Download or read book Indigenous Legal Judgments written by Nicole Watson and published by Routledge. This book was released on 2021-06-27 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. 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. 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.
Download or read book Indigenous law and the state written by Bradford W. Morse and published by Walter de Gruyter GmbH & Co KG. This book was released on 2019-11-18 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: No detailed description available for "Indigenous law and the state".
Download or read book Indigenous Legal Issues written by John J. Borrows and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: For over 20 years, this national casebook has included comprehensive coverage of foundational legal issues and jurisprudence affecting Indigenous peoples in Canada, contextualising them within their larger cultural, political and sociological framework. The 6th edition of Indigenous Legal Issues: Cases, Materials Commentary follows in the tradition of its predecessors and has been updated with a new name and the most current Supreme Court of Canada jurisprudence at the time of publication. As with previous editions, the 6th edition includes chapters containing case law and original commentary on a wide variety of issues of importance to both Indigenous and non-Indigenous peoples in Canada. The book is adaptable for use in introductory, advanced, or specialized courses and provides useful analysis and insight from the authors, both of whom have had their publications cited in multiple judgments by the Supreme Court of Canada. This book also contains insights into questions courts have left unanswered, providing readers with ideas about how the law will develop in the future. What's New In This Edition Updated use of the term "Aboriginal" to "Indigenous" throughout the book, including the publication title itself as well as several chapter headings Discussion of new Supreme Court of Canada cases since the previous edition published in 2018 New insightful commentary Who Should Read This Book Indigenous Legal Issues: Cases, Materials Commentary, 6th Edition is intended to be a general reference work for lawyers, judges, Indigenous chiefs and council members, Metis and Inuit leaders, and policy makers for governments and businesses who work with Indigenous people.
Download or read book The Literary and Legal Genealogy of Native American Dispossession written by George D. Pappas and published by Routledge. This book was released on 2018-02-05 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Literary and Legal Genealogy of Native American Dispossession offers a unique interpretation of how literary and public discourses influenced three U.S. Supreme Court Rulings written by Chief Justice John Marshall with respect to Native Americans. These cases, Johnson v. M¿Intosh (1823), Cherokee Nation v. Georgia (1831) and Worcester v. Georgia (1832), collectively known as the Marshall Trilogy, have formed the legal basis for the dispossession of indigenous populations throughout the Commonwealth. The Trilogy cases are usually approached as ¿pure¿ legal judgments. This book maintains, however, that it was the literary and public discourses from the early sixteenth through to the early nineteenth centuries that established a discursive tradition which, in part, transformed the American Indians from owners to ¿mere occupants¿ of their land. Exploring the literary genesis of Marshall¿s judgments, George Pappas draws on the work of Michel Foucault, Edward Said and Homi Bhabha, to analyse how these formative U.S. Supreme Court rulings blurred the distinction between literature and law.
Download or read book Aboriginal Title written by P. G. McHugh and published by OUP Oxford. This book was released on 2011-08-18 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aboriginal title represents one of the most remarkable and controversial legal developments in the common law world of the late-twentieth century. Overnight it changed the legal position of indigenous peoples. The common law doctrine gave sudden substance to the tribes' claims to justiciable property rights over their traditional lands, catapulting these up the national agenda and jolting them out of a previous culture of governmental inattention. In a series of breakthrough cases national courts adopted the argument developed first in western Canada, and then New Zealand and Australia by a handful of influential scholars. By the beginning of the millennium the doctrine had spread to Malaysia, Belize, southern Africa and had a profound impact upon the rapid development of international law of indigenous peoples' rights. This book is a history of this doctrine and the explosion of intellectual activity arising from this inrush of legalism into the tribes' relations with the Anglo settler state. The author is one of the key scholars involved from the doctrine's appearance in the early 1980s as an exhortation to the courts, and a figure who has both witnessed and contributed to its acceptance and subsequent pattern of development. He looks critically at the early conceptualisation of the doctrine, its doctrinal elaboration in Canada and Australia - the busiest jurisdictions - through a proprietary paradigm located primarily (and constrictively) inside adjudicative processes. He also considers the issues of inter-disciplinary thought and practice arising from national legal systems' recognition of aboriginal land rights, including the emergent and associated themes of self-determination that surfaced more overtly during the 1990s and after. The doctrine made modern legal history, and it is still making it.
Download or read book Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts written by Bertus de Villiers and published by BRILL. This book was released on 2021-08-30 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on trend-setting judgments in different parts of the world that impacted on the rights of persons belonging to minorities and Indigenous people. The cases illustrate how the judiciary has been called upon to fill out the detail of minority protection arrangements and how, in doing so, in many instances the judiciary has taken the respective countries on a course that parliament may not have been able to navigate. In this book authors from various backgrounds in the practical application of minority protection arrangements investigate the role of the judiciary in constitutional arrangements aimed at the protection of the rights of minorities and Indigenous peoples.
