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Author: Jeannine M. Purdy
Publisher: Routledge
ISBN: 0429872739
Category : Social Science
Languages : en
Pages : 492
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Book Description
Published in 1997. It is well known in Australia that Aboriginal people are currently massively over-represented amongst the prison population. Although it is not officially acknowledged to the same degree in Trinidad, it is also well-known that Afro-Trinidadians are over-represented in the prisons of that county. The disproportionate criminalisation of Aboriginal Australians and Afro-Trinidadians is interpreted by the author as a continuation and concretion of the myth of the barbaric, uncivilised and ungoverned ‘savage; in opposition to which Western legal systems and societies have created their own identities. The book departs from much contemporary analysis in this area by drawing strongly upon a historical analysis of the operations of the common law in Trinidad and Western Australia. By doing so, the book illustrates that race/ethnicity and criminalisation are not necessarily contiguous. What such analysis does reveal is another and more constant dimension to criminalisation; and that is economic basis of many of the legal relations instituted under British derived legal systems with respect to colonised peoples.
Author: Jeannine M. Purdy
Publisher: Routledge
ISBN: 0429872739
Category : Social Science
Languages : en
Pages : 492
Get Book Here
Book Description
Published in 1997. It is well known in Australia that Aboriginal people are currently massively over-represented amongst the prison population. Although it is not officially acknowledged to the same degree in Trinidad, it is also well-known that Afro-Trinidadians are over-represented in the prisons of that county. The disproportionate criminalisation of Aboriginal Australians and Afro-Trinidadians is interpreted by the author as a continuation and concretion of the myth of the barbaric, uncivilised and ungoverned ‘savage; in opposition to which Western legal systems and societies have created their own identities. The book departs from much contemporary analysis in this area by drawing strongly upon a historical analysis of the operations of the common law in Trinidad and Western Australia. By doing so, the book illustrates that race/ethnicity and criminalisation are not necessarily contiguous. What such analysis does reveal is another and more constant dimension to criminalisation; and that is economic basis of many of the legal relations instituted under British derived legal systems with respect to colonised peoples.
Author: Theodore Frank Thomas Plucknett
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584771372
Category : Common law
Languages : en
Pages : 828
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Book Description
Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
Author: Olufunmilayo B. Arewa
Publisher: Cambridge University Press
ISBN: 1009064223
Category : Law
Languages : en
Pages : 665
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Book Description
In the digital era, many African countries sit at the crossroads of a potential future that will be shaped by digital-era technologies with existing laws and institutions constructed under conditions of colonial and post-colonial authoritarian rule. In Disrupting Africa, Olufunmilayo B. Arewa examines this intersection and shows how it encompasses existing and new zones of contestation based on ethnicity, religion, region, age, and other sources of division. Arewa highlights specific collisions between the old and the new, including in the 2020 #EndSARS protests in Nigeria, which involved young people engaging with varied digital era technologies who provoked a violent response from rulers threatened by the prospect of political change. In this groundbreaking work, Arewa demonstrates how lawmaking and legal processes during and after colonialism continue to frame contexts in which digital technologies are created, implemented, regulated, and used in Africa today.
Author: Irene Watson
Publisher: Routledge
ISBN: 1317938372
Category : History
Languages : en
Pages : 204
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Book Description
This work is the first to assess the legality and impact of colonisation from the viewpoint of Aboriginal law, rather than from that of the dominant Western legal tradition. It begins by outlining the Aboriginal legal system as it is embedded in Aboriginal people’s complex relationship with their ancestral lands. This is Raw Law: a natural system of obligations and benefits, flowing from an Aboriginal ontology. This book places Raw Law at the centre of an analysis of colonisation – thereby decentring the usual analytical tendency to privilege the dominant structures and concepts of Western law. From the perspective of Aboriginal law, colonisation was a violation of the code of political and social conduct embodied in Raw Law. Its effects were damaging. It forced Aboriginal peoples to violate their own principles of natural responsibility to self, community, country and future existence. But this book is not simply a work of mourning. Most profoundly, it is a celebration of the resilience of Aboriginal ways, and a call for these to be recognised as central in discussions of colonial and postcolonial legality. Written by an experienced legal practitioner, scholar and political activist, AboriginalPeoples, Colonialism and International Law: Raw Law will be of interest to students and researchers of Indigenous Peoples Rights, International Law and Critical Legal Theory.
