Indigenous Crime and Settler Law [electronic resource] : White Sovereignty after Empire / by H. Douglas, M. Finnane.
Erişim Adresi
ISBN
9781137284983
Dil Kodu
İngilizce
Yer Numarası
DK/29138
Yazar
Basım Bildirimi
1st ed. 2012.
Yayın Bilgisi
London : Palgrave Macmillan UK : Imprint: Palgrave Macmillan, 2012.
Fiziksel Niteleme
XVIII, 280 p. online resource.
Dizi
Palgrave Socio-Legal Studies, 2947-9282
İçindekiler Notu
Introduction: Histories -- 'Troublesome Friends and Dangerous Enemies' -- Amenable to the Law -- The Exercise of Jurisdiction -- A Question of Custom -- Equality Before the Law -- Towards Formal Recognition -- 'Benign Pessimism': A National Emergency -- Conclusion: Sovereignties.
Özet, vb.
In a break from the contemporary focus on the law's response to inter-racial crime, Heather Douglas and Mark Finnane examine the foundations of criminal law's response to the victimization of one Indigenous person by another. Against the changing background of settler encounters with Australian Indigenous peoples, they show that the question of Indigenous amenability to imported British criminal law in Australia was not resolved in the nineteenth century and remains surprisingly open. Through a study of the policing and prosecution of Indigenous homicide, the book demonstrates how criminal law is consistently framed as the key test of sovereignty, whatever the challenges faced in effecting its jurisdiction. Drawing on a wealth of archival and case material, the authors conclude that settlers and Indigenous peoples still live in the shadow of empire, yet to reach an understanding of each other.
Konu
Private international law.
Conflict of laws.
International law.
Comparative law.
Private International Law, International and Foreign Law, Comparative Law.
Conflict of laws.
International law.
Comparative law.
Private International Law, International and Foreign Law, Comparative Law.
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