Native Title From Mabo To Akiba

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Native Title from Mabo to Akiba

Author : Sean Brennan
Publisher :
ISBN 13 : 9781862879980
Total Pages : 273 pages
Book Rating : 4.8/5 (799 download)

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Book Synopsis Native Title from Mabo to Akiba by : Sean Brennan

Download or read book Native Title from Mabo to Akiba written by Sean Brennan and published by . This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cover image taken at Mangkuna (Corkbark) on Karajarri country in the Kimberley, Western Australia - November 2014. Photography by Edward Tran. © Copyright Kimberley Land Council.This edited collection brings together some of Australia's foremost experts in native title to provide a realistic assessment of the achievements, frustrations and possibilities of native title, two decades since the enactment of the Native Title Act 1993 (Cth), and after the most significant High Court decision on native title in more than ten years, Akiba v Commonwealth, which confirmed the existence of commercial native title fishing rights. The Indigenous and non-Indigenous authors come from a variety of disciplines and perspectives and include academics and practitioners from the fields of law, economics, anthropology, politics, history and community development. Uniting the book is a concern that native title make a real impact on the economic and social circumstances of Australia's Indigenous communities.The book consists of two parts.Part One is entitled Legal Dynamics in the Development of Native Title. It examines the way in which Australian law has defined and often constrained the scope of this newly-recognised property right. There is a particular focus on legal issues with a direct bearing on the economic potential of native title, such as alienability and the right to trade resources and the challenges posed for anti-discrimination law.Part Two is entitled Native Title as a Vehicle for Indigenous Empowerment. Authors provide an overview of the contribution made so far by native title and the prospects for future empowerment. Detailed mapping and analysis provides readers with a geographic orientation and a sense of realism about the economic potential of the native title estate, in comparison with achievements under a parallel statutory land rights regime. This part also explains some of the challenges Indigenous groups face in areas such as governance, land reform and internal politicking, as they operate in the shadow of the law, seeking to utilise native title for greater empowerment._______________________________________________________ Click here to view and listen to the Indigenous Empowerment panel discussion which includes video and audio webcasts, photos and a review essay.

Planning in Indigenous Australia

Author : Sue Jackson
Publisher : Routledge
ISBN 13 : 1317437160
Total Pages : 250 pages
Book Rating : 4.3/5 (174 download)

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Book Synopsis Planning in Indigenous Australia by : Sue Jackson

Download or read book Planning in Indigenous Australia written by Sue Jackson and published by Routledge. This book was released on 2017-07-28 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Planning in settler-colonial countries is always taking place on the lands of Indigenous peoples. While Indigenous rights, identity and cultural values are increasingly being discussed within planning, its mainstream accounts virtually ignore the colonial roots and legacies of the discipline’s assumptions, techniques and methods. This ground-breaking book exposes the imperial origins of the planning canon, profession and practice in the settler-colonial country of Australia. By documenting the role of planning in the history of Australia’s relations with Indigenous peoples, the book maps the enduring effects of colonisation. It provides a new historical account of colonial planning practices and rewrites the urban planning histories of major Australian cities. Contemporary land rights, native title and cultural heritage frameworks are analysed in light of their critical importance to planning practice today, with detailed case illustrations. In reframing Australian planning from a postcolonial perspective, the book shatters orthodox accounts, revising the story that planning has told itself for over 100 years. New ways to think and practise planning in Indigenous Australia are advanced. Planning in Indigenous Australia makes a major contribution towards the decolonisation of planning. It is essential reading for students and teachers in tertiary planning programmes, as well as those in geography, development studies, postcolonial studies, anthropology and environmental management. It is also vital reading for professional planners in the public, private and community sectors.

Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts

Author : Bertus de Villiers
Publisher : BRILL
ISBN 13 : 9004461663
Total Pages : 295 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts by : Bertus de Villiers

Download or read book Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts written by Bertus de Villiers and published by BRILL. This book was released on 2021-08-30 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on trend-setting judgments in different parts of the world that impacted on the rights of persons belonging to minorities and Indigenous people. The cases illustrate how the judiciary has been called upon to fill out the detail of minority protection arrangements and how, in doing so, in many instances the judiciary has taken the respective countries on a course that parliament may not have been able to navigate. In this book authors from various backgrounds in the practical application of minority protection arrangements investigate the role of the judiciary in constitutional arrangements aimed at the protection of the rights of minorities and Indigenous peoples.

