730-391 Law and Indigenous Societies in Australia

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Subject Description:

The course encourages students to critically analyse the Anglo/Australian legal system in the light of its impact on Indigenous Australians through focusing on Indigenous Australian societies both before and after colonisation, the interaction of those societies with the Anglo/Australian legal system, the processes through which the Anglo/Australian legal system has colonised Indigenous Australians and the consequences of this process on identity, the importance of land and the legal regimes for access to land including native title, claims to self-determination at international law and domestically, human rights issues, the impact of the criminal justice system and the importance and means of recognising customary law. Students are encouraged to consider the manner in which the Anglo/Australian legal system has been used by and for Indigenous Australians and the ways in which it may be used to advance the aspirations of Indigenous Australians. Students are encouraged to develop their understanding and analysis of legal and cultural issues arising in a cross-cultural environment and the ways in which the Anglo/Australian legal system might accommodate the needs and aspirations of Indigenous Australians.

Assessment:

Prescribed Texts:

Printed Materials will be issued by the Law School.

• McRae, Nettheim & Beacroft, Aboriginal Legal Issues, LBC 2nd ed..
• Act, Native Title Act, 1993, (Cth).
• Act, Land Titles Validation Act, 1993, (Vic).