The Recognition of Aboriginal Customary Laws

The Recognition of Aboriginal Customary Laws

Author: Australia. Law Reform Commission

Publisher: Australian Government Publishing Service

Published: 1986

Total Pages: 556

ISBN-13:

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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.


The Oxford Handbook of Global Legal Pluralism

The Oxford Handbook of Global Legal Pluralism

Author: Paul Schiff Berman

Publisher:

Published: 2020

Total Pages: 1133

ISBN-13: 0197516742

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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"--


Aboriginal Peoples, Colonialism and International Law

Aboriginal Peoples, Colonialism and International Law

Author: Irene Watson

Publisher: Routledge

Published: 2014-10-17

Total Pages: 204

ISBN-13: 1317938372

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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.


Aboriginal Australia

Aboriginal Australia

Author: Colin Bourke

Publisher: Macmillan

Published: 1998

Total Pages: 316

ISBN-13: 9780702230516

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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.


The Law of the Land

The Law of the Land

Author: Henry Reynolds

Publisher:

Published: 1992

Total Pages: 249

ISBN-13: 9780140167030

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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.


Achieving Social Justice

Achieving Social Justice

Author: Larissa Behrendt

Publisher: Federation Press

Published: 2003

Total Pages: 212

ISBN-13: 9781862874503

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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.


Indigenous Communities and Settler Colonialism

Indigenous Communities and Settler Colonialism

Author: Z. Laidlaw

Publisher: Springer

Published: 2015-03-30

Total Pages: 263

ISBN-13: 1137452366

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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.


Indigenous Peoples in International Law

Indigenous Peoples in International Law

Author: S. James Anaya

Publisher:

Published: 2004

Total Pages: 414

ISBN-13: 9780195173505

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In this thoroughly revised and updated edition of the first book-length treatment of the subject, S. James Anaya incorporates references to all the latest treaties and recent developments in the international law of indigenous peoples. Anaya demonstrates that, while historical trends in international law largely facilitated colonization of indigenous peoples and their lands, modern international law's human rights program has been modestly responsive to indigenous peoples' aspirations to survive as distinct communities in control of their own destinies. This book provides a theoretically grounded and practically oriented synthesis of the historical, contemporary and emerging international law related to indigenous peoples. It will be of great interest to scholars and lawyers in international law and human rights, as well as to those interested in the dynamics of indigenous and ethnic identity.


The N Word

The N Word

Author: Stephen Hagan

Publisher:

Published: 2005

Total Pages: 300

ISBN-13:

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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.