs was a major figure in medieval English historiography, with special interests in legal and constitutional history. This work was first published in 1870. It begins with an outline of English constitutional history, which he urged should be part of the curriculum, and then presents documents from Roman times up to the thirteenth century. Eight editions followed in Stubbs' lifetime, and it became a core textbook. The ninth edition of 1913, revised by H. W. C. Davis (1874-1928), is reissued here, and contains better editions and translations of Anglo-Saxon and French texts than were available in Stubbs' lifetime, as well as some then newly discovered material and an updated glossary.
