Aboriginal Women, Law and Critical Race Theory
Aboriginal Women, Law and Critical Race Theory

Author: Nicole Watson

Publisher: Palgrave Macmillan

Published: 2021-12-21

Total Pages:

ISBN-13: 9783030873264

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This book explores storytelling as an innovative means of improving understanding of Indigenous people and their histories and struggles including with the law. It uses the Critical Race Theory (‘CRT’) tool of ‘outsider’ or ‘counter’ storytelling to illuminate the practices that have been used by generations of Aboriginal women to create an outlaw culture and to resist their invisibility to law. Legal scholars are yet to use storytelling to bring the experiential knowledge of Aboriginal women to the centre of legal scholarship and yet this book demonstrates how this can be done by way of a new methodology that combines elements of CRT with speculative biography. In one chapter, the author tells the imagined story of Eliza Woree who featured prominently in the backdrop to the decision of the Supreme Court of Queensland in Dempsey v Rigg (1914) but whose voice was erased from the judgements. This accessible book adds a new and innovative dimension to the use of CRT to examine the nexus between race and settler colonialism. It speaks to those interested in Indigenous peoples and the law, Indigenous studies, Indigenous policy, Aboriginal and Torres Strait Islander history, feminist studies, race and the law, and cultural studies.

Aboriginal Women, Law and Critical Race Theory
Aboriginal Women, Law and Critical Race Theory

Author: Nicole Watson

Publisher: Springer Nature

Published: 2021-12-10

Total Pages: 108

ISBN-13: 3030873277

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This book explores storytelling as an innovative means of improving understanding of Indigenous people and their histories and struggles including with the law. It uses the Critical Race Theory (‘CRT’) tool of ‘outsider’ or ‘counter’ storytelling to illuminate the practices that have been used by generations of Aboriginal women to create an outlaw culture and to resist their invisibility to law. Legal scholars are yet to use storytelling to bring the experiential knowledge of Aboriginal women to the centre of legal scholarship and yet this book demonstrates how this can be done by way of a new methodology that combines elements of CRT with speculative biography. In one chapter, the author tells the imagined story of Eliza Woree who featured prominently in the backdrop to the decision of the Supreme Court of Queensland in Dempsey v Rigg (1914) but whose voice was erased from the judgements. This accessible book adds a new and innovative dimension to the use of CRT to examine the nexus between race and settler colonialism. It speaks to those interested in Indigenous peoples and the law, Indigenous studies, Indigenous policy, Aboriginal and Torres Strait Islander history, feminist studies, race and the law, and cultural studies.

Decolonisation, Anti-Racism, and Legal Pedagogy
Decolonisation, Anti-Racism, and Legal Pedagogy

Author: Foluke I Adebisi

Publisher: Taylor & Francis

Published: 2023-12-08

Total Pages: 307

ISBN-13: 1003821731

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This book offers an international breadth of historical and theoretical insights into recent efforts to "decolonise" legal education across the world. With a specific focus on post- and decolonial thought and anti-racist methods in pedagogy, this edited collection provides an accessible illustration of pedagogical innovation in teaching and learning law. Chapters cover civil and common law legal systems, incorporate cases from non-state Indigenous legal systems, and critically examine key topics such as decolonisation and anti-racism in criminology, colonialism and the British Empire, and court process and Indigenous justice. The book demonstrates how teaching can be modified and adapted to address long-standing injustice in the curriculum. Offering a systematic collection of theoretical and practical examples of anti-racist and decolonial legal pedagogy, this volume will appeal to curriculum designers and law educators as well as to undergraduate and post-graduate law level teachers and researchers.

Research Handbook on Feminist Political Thought
Research Handbook on Feminist Political Thought

Author: Mary Caputi

Publisher: Edward Elgar Publishing

Published: 2024-05-02

Total Pages: 513

ISBN-13: 1800889135

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Illustrating the collective power and relevance of feminist theory today, Mary Caputi and Patricia Moynagh have carefully selected a diverse international range of leading scholars and activists to critically assess key social and political challenges in the twenty-first century. This Research Handbook demonstrates a variety of feminist analyses that offer compelling insights into an array of topics, including police brutality, the carceral state, racial and sexualised violence, trans rights, climate change, and the denial of reproductive rights.

Women's Legal Strategies in Canada
Women's Legal Strategies in Canada

Author: Radha Jhappan

Publisher: University of Toronto Press

Published: 2002-01-01

Total Pages: 428

ISBN-13: 9780802076670

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Have Canadian women gained from their pursuit of legal remedies to social, political, economic, and cultural inequalities? Is law a fruitful avenue for such struggles? Using liberal feminist, postmodern, critical, race, and queer theory, these essays confront the anti-rights critiques of the legal Left regarding the use of law in general and the Charter in particular. Several chapters explicitly examine the strategic limits and possibilities of the substantive equality rights approaches pursued by LEAF (The Women's Legal Education and Action Fund). Others focus on legal strategies mobilized in discreet areas of law and public policy by foreign domestic workers and racialized women, lesbians, women seeking reproductive freedom, women in the childcare movement, and anti-violence advocates. Recognizing the diversity of women across class, citizenship, race and ethnicity, sexual identity, culture, and (dis)ability, this collection evaluates the efficacy of the wide range of legal and political strategies women have employed, particularly in this post-Charter era. Women's Legal Strategies in Canada is the most comprehensive account of these important issues and will surely become the standard work in the field.

