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Decolonising Indigenous Child Welfare
During the past decade, a remarkable transference of responsibility to Indigenous children’s organisation has taken place in many parts of Australia, Canada, the USA and New Zealand. It has been influenced by Indigenous peoples’ human rights advocacy at national and international levels, by claims to self-determination and by the globalisation of Indigenous children’s organisations. Thus far, this reform has taken place with little attention from academic and non-Indigenous communities; now, Decolonising Indigenous Child Welfare: Comparative Perspectives considers these developments and, evaluating law reform with respect to Indigenous child welfare, asks whether the pluralisation of r...
Decolonising Indigenous Child Welfare
During the past decade, a remarkable transference of responsibility to Indigenous children’s organisation has taken place in many parts of Australia, Canada, the USA and New Zealand. It has been influenced by Indigenous peoples’ human rights advocacy at national and international levels, by claims to self-determination and by the globalisation of Indigenous children’s organisations. Thus far, this reform has taken place with little attention from academic and non-Indigenous communities; now, Decolonising Indigenous Child Welfare: Comparative Perspectives considers these developments and, evaluating law reform with respect to Indigenous child welfare, asks whether the pluralisation of r...
Vulnerable Children and the Law
Global support for improving child welfare and upholding the rights of children is strong, but in practice often fails to recognise the emerging gap between traditional child welfare practices and the evolving nature of child vulnerability. This book takes an international perspective on child welfare, examining how global and national frameworks can be adapted to address the rights and best interests of children. Synthesising the latest international research, experts redefine the concept of a 'child in need' in a world where global movement is common and children are frequently involved in the law. The book considers children as citizens, as refugees, victims of trafficking, soldiers, or m...
Keeping Hold of Justice
Keeping Hold of Justice focuses on a select range of encounters between law and colonialism from the early nineteenth century to the present. It emphasizes the nature of colonialism as a distinctively structural injustice, one which becomes entrenched in the social, political, legal, and discursive structures of societies and thereby continues to affect people’s lives in the present. It charts, in particular, the role of law in both enabling and sustaining colonial injustice and in recognizing and redressing it. In so doing, the book seeks to demonstrate the possibilities for structural justice that still exist despite the enduring legacies and harms of colonialism. It puts forward that these possibilities can be found through collaborative methodologies and practices, such as those informing this book, that actively bring together different disciplines, peoples, temporalities, laws and ways of knowing. They reveal law not only as a source of colonial harm but also as a potential means of keeping hold of justice.
Muslim Secular Democracy
The book offers a nuanced and innovative analyses of the emergence of an inclusive secular democratic state paradigm which incorporates the sacred within the framework of secular democracy in the Muslim World.
Sovereignty
Unparalleled in its breadth and scope, Sovereignty: Frontiers of Possibility brings together some of the freshest and most original writing on sovereignty being done today. Sovereignty’s many dimensions are approached from multiple perspectives and experiences. It is viewed globally as an international question; locally as an issue contested between Natives and settlers; and individually as survival in everyday life. Through all this diversity and across the many different national contexts from which the contributors write, the chapters in this collection address each other, staging a running conversation that truly internationalizes this most fundamental of political issues. In the conte...
Law, Knowledge, Culture
Combining unique practical experience with a sophisticated historical and theoretical framework, this impressive work offers a new basis to explore indigenous intellectual property. In this wide-ranging and imaginative study, Anderson has laid the groundwork for future scholarship in the field. Hopefully this work will set a new trajectory for how this important topic is approached and advanced with indigenous people. Brad Sherman, University of Queensland, Australia This informative book investigates how indigenous and traditional knowledge has been produced and positioned within intellectual property law and the effects of this position in both national and international jurisdictions. Dra...
Cultural Legal Studies
What can law’s popular cultures do for law, as a constitutive and interrogative critical practice? This collection explores such a question through the lens of the ‘cultural legal studies’ movement, which proffers a new encounter with the ‘cultural turn’ in law and legal theory. Moving beyond the ‘law ands’ (literature, humanities, culture, film, visual and aesthetics) on which it is based, this book demonstrates how the techniques and practices of cultural legal studies can be used to metamorphose law and the legalities that underpin its popular imaginary. By drawing on three different modes of cultural legal studies – storytelling, technology and jurisprudence – the colle...
Stolen Motherhood
The removal of Aboriginal and Torres Strait Islander children from their families gained national attention in Australia following the Bringing Them Home Report in 1997. However, the voices of Indigenous parents were largely missing from the Report. The Inquiry attributed their lack of testimony to the impact of trauma and the silencing impact of parents’ overwhelming sense of guilt and despair; a submission by Link-Up NSW commented on Aboriginal mothers being “unwilling and unable to speak about the immense pain, grief and anguish that losing their children had caused them.” This book explores what happened to Aboriginal mothers who had children removed and why they have overwhelmingl...
The Cambridge Legal History of Australia
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.