Author: Ulla Secher
Publisher: Bloomsbury Publishing
ISBN: 1782253777
Category : Law
Languages : en
Pages : 667
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Book Description
Described as 'ground-breaking' in Kent McNeil's Foreword, this book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically demonstrated. While the jurisprudential underpinnings for the doctrine are consistent with fundamental common law principles, the author explains that the Australian High Court's decision in Mabo provides a broader basis for the doctrine: a broader basis which is consistent with a re-evaluation of case-law from former British colonies in Africa, as well as from the United States, New Zealand and Canada. In this context, the book proffers a reconceptualisation of the Crown's title to land in former colonies and a reassessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity. 'With rare exceptions ... the existing literature does not probe as deeply or question fundamental assumptions as thoroughly as Dr Secher does in her research. She goes to the root of the conceptual problems around the legal nature of Indigenous land rights and their vulnerability to extinguishment in the former colonial empire of the Crown. This book is a formidable contribution that I expect will be influential in shifting legal thinking on Indigenous land rights in progressive new directions.' From the Foreword by Professor Kent McNeil (to read the Foreword please click on the 'sample chapter' link).
Author: Martin Chanock
Publisher: Heinemann Educational Publishers
ISBN: 9780325000169
Category : Customary law
Languages : en
Pages : 0
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Book Description
This book explores the historical formation during the colonial period of that part of African law know as customary law.
Author: Irene Watson
Publisher: Routledge
ISBN: 1317938364
Category : History
Languages : en
Pages : 304
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Book Description
This work is the first to assess the legality and impact of colonisation from the viewpoint of Aboriginal law, rather than from that of the dominant Western legal tradition. It begins by outlining the Aboriginal legal system as it is embedded in Aboriginal people’s complex relationship with their ancestral lands. This is Raw Law: a natural system of obligations and benefits, flowing from an Aboriginal ontology. This book places Raw Law at the centre of an analysis of colonisation – thereby decentring the usual analytical tendency to privilege the dominant structures and concepts of Western law. From the perspective of Aboriginal law, colonisation was a violation of the code of political and social conduct embodied in Raw Law. Its effects were damaging. It forced Aboriginal peoples to violate their own principles of natural responsibility to self, community, country and future existence. But this book is not simply a work of mourning. Most profoundly, it is a celebration of the resilience of Aboriginal ways, and a call for these to be recognised as central in discussions of colonial and postcolonial legality. Written by an experienced legal practitioner, scholar and political activist, AboriginalPeoples, Colonialism and International Law: Raw Law will be of interest to students and researchers of Indigenous Peoples Rights, International Law and Critical Legal Theory.
Author: Timothy Mitchell
Publisher: Univ of California Press
ISBN: 0520911660
Category : History
Languages : en
Pages : 237
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Book Description
Extending deconstructive theory to historical and political analysis, Timothy Mitchell examines the peculiarity of Western conceptions of order and truth through a re-reading of Europe's colonial encounter with nineteenth-century Egypt.
Author: Robin Creyke
Publisher:
ISBN: 9780409351941
Category : Electronic books
Languages : en
Pages : 720
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Book Description
Laying Down the Law provides a comprehensive and accessible introduction to the study of law.
Author: Natsu Taylor Saito
Publisher: NYU Press
ISBN: 0814723942
Category : Social Science
Languages : en
Pages : 381
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Book Description
2021 Outstanding Academic Title, Choice Magazine How taking Indigenous sovereignty seriously can help dismantle the structural racism encountered by other people of color in the United States Settler Colonialism, Race, and the Law provides a timely analysis of structural racism at the intersection of law and colonialism. Noting the grim racial realities still confronting communities of color, and how they have not been alleviated by constitutional guarantees of equal protection, this book suggests that settler colonial theory provides a more coherent understanding of what causes and what can help remediate racial disparities. Natsu Taylor Saito attributes the origins and persistence of racialized inequities in the United States to the prerogatives asserted by its predominantly Angloamerican colonizers to appropriate Indigenous lands and resources, to profit from the labor of voluntary and involuntary migrants, and to ensure that all people of color remain “in their place.” By providing a functional analysis that links disparate forms of oppression, this book makes the case for the oft-cited proposition that racial justice is indivisible, focusing particularly on the importance of acknowledging and contesting the continued colonization of Indigenous peoples and lands. Settler Colonialism, Race, and the Law concludes that rather than relying on promises of formal equality, we will more effectively dismantle structural racism in America by envisioning what the right of all peoples to self-determination means in a settler colonial state.
