Hence, both can be applied to rural and remote communities, and to Indigenous communities in terms of the breakdown of Indigenous informal social controls as a result of colonisation and dispossession. However, appraisals of these theories in rural Australia have demonstrated that, while combinations of some elements might be illuminating, no one theory was able to fully capture the complexity of 'crime' as a localised phenomenon at a community level Hunter , Jobes, Donnermeyer and Barclay , and McCausland and Vivian There is growing recognition of the Eurocentric focus in criminological studies and the importance in moving towards a post-colonial criminology Cunneen ; Cunneen and Rowe Indeed, the foundations of criminology lie in the writings of Enlightenment scholars such as Cesar This eclectic collection of essays interrogates the 'common sense' understanding of happiness in the West and examines the strategies devised to obtain it.
When Europeans arrived in Australia to stay a little over two centuries ago, they did not appreciate the complex and consultative governance and legal structures that existed within the Aboriginal communities that they met. Instead, many Europeans saw a primitive race without developed technology and assumed them to be inferior.
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This Euro-centric assumption of superiority, eventually bolstered by theories of social Darwinism, would be used to support the doctrine of terra nullius, a legal fiction that saw Australia as though it was without a legitimate system of governance. Seen through Europeans eyes, it is not suqprising that many outsiders failed to understand the intricacies of our society, especially its complex system of laws and governance.
The following chapters explore social justice and human rights in relation to Indigenous peoples in Australia and internationally. This chapter uses case studies to explore how some nations, such as New Zealand, Canada and the US, have dealt with Indigenous people's rights. There are an estimated million Indigenous people worldwide living in around 70 different nations UN Permanent Forum on Indigenous Issues Indigenous peoples have borne the heavy impacts of colonialism.
Though invasion or colonisation tended to occur in the eighteenth and nineteenth centuries, its legacies continue to affect Indigenous peoples today in many ways, such as: the lack of recognition of their rights to their lands and waters; their right to live as they desire and to maintain their cultures; their experiences of racism; and their socioeconomic position. They have challenged colonialism and its impacts on them, and fought hard to protect their rights. Situations vary across communities, depending on the timing of colonialism and subsequent treaties or lack thereof , as well as domestic government policy.
Socioeconomic indicators show the ongoing impacts of colonialism in the present living conditions of Indigenous people. They are markers of the relative position of a group to the rest of a nation's population, in areas such as levels of education, health, employment, income, experience of law and justice, housing and service access. These show that Indigenous peoples worldwide experience major disadvantage compared with their fellow citizens. Aboriginal and Torres Strait Islander people have a complex relationship with the criminal justice system.
They are over-represented in custody and also overrepresented as victims of crime. Issues arise between Aboriginal people and the police and there are additional issues that arise when Aboriginal offenders appear before the courts and are sentenced. Behrendt, LY , 'Something for Nothing?
Behrendt, LY , 'Which Public?
The Stolen Generation of Aboriginal Decent Essay
Which Values? Challenge Grant output, presented by Nicole Watson This paper explores an irredentist model of justice in the city, one in which Aboriginal title is taken as the superior property interest over Sydney. It reports on a trans-disciplinary UTS funded research initiative investigating the impact on the institutional landscape of a solution that prioritises the human and property rights of the indigenous population.
Methodologically, this research adopts what Creswell and Tashakkori refer to as a paradigm perspective. The approach integrates an eclectic combination of research modes into history, law, social inquiry, theory, practice, and beliefs, with the attitudes of finance, finance providers, capital users and indigenous property owners. Such a dynamic trans-disciplinary engagement demands that the researchers discuss an overarching worldview or several worldviews that provide a philosophical foundation for mixed methods research.
Building on the role of land in Aboriginal politics, we explore Native title and the interplay with freehold and leasehold models. Our model raises a range of issues for the contemporary commons. Whilst in the short term, we suggest that there is no significant financial impact on those holding the new year tenancies, a range of issues arise in respect of the reversionary interest including rights, obligations, and restrictions surrounding improvements on the land.
