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This book explores storytelling as an innovative means of improving
understanding of Indigenous people and their histories and
struggles including with the law. It uses the Critical Race Theory
('CRT') tool of 'outsider' or 'counter' storytelling to illuminate
the practices that have been used by generations of Aboriginal
women to create an outlaw culture and to resist their invisibility
to law. Legal scholars are yet to use storytelling to bring the
experiential knowledge of Aboriginal women to the centre of legal
scholarship and yet this book demonstrates how this can be done by
way of a new methodology that combines elements of CRT with
speculative biography. In one chapter, the author tells the
imagined story of Eliza Woree who featured prominently in the
backdrop to the decision of the Supreme Court of Queensland in
Dempsey v Rigg (1914) but whose voice was erased from the
judgements. This accessible book adds a new and innovative
dimension to the use of CRT to examine the nexus between race and
settler colonialism. It speaks to those interested in Indigenous
peoples and the law, Indigenous studies, Indigenous policy,
Aboriginal and Torres Strait Islander history, feminist studies,
race and the law, and cultural 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.
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.
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