Indigenous Legal Judgments: Bringing Indigenous Voices into Judicial Decision Making

This book is a collection of rewritten legal decisions that include Indigenous peoples' stories, historical experiences, perspectives, and worldviews. It challenges narrow judicial interpretations of native title and delivers justice to the Stolen Generations and families who have experienced institutional and police racism. The new judgments are characterized by intersectional perspectives and draw on postcolonial, critical race, and whiteness theories.

Format: Paperback / softback
Length: 324 pages
Publication date: 28 June 2021
Publisher: Taylor & Francis Ltd

This book is a groundbreaking collection of reimagined legal decisions that have a profound impact on Indigenous Australians, encompassing their stories, historical experiences, perspectives, and worldviews. Through collaborative efforts between Indigenous and non-Indigenous scholars, 16 key legal decisions have been revised, spanning from 1889 to 2017. These judgments reflect the complex and evolving relationship between Indigenous peoples and Australian law, shedding light on the historical injustices and ongoing challenges they face.

The collection includes landmark decisions that perpetuated the wrongful application of terra nullius, disregarding the indigenous lands and rights of Indigenous peoples. It also highlights the long-standing denial of native title, which has denied recognition and compensation to Indigenous communities for their ancestral lands and resources.

In this transformative work, contributors have challenged narrow judicial interpretations of native title, advocating for a broader recognition of Indigenous rights and the restoration of their land and sovereignty. They have highlighted the ongoing impacts of dispossession, institutional racism, and police brutality on Indigenous communities, calling for justice and healing.

Exciting new voices have emerged in this collection, reclaiming Australian law to address the Stolen Generations and the experiences of families who have faced institutional and police racism. Contributors have demonstrated how judicial officers can use their power to challenge systemic racism and tell the stories of Indigenous people who have been dehumanized by the criminal justice system.

The new judgments in this book are characterized by intersectional perspectives that draw on postcolonial, critical race, and whiteness theories. Scholars have approached these decisions from various legal doctrines, offering innovative solutions and truth-telling forums. Some have envisioned new avenues for justice, highlighting the resilience and creative resistance of Indigenous people to oppression and exclusion. Others have questioned the ability of the legal system, which has been deeply intertwined with settler-colonialism, to deliver meaningful justice to Indigenous peoples.

This book serves as a powerful testament to the ongoing struggle for Indigenous rights and justice in Australia. It highlights the need for systemic change and the importance of collaboration between Indigenous and non-Indigenous communities to achieve a more inclusive and equitable society. It is a valuable resource for scholars, activists, policymakers, and anyone interested in understanding the complex legal and historical context of Indigenous peoples in Australia.

Weight: 600g
Dimension: 155 x 234 x 22 (mm)
ISBN-13: 9780367467456