Courts and Diversity

Author : Bertus de Villiers
Publisher : BRILL
ISBN 13 : 9004691693
Total Pages : 311 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Courts and Diversity by : Bertus de Villiers

Download or read book Courts and Diversity written by Bertus de Villiers and published by BRILL. This book was released on 2024-03-04 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitutional Court of Indonesia functions in one of the most diverse societies in the world. It is required to resolve disputes within a kaleidoscope of diversity and plurality with flexibility, pragmatism, asymmetry, and wisdom. Whilst national minimum norms are important for nation-building, recognition of local customs, diversities and indigenous systems are equally important to protect the territorial integrity of Indonesia and ensure local peace and stability. Responding to demands of religious plurality, customary lands rights, traditional voting systems, decentralisation to regions and local governments, and responding to diversity of community life, requires extraordinary skill, insight and flexibility. This book gives insight into twenty years of jurisprudence and places it in an international comparison.

The Palgrave Handbook of Intersectionality in Public Policy

Author : Olena Hankivsky
Publisher : Springer
ISBN 13 : 331998473X
Total Pages : 755 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis The Palgrave Handbook of Intersectionality in Public Policy by : Olena Hankivsky

Download or read book The Palgrave Handbook of Intersectionality in Public Policy written by Olena Hankivsky and published by Springer. This book was released on 2019-02-01 with total page 755 pages. Available in PDF, EPUB and Kindle. Book excerpt: Grounded in black feminist scholarship and activism and formally coined in 1989 by black legal scholar Kimberlé Williams Crenshaw, intersectionality has garnered significant attention in the field of public policy and other disciplines/fields of study. The potential of intersectionality, however, has not been fully realized in policy, largely due to the challenges of operationalization. Recently some scholars and activists began to advance conceptual clarity and guidance for intersectionality policy applications; yet a pressing need remains for knowledge development and exchange in relation to empirical work that demonstrates how intersectionality improves public policy. This handbook fills this void by highlighting the key challenges, possibilities and critiques of intersectionality-informed approaches in public policy. It brings together international scholars across a variety of policy sectors and disciplines to consider the state of intersectionality in policy research and analysis. Importantly, it offers a global perspective on the added value and “how-to” of intersectionality-informed policy approaches that aim to advance equity and social justice.

Australian Native Title Anthropology

Author : Kingsley Palmer
Publisher : ANU Press
ISBN 13 : 1760461881
Total Pages : 297 pages
Book Rating : 4.7/5 (64 download)

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Book Synopsis Australian Native Title Anthropology by : Kingsley Palmer

Download or read book Australian Native Title Anthropology written by Kingsley Palmer and published by ANU Press. This book was released on 2018-05-03 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Australian Federal Native Title Act 1993 marked a revolution in the recognition of the rights of Australia’s Indigenous peoples. The legislation established a means whereby Indigenous Australians could make application to the Federal Court for the recognition of their rights to traditional country. The fiction that Australia was terra nullius (or ‘void country’), which had prevailed since European settlement, was overturned. The ensuing legal cases, mediated resolutions and agreements made within the terms of the Native Title Act quickly proved the importance of having sound, scholarly and well-researched anthropology conducted with claimants so that the fundamentals of the claims made could be properly established. In turn, this meant that those opposing the claims would also benefit from anthropological expertise. This is a book about the practical aspects of anthropology that are relevant to the exercise of the discipline within the native title context. The engagement of anthropology with legal process, determined by federal legislation, raises significant practical as well as ethical issues that are explored in this book. It will be of interest to all involved in the native title process, including anthropologists and other researchers, lawyers and judges, as well as those who manage the claim process. It will also be relevant to all who seek to explore the role of anthropology in relation to Indigenous rights, legislation and the state.

