Download or read book Background Paper on the Approach of Australian Courts to Aboriginal Customary Law in the Areas of Criminal Civil and Family Law written by Victoria Williams and published by . This book was released on 2003 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper is intended to provide a broad summary of the approach of Australian courts to Aboriginal customary law in the areas of criminal law, civil law and family law. Because this paper was produced to inform the Law Reform Commission of Western Australia's Aboriginal customary law reference, the primary focus of the paper is the development of the common law position on customary law in Western Australia. However, there are instances where there is no Western Australian precedent or where the law has been shaped by decisions of courts in other states or territories or by the High Court. This paper therefore refers extensively to relevant cases in all Australian jurisdictions.

Download or read book Background Paper on Aboriginal Customary Law in the Context of Western Australian Constitutional Law written by Steven Churches and published by . This book was released on 2005 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Indigenous Crime and Settler Law written by H. Douglas and published by Springer. This book was released on 2012-08-21 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a break from the contemporary focus on the law's response to inter-racial crime, the authors examine the law's approach to the victimization of one Indigenous person by another. Drawing on a wealth of archival material relating to homicides in Australia, they conclude that settlers and Indigenous peoples still live in the shadow of empire.

Download or read book Indigenous People Crime and Punishment written by Thalia Anthony and published by Routledge. This book was released on 2013-07-24 with total page 295 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 drawing also on the Canadian experiences, Thalia Anthony critically analyses how the judiciary have interpreted Indigenous difference. Through an analysis of Indigenous sentencing remarks over a fifty year period in a number of jurisdictions, the book demonstrates how judicial discretion is moulded to dominant white 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 concessions as it is to grant them. Indigenous People, Crime and Punishment suggests that Indigenous justice requires a two-way recognition process where Indigenous people and legal systems are afforded greater control in sentencing, dispute resolution and Indigenous healing.

Download or read book Background Paper on Aboriginal Women s Interests in Customary Law Recognition written by Catherine Wohlan and published by . This book was released on 2005 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Aboriginal Customary Law written by Greg McIntyre and published by . This book was released on 2005 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Background Paper on International Human Rights Law and the Recognition of Aboriginal Customary Law written by Megan Davis and published by . This book was released on 2005 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Family Law and Customary Law written by Antonio Buti and published by . This book was released on 2004 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Recognition of Aboriginal Customary Laws written by Australia. Law Reform Commission and published by Australian Government Publishing Service. This book was released on 1986 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Indigenous Legal Relations in Australia written by Larissa Behrendt and published by Oxford University Press, USA. This book was released on 2009 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book looks at Indigenous peoples' contact with Anglo-Australian law, and deals primarily with the problems the imposed law has had in its relationship with Indigenous people in Australia. This is supplemented by comparative sections on Indigenous peoples' experience of imposed law in other settler jurisdictions such as NZ, Canada and the US. The book covers issues relating to sovereignty, jurisdiction and territorial acquisition; family law and child protection; criminal law, policing and sentencing; land rights and native title; cultural heritage, heritage protection and intellectual property; anti-discrimination law; international human rights law; constitutional law; social justice, self-determination and treaty issues."--From information provided by publisher.

Download or read book Caught in the Middle written by Michael Cooke and published by . This book was released on 2004 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: In addition to the mental gymnastics required to interpret between parties who share limited cultural, linguistic and conceptual common ground, Indigenous interpreters may face overwhelming tension between their professional role and the effects of their responsibilities and restrictions under customary law. There are also associated pressures from having their relatives as clients, together with false community perceptions about an interpreter's role. As a result, there are instances where interpreters cannot be found for particular cases or where competent and experienced interpreters refuse to work in legal contexts where these tensions merge most severely. The purpose of this background paper is to expose and explore these issues relating to the impact of customary law upon the work and welfare of Indigenous interpreters operating in legal conexts, with the primary focus here being the criminal justice system.

Download or read book Aboriginal People Criminal Law and Sentencing written by Philip Vincent and published by . This book was released on 2005 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Intellectual Property and Indigenous Peoples Symposium written by and published by . This book was released on 2009 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Non Adversarial Justice written by Michael King and published by Federation Press. This book was released on 2014-07-04 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book outlines key aspects of the use of non-adversarial practices in the Australian justice system with reference to similar developments in the United States, Canada, New Zealand and the United Kingdom. It examines in detail non-adversarial theories and practices such as therapeutic jurisprudence, restorative justice, preventive law, creative problem solving, holistic law, appropriate or alternative dispute resolution, collaborative law, problem-oriented courts, diversion programs, indigenous courts, coroners courts and managerial and administrative procedures.

Download or read book Canadian Journal of Law and Society written by and published by . This book was released on 2004 with total page 900 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Sovereignty Statehood and State Responsibility written by Christine Chinkin and published by Cambridge University Press. This book was released on 2015-02-12 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays focusses on the following concepts: sovereignty (the unique, intangible and yet essential characteristic of states), statehood (what it means to be a state, and the process of acquiring or losing statehood) and state responsibility (the legal component of what being a state entails). The unifying theme is that they have always been and will in the future continue to form a crucial part of the foundations of public international law. While many publications focus on new actors in international law such as international organisations, individuals, companies, NGOs and even humanity as a whole, this book offers a timely, thought-provoking and innovative reappraisal of the core actors on the international stage: states. It includes reflections on the interactions between states and non-state actors and on how increasing participation by and recognition of the latter within international law has impacted upon the role and attributes of statehood.

Download or read book The Oxford Handbook of Global Legal Pluralism written by Paul Schiff Berman and published by Oxford University Press, USA. This book was released on 2020-09-24 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--