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Published (Version of record)CC BY-NC-ND V4.0, Open Access
Published (Version of record)CC BY-NC-ND V4.0, Open
Book chapter
Decolonising the Common Law: Beyond Colonial Thinking
Legal Education Through an Indigenous Lens: Decolonising the Law School , pp.151-168
Routledge, 1
12/2024
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Abstract
This chapter questions whether the common law can be decolonised and explores the possibilities for decolonising cultural heritage legislation such as the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth). It critiques the common law's reductionist view of land as mere property and contrasts it with the relational and spiritual connections inherent in Aboriginal law. The chapter argues for re-centring Aboriginal law ways and narratives by highlighting the profound possibilities that this shift entails, including amplifying voices and humanising the law. The chapter emphasises restoring Aboriginal sovereignties and protocols to ensure balanced relationships between people and non-human kin.
Details
- Title
- Decolonising the Common Law: Beyond Colonial Thinking
- Creators
- Pekeri Ruska - The University of QueenslandJennifer Nielsen - Southern Cross University
- Contributors
- Nicole Watson (Editor) - University of Technology SydneyHeather Douglas (Editor) - The University of Melbourne
- Publication Details
- Legal Education Through an Indigenous Lens: Decolonising the Law School , pp.151-168
- Publisher
- Routledge; Oxon, UK
- Edition
- 1
- Grant note
- OA Funder: University of Technology Sydney
- Identifiers
- 991013241861302368
- Copyright
- © 2025 selection and editorial matter, Nicole Watson and Heather Douglas; individual chapters, the contributors
- Academic Unit
- Faculty of Business, Law and Arts; Law
- Language
- English
- Resource Type
- Book chapter