The Oxford Handbook of the Australian Constitution

Author : Cheryl Saunders
Publisher : Oxford University Press
ISBN 13 : 0198738439
Total Pages : 1201 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Oxford Handbook of the Australian Constitution by : Cheryl Saunders

Download or read book The Oxford Handbook of the Australian Constitution written by Cheryl Saunders and published by Oxford University Press. This book was released on 2018 with total page 1201 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional law provides the legal framework for the Australian political and legal systems, and thus touches almost every aspect of Australian life. The Handbook offers a critical analysis of some of the most significant aspects of Australian constitutional arrangements, setting them against the historical, legal, political, and social contexts in which Australia's constitutional system has developed. It takes care to highlight the distinctive features of the Australian constitutional system by placing the Australian system, where possible, in global perspective. The chapters of the Handbook are arranged in seven thematically-grouped parts. The first, 'Foundations', deals with aspects of Australian history which have influenced constitutional arrangements. The second, 'Constitutional Domain', addresses the interaction between the constitution and other relevant legal systems and orders, including the common law, international law, and state constitutions. The third, 'Themes', identifies themes of special constitutional significance, including the legitimacy of the constitution, citizenship, and republicanism. The fourth, 'Practice and Process', deals with practical issues relevant to constitutional litigation, including the processes, techniques, and authority of the High Court of Australia. The final three parts deal with the structural building blocks of the Australian Constitutional system: 'Separation of Powers', 'Federalism', and the 'Protection of Rights.' Written by a team of experts drawn from academia and practice, the Handbook provides Australian and international readers alike with a reliable source of knowledge, understanding, and insight into the Australian Constitution.

The Impact of Climate Change Mitigation on Indigenous and Forest Communities

Author : Maureen F. Tehan
Publisher : Cambridge University Press
ISBN 13 : 1108514820
Total Pages : 444 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis The Impact of Climate Change Mitigation on Indigenous and Forest Communities by : Maureen F. Tehan

Download or read book The Impact of Climate Change Mitigation on Indigenous and Forest Communities written by Maureen F. Tehan and published by Cambridge University Press. This book was released on 2017-10-26 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international legal framework for valuing the carbon stored in forests, known as 'Reducing Emissions from Deforestation and Forest Degradation' (REDD+), will have a major impact on indigenous peoples and forest communities. The REDD+ regime contains many assumptions about the identity, tenure and rights of indigenous and local communities who inhabit, use or claim rights to forested lands. The authors bring together expert analysis of public international law, climate change treaties, property law, human rights and indigenous customary land tenure to provide a systemic account of the laws governing forest carbon sequestration and their interaction. Their work covers recent developments in climate change law, including the Agreement from the Conference of the Parties in Paris that came into force in 2016. The Impact of Climate Change Mitigation on Indigenous and Forest Communities is a rich and much-needed new contribution to contemporary understanding of this topic.

Common Law, Civil Law, and Colonial Law

Author : William Eves
Publisher : Cambridge University Press
ISBN 13 : 1108960448
Total Pages : 349 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis Common Law, Civil Law, and Colonial Law by : William Eves

Download or read book Common Law, Civil Law, and Colonial Law written by William Eves and published by Cambridge University Press. This book was released on 2021-04-15 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: Common Law, Civil Law, and Colonial Law builds upon the legal historian F.W. Maitland's famous observation that history involves comparison, and that those who ignore every system but their own 'hardly came in sight of the idea of legal history'. The extensive introduction addresses the intellectual challenges posed by comparative approaches to legal history. This is followed by twelve essays derived from papers delivered at the 24th British Legal History Conference. These essays explore patterns in legal norms, processes, and practice across an exceptionally broad chronological and geographical range. Carefully selected to provide a network of inter-connections, they contribute to our better understanding of legal history by combining depth of analysis with historical contextualization. This title is also available as Open Access on Cambridge Core.

OECD Rural Studies Linking Indigenous Communities with Regional Development in Australia

Author : OECD
Publisher : OECD Publishing
ISBN 13 : 9264483071
Total Pages : 230 pages
Book Rating : 4.2/5 (644 download)

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Book Synopsis OECD Rural Studies Linking Indigenous Communities with Regional Development in Australia by : OECD

Download or read book OECD Rural Studies Linking Indigenous Communities with Regional Development in Australia written by OECD and published by OECD Publishing. This book was released on 2020-12-14 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous Australians play an important role in the development of regional economies. Compared to the non-Indigenous population, Indigenous peoples are more likely to be located in predominantly rural regions. However, significant gaps in socio-economic outcomes with non-Indigenous Australians remain and these gaps are larger in rural regions. The report provides three key recommendations to improve economic outcomes for Indigenous Australians.

