Tradition and Change in Australian Law
Tradition and Change in Australian Law

Author: Patrick Parkinson

Publisher: Lawbook Company

Published: 2001

Total Pages: 304

ISBN-13:

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This book examines the tradition of law in Australia & the tension between adherence to tradition & the demands of change & renewal for the legal system. The author argues that the greatest challenge the legal system faces is the challenge of inclusion -- to make the legal system one to which all Australians have access & in which all Australians are able to make their voices heard. The new edition takes account of recently published work in Australian legal history, including the Wik case & the native title debate, the debate about a Republic, changes in the Australian court system, developments in legal reasoning & statutory interpretation, & the problems of access to justice.

The Trouble with Tradition
The Trouble with Tradition

Author: Simon Young

Publisher: Federation Press

Published: 2008

Total Pages: 534

ISBN-13: 9781862876477

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This book is a broad and detailed examination of the native title jurisprudence in the US, Canada, New Zealand and Australia, with a specific focus on the handling of Indigenous community changes in each country's case law.

The Oxford Handbook of Global Legal Pluralism
The Oxford Handbook of Global Legal Pluralism

Author: Paul Schiff Berman

Publisher: Oxford University Press, USA

Published: 2020-09-24

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"--

Law Essentials
Law Essentials

Author: Claire Macken

Publisher:

Published: 2011

Total Pages: 435

ISBN-13: 9780455228969

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This is a textbook written especially for first year LLB students. It is intended to be a complete resource for students commencing a law degree in Australia and to be used in foundational law units offered in Australian universities for first year LLB students. The textbook will give students insight into the operation of the Australian legal system and law making in Australia as well as guidance on skills such as legal reasoning, researching and writing which they will need to develop in order to successfully navigate their law degree. Students will gain an understanding of the requirements and process for admission to practice as an Australian lawyer as well as tips for developing fundamental skills for surviving and thriving as a law student. In short, the text will comprise a dual focus of knowledge and skills to equip first year students with a solid foundation for their law studies.

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 Impact of the Law
The Impact of the Law

Author: John Witte

Publisher: Wipf and Stock Publishers

Published: 2022-07-28

Total Pages: 289

ISBN-13: 166675062X

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This volume addresses whether, how, and where laws (variously defined) teach values and shape moral character in late modern liberal societies. Each author recognizes the essential value of state law in fostering peace, security, health, education, charity, trade, democracy, constitutionalism, justice, and human rights, among many other moral goods. Each author also recognizes, however, the grave betrayals of law in supporting fascism, slavery, apartheid, genocide, persecution, violence, racism, and other forms of immorality and injustice. They thus call for state laws that set a basic civil morality of duty for society and for robust freedoms that protect private individuals and private groups to cultivate a higher morality of aspiration. With contributions by Rüdiger Bittner, Brian Bix, Frank Brennan, Allen Calhoun, Robert F. Cochran, Jr., Kenneth John Crispin, Jean Bethke Elshtain, E. Allan Farnsworth, James E. Fleming, M. Cathleen Kaveny, Ute Mager, Linda C. McClain, Reid Mortensen, Patrick Parkinson, Thomas Pfeiffer, Robert Vosloo, Michael Welker, and John Witte, Jr.