Indigenous Legal Judgments

Bringing Indigenous Voices into Judicial Decision Making

Bibliographic Data

ID7517010
AuthorsNicole Watson (0000-0003-4046-1461), Heather Douglas (0000-0002-0420-3820)
Year2021
Pages324
Publication date2021-05-06
Open AccessYes
TypeBOOK
VenueIndigenous Legal Judgments (SOURCE_BOOK)
PublisherRoutledge (PUBLISHER • GB)
DOI10.4324/9781003174349
OpenAlexW3199280834
Open LibraryOL33852241M
ISBN9781003174349
LanguageEN
Citations received10

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. \n \n 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. \n \n 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

Biology · Geography · Indigenous · Political science · Sociology · Ecology · Indigenous Peoples' Rights and Law · Law in Society and Culture · Multicultural Socio-Legal Studies

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