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"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
Detailed examination of the scope for recognition of customary laws through existing common law rules; human rights and problems of relativity of standards; contact experience; constitutional aspects; marriage and family structures; recognition of traditional marriage; protection and distribution of property; child custody, fostering and adoption; the criminal justice system; customary law offences; police investigation and interrogation; issues of evidence and procedure including unsworn statements, juries and interpreters; proof of customary law including scope of expert evidence; taking of evidence including group evidence, secrecy and privileged communications; customary methods of dispute settlement; special Aboriginal courts and justice schemes; relations with police; traditional hunting, fishing and gathering practices; relevant case law and legislation considered throughout.
With an analysis of the traditional, colonial, and contemporary experiences of indigenous Australians, this study examines various facets of the lives of Aboriginal Australians and shows how their struggles enrich the Australian community as a whole. Insightful and engaging, this reference presents an investigation on the continual struggle facing Aboriginals to maintain a strong identity and heritage while actively participating in and contributing to the modern world.
Revised edition of a ground-breaking study, first published in 1987, of the colonial authorities' attitudes to Aboriginal land ownership. Argues that the British government conceded land rights 150 years ago and that the British sovereignty did not imply ownership of the country. The author is a professor in history and politics at James Cook University whose other books include 'The Other Side of the Frontier'. This edition contains a postscript on the Mabo case, notes, an index and a bibliography.
This work is the first to assess the legality and impact of colonisation from the viewpoint of Aboriginal law, rather than from that of the dominant Western legal tradition. It begins by outlining the Aboriginal legal system as it is embedded in Aboriginal people’s complex relationship with their ancestral lands. This is Raw Law: a natural system of obligations and benefits, flowing from an Aboriginal ontology. This book places Raw Law at the centre of an analysis of colonisation – thereby decentring the usual analytical tendency to privilege the dominant structures and concepts of Western law. From the perspective of Aboriginal law, colonisation was a violation of the code of political and social conduct embodied in Raw Law. Its effects were damaging. It forced Aboriginal peoples to violate their own principles of natural responsibility to self, community, country and future existence. But this book is not simply a work of mourning. Most profoundly, it is a celebration of the resilience of Aboriginal ways, and a call for these to be recognised as central in discussions of colonial and postcolonial legality. Written by an experienced legal practitioner, scholar and political activist, AboriginalPeoples, Colonialism and International Law: Raw Law will be of interest to students and researchers of Indigenous Peoples Rights, International Law and Critical Legal Theory.
This book exposes the passion and courage of the man behind the public face and reveals how a childhood growing up in a fringe camp on the outskirts of Cunnamulla in south-west Queensland, fired his determination to fight for human rights. On a journey marked by controversy, he has advanced from one legal battle to another.
The new world created through Anglophone emigration in the 19th century has been much studied. But there have been few accounts of what this meant for the Indigenous populations. This book shows that Indigenous communities tenaciously held land in the midst of dispossession, whilst becoming interconnected through their struggles to do so.
This new work argues that a broad Indigenous rights framework is crucial to achieving positive change in the socio-economic disadvantage into which Indigenous Australians are born. It explains why addressing problems in Indigenous communities at a practical level needs to be done in conjunction with rights protection.
Delgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. The distinguished group of scholars whose work is showcased here, however, shows that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework. This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar developments in common law countries.
Lists books and articles, legislation, bibliographies and Aboriginal journals.