Download or read book Important Judgments written by Land Court Office Native Land Court Office and published by Kessinger Publishing. This book was released on 2008-10-01 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.
Download or read book The Literary and Legal Genealogy of Native American Dispossession written by George D. Pappas (Lawyer) and published by . This book was released on 2016 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Literary and Legal Genealogy of Native American Dispossession offers a unique interpretation of how literary and public discourses influenced three U.S. Supreme Court Rulings written by Chief Justice John Marshall with respect to Native Americans. These cases," Johnson v. M Intosh "(1823), "Cherokee Nation v. Georgia "(1831) and "Worcester v. Georgia "(1832), collectively known as the Marshall Trilogy, have formed the legal basis for the dispossession of indigenous populations throughout the Commonwealth. The Trilogy cases are usually approached as pure legal judgments. This book maintains, however, that it was the literary and public discourses from the early sixteenth through to the early nineteenth centuries that established a discursive tradition which, in part, transformed the American Indians from owners to mere occupants of their land. Exploring the literary genesis of Marshall s judgments, George Pappas draws on the work of Michel Foucault, Edward Said and Homi Bhabha, to analyze how these formative U.S. Supreme Court rulings blurred the distinction between literature and law. "
Download or read book Law as if Earth Really Mattered written by Nicole Rogers and published by Taylor & Francis. This book was released on 2017-04-21 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of judgments drawn from the innovative Wild Law Judgment Project. In participating in the Wild Law Judgment Project, which was inspired by various feminist judgment projects, contributors have creatively reinterpreted judicial decisions from an Earth-centred point of view by rewriting existing judgments, or creating fictional judgments, as wild law. Authors have confronted the specific challenges of aligning existing Western legal systems with Thomas Berry’s philosophy of Earth jurisprudence through judgment writing and rewriting. This book thus opens up judicial decision-making and the common law to critical scrutiny from a wild law or Earth-centred perspective. Based upon ecocentric rather than human-centred or anthropocentric principles, Earth jurisprudence poses a unique critical challenge to the dominant anthropocentric or human-centred focus and orientation of the common law. The authors interrogate the anthropocentric and property rights assumptions embedded in existing common law by placing Earth and the greater community of life at the centre of their rewritten and hypothetical judgments. Covering areas as diverse as tort law, intellectual property law, criminal law, environmental law, administrative law, international law, native title law and constitutional law, this unique collection provides a valuable tool for practitioners and students who are interested in learning more about the emerging ecological jurisprudence movement. It helps us to see more clearly what a new system of law might look like: one in which Earth really matters.
Download or read book Australian Feminist Judgments written by Heather Douglas and published by Bloomsbury Publishing. This book was released on 2014-11-20 with total page 780 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together feminist academics and lawyers to present an impressive collection of alternative judgments in a series of Australian legal cases. By re-imagining original legal decisions through a feminist lens, the collection explores the possibilities, limits and implications of feminist approaches to legal decision-making. Each case is accompanied by a brief commentary that places it in legal and historical context and explains what the feminist rewriting does differently to the original case. The cases not only cover topics of long-standing interest to feminist scholars – such as family law, sexual offences and discrimination law – but also areas which have had less attention, including Indigenous sovereignty, constitutional law, immigration, taxation and environmental law. The collection contributes a distinctly Australian perspective to the growing international literature investigating the role of feminist legal theory in judicial decision-making.
Download or read book Asian Indigenous Law written by Chiba and published by . This book was released on 2013-05-22 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1986. Routledge is an imprint of Taylor & Francis, an informa company.
Download or read book Indigenous law bulletin written by N.S.W.) Aboriginal Law Centre (Sydney and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Indigenous Legal Traditions written by Law Commission of Canada and published by . This book was released on 2007 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although Indigenous peoples were the earliest practitioners of law in Canada, their legal systems have often been ignored or overruled by non-Indigenous laws. Under colonialism, Indigenous legal traditions lost much of their influence. Today, however, they are recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities, and they are being reinvigorated in many Aboriginal communities. The relationship between Indigenous and Canadian legal orders, the importance of Indigenous legal traditions for Aboriginal communities' autonomy, and the ways in which these traditions might be recognized and given space in the Canadian legal landscape are common threads linking the essays in this collection. Examining different aspects of and models for the recognition of Indigenous legal orders, these essays address important issues relating to legal pluralism. Indigenous Legal Traditions offers new perspectives on reclaiming and preserving the autonomy of Aboriginal communities and in reconciling these communities' relationship with Canadian governments. It will be of interest to a wide audience, including lawyers and legal academics, teachers, students, policy makers, and members of Aboriginal communities. The Law Commission of Canada is an independent federal law reform agency that advises Parliament on how to improve and modernize Canada's laws. Contributors include Dawnis Kennedy, Andrée Lajoie, Ghislain Otis, Ted Palys and Wenona Victor, Paulette Regan, and Perry Shawana.
