Reckoning with the Past
Book chapter
Konishi, Shino. (2022). Reckoning with the Past. In The Cambridge Legal History of Australia pp. 740-764 Cambridge University Press. https://doi.org/10.1017/9781108633949.032
Authors | Konishi, Shino |
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Abstract | This chapter will explore why and how First Nations people still have to reckon with the myriad settler and Australian legal histories that have shaped their lives and histories since colonisation. I argue that we still need to reckon with law because settler law denied Aboriginal land title and continues to deny Aboriginal sovereignty. Tracing settler laws’ complicity with the colonial project, this chapter first examines how the fantasy of terra nullius was instantiated through laws which enabled the expropriation of Aboriginal and Torres Strait Islander peoples’ lands and waters. It then examines how First Nations people have been unduly affected by separate, discriminatory settler laws which governed almost all facets of their lives. Yet, Australia’s legal system to redress these injustices, constitutes new and evolving chapters in the nation’s legal history. |
Keywords | Indigenous history; Indigenous legal history; colonialism; terra nullius; protection acts; Indigenous sovereignty; Indigenous law |
Page range | 740-764 |
Year | 01 Jan 2022 |
Book title | The Cambridge Legal History of Australia |
Publisher | Cambridge University Press |
Place of publication | United Kingdom |
ISBN | 9781108633949 |
Digital Object Identifier (DOI) | https://doi.org/10.1017/9781108633949.032 |
Web address (URL) | https://www.cambridge.org/core/books/the-cambridge-legal-history-of-australia/B181A9403346292CF991309EF6253624 |
Open access | Published as non-open access |
Research or scholarly | Research |
Publisher's version | License All rights reserved File Access Level Controlled |
Output status | Published |
Publication dates | |
Online | Aug 2022 |
Publication process dates | |
Accepted | 08 Feb 2024 |
Deposited | 16 Feb 2024 |
Additional information | © Cambridge University Press 2022. |
https://acuresearchbank.acu.edu.au/item/90262/reckoning-with-the-past
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