We also highlight the complexity surrounding land tax and the role of the State in such a model. Australia Day, It is forty years since four Aboriginal, men drove from Redfern in Sydney to Canberra to set up a small protest against the McMahon government's refusal to support a land' rights agenda for Indigenous Australia.
The original action in captured the attention of the nation-and the world-but it also resonated with the deep dissatisfaction felt by Aboriginal people who, five years after the success of the referendum, found their day-to-day circumstances had not changed. Simone Harlowe is young and clever, an Aboriginal lawyer straddling two lives and two cultures while studying at Harvard. Her family life back in Sydney is defined by the complex relationship she has with her father, Tony, a prominent Aboriginal rights activist.
As Simone juggles the challenges of a modern woman's life - career, family, friends and relationships - her father is confronting his own uncomfortable truths as his secret double life implodes. Can Simone accept her father for the man he is and forgive him for the man he's not? The group protested against the revocation of north-coast farming reserves; they also demanded that children no longer be separated from their families, or indentured as domestics and menial labourers.
The Charter of Human Rights and Responsibilities the Charter requires the Attorney-General to undertake a review of its first four years of operation and a report based on the review must then be tabled in parliament in October One of the specific issues that the review must address is whether the right to self-determination should be enshrined in the Charter. We are particularly fortunate to have the involvement of the other co-authors Larissa Behrendt and Nicole Watson, both of whom are Aboriginal and Alison Vivian, who bring their own particular knowledge and appreciation of the problems discussed.
Panel Member for public roundtable with leading academics and practitioners on Indigenous Deaths in Care and Custody. A report compiled between researchers at Jumbunna Indigenous House of Learning evaluating the Stronger Futures consultation process against Australia's obligations under international law to consult with Aboriginal and Torres Strait Islander Peoples in relation to decisions that affect them. The Report includes a 'Report Card' providing an overview of the efficacy of the consultation process. The ILNP aims broadly and on a national level:? To identify and analyse the legal needs of Indigenous communities in non-criminal areas of law including discrimination, housing and tenancy, child protection, employment, credit and debt, wills and estates, and consumer-related matters ; and?
To provide an understanding of how legal service delivery might work more effectively to address identified civil and family law needs of Indigenous communities. Indigenous Justice Reports: new narratives and practices in sentencing.
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National Indigenous Research and Knowledge Network. National research study of the civil and family law needs of Indigenous people. The applicability of research and practice on nation rebuilding in North American Indigenous communities to Australian Indigenous communities. Investigation of factors that render Indigenous communities in NSW less prone to crime. New ways of doing school: Mixing story and technology to generate innovative learning, social and cultural communities. Investigation of factors that render Indigenous communities in NSW more or less prone to crime.
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Larissa Behrendt » Other Writings
Regional governance for Aboriginal and Torres Strait Islander communities: the development of a legal framework and practical models to address discrimination and disadvantage. Contract for services in relation to the provision of assistance to indigenous community persons or groups at Redfern to make submission to the Legislative Council Inquiry into issues Agreements, treaties and negotiated settlements with indigenous peoples in settler states: their role and relevance for indigenous and other Australians.
Aboriginal Justice Plan. Biography Prof. View 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. View description Exploring works as diverse as Robinson Crusoe and Coonardoo, Behrendt looks at the stereotypes embedded in these accounts, including the assumption of cannibalism and the myth of the noble savage.
View description This book looks at the way in which dispute resolution processes can be developed to more effectively empower Aboriginal people and assist with the more equitable and satisfactory resolution of disputes between Aboriginal people and between Aboriginal people and other groups.
View description There is a growing pool of research on court outcomes in sentencing Indigenous people but relatively little research on the information available to sentencing courts to consider Indigenous background. View description Sceptics have labelled human rights as a concept that is the luxury of c'lites. View description The concept of "home" is multifaceted and complex. View description It is easyt o understandw hy it is that when non- Aboriginal people see images of crisis in Aboriginal I communities they are moved to do something.