The Law and the Desert
Alternative Methods of Delivering Justice
Bibliographic Data
| ID | 11449266 |
|---|---|
| Authors | Louise Anderson (0000-0002-9779-2205, Australian Government, corresponding author) |
| Year | 2003 |
| Volume | 30 |
| Issue | 1 |
| Pages | 120-136 |
| Publication date | 2003-03-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Journal of Law and Society (JOURNAL) |
| Journal identifiers | ISSN: 0263-323X • E-ISSN: 1467-6478 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/1467-6478.00249 |
| OpenAlex | W2007691802 |
| Language | EN |
| Citations received | 2 |
This article considers the way in which the Federal Court of Australia has adapted to the native title jurisdiction. Here we see how common law approaches to law and procedure challenge, and are challenged by, the culture of indigenous peoples and customary law. It conveys the risk of cultural violence in a balancing of legal and cultural norms and shows how access to justice debates reach beyond debates about funding and advice into more fundamental issues about legal process and the nature of substantive law. The Court's approach to facilitating access to justice goes deeper than essential procedural changes. Its approach suggests a cultural change within the Court
Common law · Desert (philosophy · Due process · Economic Justice · Indigenous · Jurisdiction · Political science · Sociology · Sources of law · Law · Law in Society and Culture · Legal Education and Practice Innovations · Legal principles and applications
| Citations per year | 0.11 |
|---|---|
| Citation span | 2008 - 2021 (14) |
| Highly cited | No |