This book provides a comprehensive resource for accommodating and pursuing Indigenous perspectives in legal education.
The book is divided into three sections. The first section highlights the continuing issues that Indigenous people face in law schools, and universities, including the ongoing impacts of colonization and intergenerational trauma, institutional racism and exclusion, and the denial of historical acts of institutional theft. This section also includes chapters that explore arguments for the recognition of Indigenous legal knowledge, of knowledge about the impact of settler law, and the incorporation of Indigenous concepts, laws and ways of thinking about settler law across the curriculum. The second section explores how Indigenous ways of reading and thinking about settler law make a difference to how settler law is understood and interpreted. Contributors consider the power of storytelling, and of situating Indigenous law as a form of natural law; they also address the prospect of laws decolonization. The third section of the book grapples with how traditional law school subjects can be taught through an Indigenous lens, including torts, public law, property, and criminal law and sentencing. Throughout, the book demonstrates the importance of, and offers practical advice for, teaching law in a way that includes critical Indigenous perspectives.
This book will be of enormous value to teachers, researchers and students in law, legal studies, and indigenous studies, as well as others with an interest in decolonizing legal education.
This book provides a comprehensive resource for accommodating and pursuing Indigenous perspectives in legal education.
1. Introduction: Decolonising the Law School Heather Douglas and Nicole
Watson Part One: Recognising that Terra Nullius Never Left, and Reimagining
Law and Legal Education to Achieve our Own Ends
2. Indigenous Lawyering:
Colonial Legal Formations and Decolonial Manoeuvres Osca Monaghan
3. Evidence
Given by Eddie Cubillo to the Yoorrook Justice Commission Eddie Cubillo and
Jaynaya Dwyer
4. The Shackles of Terra Nullius in Child Protection Reforms
Terri Libesman, Paul Gray and Kirsten Gray
5. Who Built this Fence?
Regenerating Faculty Landscapes for Lasting Educational Reform Simon Young
and Kirstie Smith
6. Challenges and Strategies for Incorporating Indigenous
Laws and Histories Across Legal Education Curriculum Annette Gainsford,
Alison Gerard and Emma Colvin Part Two: Changing Thinking through Theory
7.
Storytelling The Power of First Nations Jurisprudence Larissa Behrendt
8.
Genre Outlaw: Ruby Langford Ginibi Suvendrini Perera
9. Relationality as
Indigenous Teaching Praxis in Legal Education Marcelle Burns
10. Decolonising
the Common Law: Beyond Colonial Thinking Pekeri Ruska and Jennifer Nielsen
11. Legal Education and First Nations Teaching and Learning Methodologies:
Storytelling/Yarning, Deep Listening, and Lived Experience Narelle Bedford
Part Three: Applying an Indigenous Lens to Law School Curricula
12. Teaching
Students to Appreciate the Significance of the Plaintiffs Aboriginality in
Intentional Torts Cases Nicole Watson
13. Reflecting on the General Part
When There is Systemic Injustice: Do we Inadvertently Facilitate
Overcriminalisation of First Peoples in Australia? Mary Spiers Williams
14.
Whats Aristotles Totem Anyway? Indigenous Systems of Law and Governance and
the Australian Public Law Curriculum Aurora Milroy and Karinda Burns
15.
Unsettling Australian Clinical Legal Education Amanda Porter and Eddie
Cubillo
16. Native Title: Steps Toward a Decolonised Law Curriculum Lee Godden
Nicole Watson is a Mununjali and Birri Gubba woman from south-east Queensland. She is Professor of Law at the University of Technology Sydney (UTS), Australia.
Heather Douglas, whose heritage is Scottish and Irish, is Professor of Law at The University of Melbourne, Australia.
