Aboriginal and Torres Strait Islander Legal Relations, second edition, introduces readers to the major issues faced by Aboriginal and Torres Strait Islander people under the Anglo-Australian legal system, with a focus on the impact of historical and contemporary law and policy.

It engages readers in key debates, such as reparations for the Stolen Generation and changes to the Constitution, and explores how the law can play a role in providing a framework for recognising Aboriginal and Torres Strait Islander peoples’ rights.

New to this Edition

• Comprehensively updated to include the latest developments, with new discussion on:
  • Constitutional recognition and the Uluru Statement from the Heart
  • Creation of the National Congress of Australia’s First Peoples as a new representative body
  • National child welfare policy reforms which will result in increased removals through early permanent placement of children who experience out of home care
  • Stolen Generation reparation tribunals and their responses
  • Colonial legal history in the context of contemporary debates such as the recent campaign to change the date of Australia Day
  • The development of state-based treaty processes
• Includes a new chapter on ‘Indigenous Women and Criminal Justice’ (Ch. 7) with a focus on family violence and victimisation; the laws, policies and practices that contribute to Indigenous women’s imprisonment; and the climbing imprisonment rate of Indigenous women
• Updated discussion questions, and case studies and extracts.

PART ONE: THE LAW OF THE COLONISERS

1. Dispossession and Colonisation Terri Libesman

2. Warfare to Welfare: Genocide and Racial Discrimination Terri Libesman

3. Contemporary Aboriginal and Torres Strait Islander Children’s Welfare Terri Libesman

PART TWO: EQUAL BEFORE THE LAW: CRIMINALISATION

4. Juvenile Justice Chris Cunneen

5. Criminalisation and Policing in Indigenous Communities Chris Cunneen

6. Courts, Sentencing and Punishment Chris Cunneen

7. Indigenous Women and Criminal Justice Chris Cunneen

PART THREE: LAW, LAND AND CULTURE

8. Land Rights Nicole Watson

9. Native Title Asmi Wood

10. Protecting Culture Robynne Quiggin

PART FOUR: LAW, RIGHTS AND GOVERNANCE

11. Racial Discrimination and the Law Nicole Watson

12. The New Paternalism Larissa Behrendt

13. A Framework for Self-Determination Larissa Behrendt

14. Unfinished Business Larissa Behrendt

Larissa Behrendt – Distinguished Professor, Chair of Indigenous Research, Jumbunna Institute of Indigenous Education and Research, University of Technology Sydney
Chris Cunneen – Professor of Criminology, Jumbunna Institute for Indigenous Education and Research, University of Technology Sydney
Terri Libesman – Associate Professor, Faculty of Law, University of Technology Sydney
Nicole Watson – Senior Lecturer, Sydney Law School, The University of Sydney

Read a sample from Aboriginal and Torres Strait Islander Legal Relations, second edition:

• Dispossession and Colonisation