Crossroads, Directions and A New Critical Race Theory
Crossroads, Directions and A New Critical Race Theory

Author: Francisco Valdes

Publisher: Temple University Press

Published: 2002-08-12

Total Pages: 466

ISBN-13: 9781566399302

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Its opponents call it part of "the lunatic fringe," a justification for "black separateness," "the most embarrassing trend in American publishing." "It" is Critical Race Theory. But what is Critical Race Theory? How did it develop? Where does it stand now? Where should it go in the future? In this volume, thirty-one CRT scholars present their views on the ideas and methods of CRT, its role in academia and in the culture at large, and its past, present, and future. Critical race theorists assert that both the procedures and the substance of American law are structured to maintain white privilege. The neutrality and objectivity of the law are not just unattainable ideals; they are harmful actions that obscure the law's role in protecting white supremacy. This notion—so obvious to some, so unthinkable to others—has stimulated and divided legal thinking in this country and, increasingly, abroad. The essays in Crossroads, Directions, and a New Critical Race Theory—all original—address this notion in a variety of helpful and exciting ways. They use analysis, personal experience, historical narrative, and many other techniques to explain the importance of looking critically at how race permeates our national consciousness.

The Routledge Handbook of Cultural Legal Studies
The Routledge Handbook of Cultural Legal Studies

Author: Karen Crawley

Publisher: Taylor & Francis

Published: 2024-05-20

Total Pages: 562

ISBN-13: 1040013287

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This handbook provides a comprehensive introduction to the cutting-edge field of cultural legal studies. Cultural legal studies is at the forefront of the legal discipline, questioning not only doctrine or social context, but how the concerns of legality are distributed and encountered through a range of material forms. Growing out of the interdisciplinary turn in critical legal studies and jurisprudence that took place in the latter quarter of the 20th century, cultural legal studies exists at the intersection of a range of traditional disciplinary areas: legal studies, cultural studies, literary studies, jurisprudence, media studies, critical theory, history, and philosophy. It is an area of study that is characterised by an expanded or open-ended conception of what ‘counts’ as a legal source, and that is concerned with questions of authority, legitimacy, and interpretation across a wide range of cultural artefacts. Including a mixture of established and new authors in the area, this handbook brings together a complex set of perspectives that are representative of the current field, but which also address its methods, assumptions, limitations, and possible futures. Establishing the significance of the cultural for understanding law, as well as its importance as a potential site for justice, community, and sociality in the world today, this handbook is a key reference point both for those working in the cultural legal context – in legal theory, law and literature, law and film/television, law and aesthetics, cultural studies, and the humanities generally – as well as others interested in the interactions between authority, culture, and meaning.

Marginalised Voices in Criminology
Marginalised Voices in Criminology

Author: Kelly J. Stockdale

Publisher: Taylor & Francis

Published: 2024-03-11

Total Pages: 218

ISBN-13: 1003850499

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This book is about people who are marginalised in criminology; it is an attempt to make space and amplify voices that are too often overlooked, spoken about, or for. In recognising the deep-seated structural inequalities that exist within criminal justice, higher education, and the field of criminology, we offer this text as a critical pause to the reader and invite you to reflect and consider within your studies and learning experience, your teaching, and your research: whose voices dominate, and whose are marginalised or excluded within criminology and why? This edited collection offers chapters from international criminology scholars, activists, and practitioners to bring together a range of perspectives that have been marginalised or excluded from criminological discourse. It considers both obscured and marginalised criminological theorists and schools of thought, presents alternative viewpoints on ‘traditional’ criminal justice themes, and considers how marginalisation is perpetuated through criminological research and criminological teaching. Engaging with debates on power, colonialism, identity, hegemony and privilege, and bringing together perspectives on gender, race and ethnicity, indigenous knowledge (s), queer and LGBTQ+ issues, disabilities, and class, this concise collection brings together key thinkers and ideas around concerns about epistemological supremacy. Marginalised Voices in Criminology is crucial reading for courses on criminological theory and concerns, diversity, gender, race, and identity.

Feminism, Postfeminism and Legal Theory
Feminism, Postfeminism and Legal Theory

Author: Dorota Gozdecka

Publisher: Routledge

Published: 2018-12-19

Total Pages: 280

ISBN-13: 1351040405

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There is much debate about postfeminism, what it is, and its role in feminist politics. Whilst postfeminism has become increasingly influential in the study of literature, popular culture, and philosophy, it has so far received comparatively little attention in law. This book aims to remedy this situation. The book brings together feminist legal scholars working in different contexts to examine the idea of postfeminism and assess its contemporary relevance. It explores a range of questions including the following: Does postfeminism describe an age that follows modernism, an age where identity politics has realised its goals and feminism is no longer needed? Or does postfeminism describe the feminism of a postmodernist age where identity can mean anything at all? Or, differently again, does the term capture a ‘new feminism’ that discredits feminism and attempts to reshape its political consciousness? And what might the answers to these questions mean for law and legal theory, and a feminist politics of law reform?