Publisher Description

Aboriginal and Torres Strait Islander Legal Relations, second edition, introduces readers to the major issues faced by Aboriginal and Torres Strait Islander people under the Anglo-Australian legal system, with a focus on the impact of historical and contemporary law and policy. It engages readers in key debates, such as reparations for the Stolen Generation and changes to the Constitution, and explores how the law can play a role in providing a framework for recognising Aboriginal and Torres Strait Islander peoples' rights.New to this EditionComprehensively updated to include the latest developments, with new discussion on: Constitutional recognition and the Uluru Statement from the HeartCreation of the National Congress of Australia's First Peoples as a new representative bodyNational child welfare policy reforms which will result in increased removals through early permanent placement of children who experience out of home careStolen Generation reparation tribunals and their responsesColonial legal history in the context of contemporary debates such as the recent campaign to change the date of Australia DayThe development of state-based treaty processesIncludes a new chapter on 'Indigenous Women and Criminal Justice' (Ch. 7) with a focus on family violence and victimisation; the laws, policies and practices that contribute to Indigenous women's imprisonment; and the climbing imprisonment rate of Indigenous womenUpdated discussion questions, and case studies and extracts.

Author Biography

Professor Larissa Behrendt is a Eualeyai/Kamillaroi woman. She is the Professor of Law and Director of Research at the Jumbunna Indigenous House of Learning at the University of Technology, Sydney.Professor Chris Cunneen is Professor of Criminology in the Faculty of Arts and Social Sciences at the University of New South Wales.Dr Terri Libesman is an Associate Professor in the Faculty of Law at the University of Technology, Sydney.Dr Nicole Watson is a Senior Lecturer in the Faculty of Law at the University of Sydney.

Table of Contents

PART ONE: THE LAW OF THE COLONISERS1. Dispossession and Colonisation Terri Libesman2. Warfare to Welfare: Genocide and Racial Discrimination Terri Libesman3. Contemporary Aboriginal and Torres Strait Islander Children's Welfare Terri LibesmanPART TWO: EQUAL BEFORE THE LAW: CRIMINALISATION4. Juvenile Justice Chris Cunneen5. Criminalisation and Policing in Indigenous Communities Chris Cunneen6. Courts, Sentencing and Punishment Chris Cunneen7. Indigenous Women and Criminal Justice Chris CunneenPART THREE: LAW, LAND AND CULTURE8. Land Rights Nicole Watson9. Native Title Asmi Wood10. Protecting Culture Robynne QuigginPART FOUR: LAW, RIGHTS AND GOVERNANCE11. Racial Discrimination and the Law Nicole Watson12. The New Paternalism Larissa Behrendt13. A Framework for Self-Determination Larissa Behrendt14. Unfinished Business Larissa Behrendt

Long Description

Aboriginal and Torres Strait Islander Legal Relations Second Edition considers the contact of Aboriginal and Torres Strait Islanders with Anglo-Australian law, and deals primarily with the problems the imposed law has had in its relationship with Indigenous people in Australia. The book is comprehensive in scope and covers key issues relating to sovereignty, jurisdiction and territorial acquisition; family law and child protection; criminal law, policing and sentencing; land rights and native title; cultural heritage, heritage protection and intellectual property; anti-discrimination law; international human rights law; constitutional law; social justice, self-determination and treaty issues.

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