Indigenous Wellbeing and Enterprise

Author : Rick Colbourne
Publisher : Routledge
ISBN 13 : 1000753964
Total Pages : 300 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis Indigenous Wellbeing and Enterprise by : Rick Colbourne

Download or read book Indigenous Wellbeing and Enterprise written by Rick Colbourne and published by Routledge. This book was released on 2020-07-09 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, we explore the economic wellbeing of Indigenous peoples globally through case studies that provide practical examples of how Indigenous wellbeing is premised on sustainable self- determination that is in turn dependent on a community’s evolving model for economic development, its cultural traditions, its relationship to its traditional territories and its particular spiritual practices. Adding to the richness, geographically these chapters cover North, Central and South America, Northern Europe, the Circumpolar Arctic, Southern Europe, the Middle East, Asia and Oceania and a resulting diverse set of Indigenous peoples. The book addresses key issues related to economic, environmental, social and cultural value creation activities and provides numerous examples and case studies of Indigenous communities globally which have successfully used entrepreneurship in the pursuit of sustainable development and wellbeing. Readers will gain practical understandings of the nature of sustainable economic development from a cross- section of case studies of Indigenous perspectives globally. The chapters map out the international development of Indigenous rights and the influence that this has had on Indigenous communities globally in asserting their sovereignty and acting on their rights to develop sustainable governance and economic development practices. Readers will develop insights into the intersection of Indigenous governance with sustainable practice and community wellbeing through practical case studies that explain the need for Indigenous- led economic development and governance strategies, which are responsive to local, regional, national and international realities in developing sustainable Indigenous economies focused on economic, environmental, social and cultural value creation. This book will be useful for Indigenous and non- Indigenous business students studying undergraduate business or MBA programs who seek to understand the global context and the varied experiences of Indigenous peoples in developing sustainable economic development strategies that promote community wellbeing.

The Oxford Handbook of Law and Anthropology

Author : Marie-Claire Foblets
Publisher : Oxford University Press
ISBN 13 : 0192577018
Total Pages : 993 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Oxford Handbook of Law and Anthropology by : Marie-Claire Foblets

Download or read book The Oxford Handbook of Law and Anthropology written by Marie-Claire Foblets and published by Oxford University Press. This book was released on 2022-04-01 with total page 993 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Law and Anthropology is a ground-breaking collection of essays that provides an original and internationally framed conception of the historical, theoretical, and ethnographic interconnections of law and anthropology. Each of the chapters in the Handbook provides a survey of the current state of scholarly debate and an argument about the future direction of research in this dynamic and interdisciplinary field. The structure of the Handbook is animated by an overarching collective narrative about how law and anthropology have and should relate to each other as intersecting domains of inquiry that address such fundamental questions as dispute resolution, normative ordering, social organization, and legal, political, and social identity. The need for such a comprehensive project has become even more pressing as lawyers and anthropologists work together in an ever-increasing number of areas, including immigration and asylum processes, international justice forums, cultural heritage certification and monitoring, and the writing of new national constitutions, among many others. The Handbook takes critical stock of these various points of intersection in order to identify and conceptualize the most promising areas of innovation and sociolegal relevance, as well as to acknowledge the points of tension, open questions, and areas for future development.

Indigenous Legal Judgments

Author : Nicole Watson
Publisher : Routledge
ISBN 13 : 1000401243
Total Pages : 244 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Indigenous Legal Judgments by : Nicole Watson

Download or read book Indigenous Legal Judgments written by Nicole Watson and published by Routledge. This book was released on 2021-06-27 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Ignored Histories

Author : Angélique Stastny
Publisher : University of Hawaii Press
ISBN 13 : 0824890353
Total Pages : 281 pages
Book Rating : 4.8/5 (248 download)

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Book Synopsis Ignored Histories by : Angélique Stastny

