 | Indigenous Legal Judgments: Bringing Indigenous Voices into Judicial Decision Making Subjects: Humanities; Law; Politics & International Relations; Development Studies Environment Social Work Urban Studies; Social Sciences; Australian Law; Family Child & Social Welfare Law; Human Rights Law & Civil Liberties; International Law - Law; Land Law; Legal Skills Method & System; Legal Theory; History; Cultural Studies; Criminology - Law; Jurisprudence & General Issues; Socio-Legal Studies; Government; International Relations; Political Philosophy; Political Behavior and Participation; Cultural Studies; Anthropology - Soc Sci; Sociology & Social Policy; Criminology and Criminal Justice; World/ International History; Imperial & Colonial History; Social & Cultural History; Political History; Legal History; Race & Ethnicity; Criminal Justice - Criminology; Foundations of Law; Legal History; Socio-Legal Studies - International Law & Politics; Protest Movements; International Law; Human Rights; Law & Society; Post Colonial Discourse; Indigenous Peoples; Historical Sociology; Criminology and Law; Regional Anthropology; Race & Ethnic Studies; 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. Heather Douglas is a Professor at the Melbourne Law School, The University of Melbourne. Nicole Watson is a Munanjali and Birri Gubba woman from south-east Queensland. Nicole is an Associate Professor and Director of the Academic Unit, Nura Gili Centre for Indigenous Programs, University of New South Wales. |