Download or read book Feminist Judgments written by Rosemary Hunter and published by Bloomsbury Publishing. This book was released on 2010-09-30 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: While feminist legal scholarship has thrived within universities and in some sectors of legal practice, it has yet to have much impact within the judiciary or on judicial thinking. Thus, while feminist legal scholarship has generated comprehensive critiques of existing legal doctrine, there has been little opportunity to test or apply feminist knowledge in practice, in decisions in individual cases. In this book, a group of feminist legal scholars put theory into practice in judgment form, by writing the 'missing' feminist judgments in key cases. The cases chosen are significant decisions in English law across a broad range of substantive areas. The cases originate from a variety of levels but are primarily opinions of the Court of Appeal or the House of Lords. In some instances they are written in a fictitious appeal, but in others they are written as an additional concurring or dissenting judgment in the original case, providing a powerful illustration of the way in which the case could have been decided differently, even at the time it was heard. Each case is accompanied by a commentary which renders the judgment accessible to a non-specialist audience. The commentary explains the original decision, its background and doctrinal significance, the issues it raises, and how the feminist judgment deals with them differently. The books also includes chapters examining the theoretical and conceptual issues raised by the process and practice of feminist judging, and by the judgments themselves, including the possibility of divergent feminist approaches to legal decision-making. From the foreword by Lady Hale 'Reading this book ought to be a chastening experience for any judge who believes himself or herself to be both true to their judicial oath and a neutral observer of the world... If lawyers and judges like me have so much to learn from reading this book, then surely other, more sceptical, lawyers and judges have even more to learn...other scholars, and not only feminists, must also be fascinated by the window it opens onto the process of judicial reasoning: not the straightforward, predetermined march from A to B of popular belief, but something altogether more complicated and uncertain. And anyone will find it a very good read.'
Download or read book Indigenous Legal Issues written by Heather McRae and published by Sydney : Lawbook Company. This book was released on 2003-01-01 with total page 732 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the legal issues arising from the coexistence in Australia of distinct societies with distinct laws. The authors share a belief that the law has contributed to the disadvantaged position of indigenous communities, but that the law also has a key role to play in the search for solutions towards reconciliation. The book examines the present socio-economic position of indigenous Australians & examines the successive phases of government policies. Other aspects covered in detail include the nature of indigenous laws, dispute resolution processes, the jurisprudence of colonialism, the survival/revival of indigenous political rights, land rights, native title, racial discrimination, criminal justice & child welfare. A final chapter surveys a number of outstanding issues of social justice & reconciliation.
Download or read book Indigenous People Crime and Punishment written by Thalia Anthony and published by . This book was released on 2015-05-21 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous People, Crime and Punishment examines criminal sentencing courts' changing characterisations of Indigenous peoples' identity, culture and postcolonial status. Focusing largely on Australian Indigenous peoples, but referring also to the Canadian and New Zealand experiences, Thalia Anthony critically analyzes how the judiciary have interpreted Indigenous difference. Through an analysis of Indigenous sentencing decisions and remarks over a fifty year period in a number of jurisdictions, the book demonstrates how discretion is moulded to cultural assumptions about Indigeneity. More specifically, Indigenous People, Crime and Punishment shows how the increasing demonisation of Indigenous criminality and culture in sentencing has turned earlier 'gains' in the legal recognition of Indigenous peoples on their head. The recognition of Indigenous difference is thereby revealed as a pliable concept that is just as likely to remove rights as it is to grant them.
Download or read book Like a Loaded Weapon written by Robert A. Williams and published by U of Minnesota Press. This book was released on 2005 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Robert A. Williams Jr. boldly exposes the ongoing legal force of the racist language directed at Indians in American society. Fueled by well-known negative racial stereotypes of Indian savagery and cultural inferiority, this language, Williams contends, has functioned “like a loaded weapon” in the Supreme Court’s Indian law decisions. Beginning with Chief Justice John Marshall’s foundational opinions in the early nineteenth century and continuing today in the judgments of the Rehnquist Court, Williams shows how undeniably racist language and precedent are still used in Indian law to justify the denial of important rights of property, self-government, and cultural survival to Indians. Building on the insights of Malcolm X, Thurgood Marshall, and Frantz Fanon, Williams argues that racist language has been employed by the courts to legalize a uniquely American form of racial dictatorship over Indian tribes by the U.S. government. Williams concludes with a revolutionary proposal for reimagining the rights of American Indians in international law, as well as strategies for compelling the current Supreme Court to confront the racist origins of Indian law and for challenging bigoted ways of talking, thinking, and writing about American Indians. Robert A. Williams Jr. is professor of law and American Indian studies at the James E. Rogers College of Law, University of Arizona. A member of the Lumbee Indian Tribe, he is author of The American Indian in Western Legal Thought: The Discourses of Conquest and coauthor of Federal Indian Law.
