Indigenous Australians and the Law

Martin Hinton, Daryle Rigney, Elliott Johnston

• Publisher: Routledge-Cavendish
• Year: 2008
• ISBN:
  9781135314385
• Edition: 2
• Topic: Jura
• Subtopic: Rechtstheorie & -praxis

Bringing together a well-respected team of commentators, many of them indigenous Australians themselves, this revised and updated edition examines the legal, social and political developments that have taken place in Australia since the publication of the last edition.

Providing students with a greater understanding of the issues facing Indigenous Australians in the hope of contributing to reconciliation, the authors explore a broad range of developments, including: human rights and reconciliation in contemporary Australia; the demise of ATSIC; issues of indigenous governance and water rights.

Giving readers an incisive account of the resounding impact of social, political and legal conditions upon the Indigenous people of Australia and their interaction with and recourse to the law, this book is an excellent resource for those interested in the law of a coloniser or conqueror and its lasting impact upon first nations.

Table of contents

• Cover Page
• Title Page
• Copyright Page
• Acknowledgement
• Prologue
• Table of cases
• Table of legislation
• 1 Indigenous Australians and the legacy of European conquest: the ten years since 1997
• 2 The Royal Commission into Aboriginal Deaths in Custody: looking forward, looking backwards
• 3 Aboriginal women’s laws and lives: how might we keep growing the law?
• 4 Petrol sniffing
• 5 Aboriginal children in State care and the Stolen Generations: the South Australian Children in State Care Commission of Inquiry
• 6 Indigenous cultural expression and intellectual property
• 7 Aboriginal customary law and the common law
• 8 Indigenous Australians and sentencing
• 9 Water: Aboriginal peoples in Australia and their spiritual relationship with waterscapes
• 10 Land rights, Native Title and Indigenous land use agreements
• 11 Letters Patent, Native Title and the Crown in South Australia
• 12 Human rights and reconciliation in contemporary Australia (1991–2006)
• 13 Conflict-handling mechanisms in Australian reconciliation
• 14 Self-determination and the demise of the Aboriginal and Torres Strait Islander Commission
• 15 Recognition of the Indigenous people of Australia and their rights
• 16 Aboriginal representation in government