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Indigenous crime and settler law : white sovereignty after empire / Heather Douglas and Mark Finnane.
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Title:Indigenous crime and settler law : white sovereignty after empire / Heather Douglas and Mark Finnane.
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Author/Creator:Douglas, Heather.
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Other Contributors/Collections:Finnane, Mark.
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Published/Created:Houndmills, Basingstoke, Hampshire [U.K.] ; New York : Palgrave Macmillan, ©2012.
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Holdings
Holdings Record Display
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Location:LAW LIBRARY (level 3)Where is this?
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Call Number: KU519.I64 D68 2012
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Number of Items:1
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Status:Available
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Location:LAW LIBRARY (level 3)Where is this?
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Library of Congress Subjects:Aboriginal Australians--Legal status, laws, etc.
Aboriginal Australians--Criminal justice system.
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Description:xvi, 260 p. : maps ; 24 cm.
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Series:Palgrave Macmillan socio-legal studies.
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Summary:"In a break from the contemporary focus on the law's response to inter-racial crime, the authors examine the law's approach to the victimization of one Indigenous person by another. Drawing on a wealth of archival material relating to homicides in Australia, they conclude that settlers and Indigenous peoples still live in the shadow of empire"--Provided by publisher.
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Notes:Includes bibliographical references (pages 222-246) and index.
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ISBN:9780230316508
0230316506
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Contents:Machine generated contents note: 1. `Troublesome Friends and Dangerous Enemies'
White and black
Custom and jurisdiction
`Their private broils'
Towards intervention
Conclusion
2. Amenable to the Law
Contesting jurisdiction
Consolidating jurisdiction
Transforming the subjects of law
Witnessing
Remnants of jurisdiction
3. Exercise of Jurisdiction
Aboriginal suspects and witnesses
the logistics of justice
Protection, security and the control of settler violence
meaning of `custom'
Conclusion
4. Question of Custom
ordeal of Wongacurra
Anthropology and government
limits of intervention
opacity of custom
failure of institutional innovation
Absentee justice?
5. Equality before the Law
Assimilation
law is settled
Patrol officers: failing to charge
Criminal responsibility
Sentencing
Aboriginal people between two worlds
Critical shifts
6. Towards Formal Recognition
Contesting sovereignty
ambivalence towards formal recognition
Recognition in the courts
Criminal responsibility
Procedural matters
Evidence of custom
Bail and sentencing: considering `the Aboriginal way'
effects of recognition in the courts
Conclusion
7. `Benign Pessimism': A National Emergency
refusal of formal recognition
Multiculturalism and the Racial Discrimination Act
Women, harm, legal protection and human rights
Violence and its relationship to colonization
Intervention
And still the possibility of continued recognition.