Overview

Larissa Behrendt argues for radical change in the system of resolving land disputes involving Aboriginal Australians. Writing from an Aboriginal perspective, she focuses on the law's history as oppressor of the Aboriginals: its role as the instrument by which Aboriginals were dispossessed of their land; by which their laws and culture were overridden; and by which they are still disproportionately imprisoned. She points out the entrenched barriers to Aboriginal acceptance that they will get justice from the court system. She is sceptical of modern alternative dispute resolution - arbitration, mediation, etc - as the answer; the power imbalance, central to the perception of injustice, remains fundamentally unaltered. Behrendt proposes radical change. Land disputes involving Aboriginals, whomever with, should be resolved by Elders on Aboriginal land using traditional Aboriginal methods. Giving worked examples of this system in operation, she demonstrates how the current power imbalance would be undermined. The result? By empowering the Aboriginal peoples, the basis for a genuine and lasting reconciliation is created.

Full Product Details

9781862871786

Table of Contents

Reviews

Some insight into the imbalances of power which are major stumbling blocks for Aboriginals is provided in this resource. It shows the Aboriginal perspective in relation to the issues which are crucial stumbling blocks to ending their dispossession in their own country. ... [The author puts forward] proposals which are radical perhaps, to non-Aboriginal people, but commonsense and justice to Aboriginal people. ... With emphasis on considering the cultural values and stressing the importance of recognition and respect for the original inhabitants' culture, this book would be a valuable resource for addressing Reconciliation, and for an Aboriginal perspective in legal studies. - Aboriginal Education K-12 Resources Guide (2004), NSW Dept of Education & Training

Author Information

Tab Content 6

Customer Reviews

Recent Reviews

Countries Available