Download or read book Ignored Histories written by Angélique Stastny and published by University of Hawaii Press. This book was released on 2022-02-28 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: How is colonial history taught in schools? And how do education systems impact power relations between Indigenous people and settlers? This book provides a unique contribution to international discussions about knowledge production and the teaching of colonial history in schools with a comparative analysis of two neighboring settler-colonial societies of the South Pacific. Angélique Stastny argues that school systems in Australia and Kanaky/New Caledonia continue to enact British/Australian and French colonialism, respectively, by leveraging historical narratives that fail to comprehend and willfully ignore the mechanisms and contemporaneity of settler colonialism. Settler regimes of ignorance are sustaining the political status quo of settler-colonial power. Stastny’s work examines this weaponization of ignorance in systems so often focused on the production of knowledge to deepen our understanding of how and why settler-colonial agendas operate in public primary and secondary schools. Ignored Histories takes the reader through the evolution of policy directives for history curricula, historiography and the narratives produced and disseminated in textbooks, and the author’s own ethnography on teachers’ actual practices and experiences. As the story unfolds, it traces the recounts of colonial wars and massacres in textbooks; presents modern accounts of the continuing marginalization—and outright exclusion—of Indigenous historians, practitioners, and knowledge from both curriculum development and pedagogy; problematizes students’ disengagement from learning about their own histories; and brings to light lingering effects of white supremacy and ways to counter them. Some history teachers, on an individual level, engage in insurgent educational strategies in an attempt to shift power relations between Indigenous people and settlers. From the interviews Stastny conducted, we learn that some of these teachers were fired; others successfully developed methods to destabilize and rethink institutional practices and effect change in the classroom. Ultimately, Stastny argues for a system-wide transformation that decolonizes history curricula and the teaching of history by prioritizing Indigenous resurgence, understandings, and knowledge; acknowledging and addressing the difficult truths of the past; and ethically shaping the stories of today.

New Water Regimes

Author : Jacque Emel
Publisher : MDPI
ISBN 13 : 3038429635
Total Pages : 135 pages
Book Rating : 4.0/5 (384 download)

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Book Synopsis New Water Regimes by : Jacque Emel

Download or read book New Water Regimes written by Jacque Emel and published by MDPI. This book was released on 2018-05-22 with total page 135 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a printed edition of the Special Issue "New Water Regimes" that was published in Resources

The Routledge Handbook of Property, Law and Society

Author : Nicole Graham
Publisher : Taylor & Francis
ISBN 13 : 1000737551
Total Pages : 449 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis The Routledge Handbook of Property, Law and Society by : Nicole Graham

Download or read book The Routledge Handbook of Property, Law and Society written by Nicole Graham and published by Taylor & Francis. This book was released on 2022-11-14 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook brings together diverse perspectives, major topics, and multiple approaches to one of the biggest legal institutions in society: property. Property touches on many fundamental human questions. It involves decisions about power, economy, morality, work, and ecology. It also involves ideas about where humans fit in the world and how humans relate to more-than-human life. This book will ask in myriad ways such questions as: what property means, what kinds of property there are, what is and should be the relationship between owned and owner, and what is the impact of different forms of property on life in this world? Drawing on a range of socio-legal and empirical methodologies, renowned scholars and rising stars in property from around the world present current issues and map future directions in research. Coming from the place of law but reaching out through cognate disciplines, this handbook provides a comprehensive and accessible survey of current research at the interface of property, society, and the environment. This handbook will appeal to students and researchers across a range of disciplines, including law, sociology, geography, history, and economics.

The Cambridge Legal History of Australia

Author : Peter Cane
Publisher : Cambridge University Press
ISBN 13 : 1108586015
Total Pages : 927 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis The Cambridge Legal History of Australia by : Peter Cane

Download or read book The Cambridge Legal History of Australia written by Peter Cane and published by Cambridge University Press. This book was released on 2022-08-18 with total page 927 pages. Available in PDF, EPUB and Kindle. Book excerpt: Featuring contributions from leading lawyers, historians and social scientists, this path-breaking volume explores encounters of laws, people, and places in Australia since 1788. Its chapters address three major themes: the development of Australian settler law in the shadow of the British Empire; the interaction between settler law and First Nations people; and the possibility of meaningful encounter between First laws and settler legal regimes in Australia. Several chapters explore the limited space provided by Australian settler law for respectful encounters, particularly in light of the High Court's particular concerns about the fragility of Australian sovereignty. Tracing the development of a uniquely Australian law and the various contexts that shaped it, this volume is concerned with the complexity, plurality, and ambiguity of Australia's legal history.