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Legal Education Through an Indigenous Lens: Decolonising the Law School

Edited by: Nicole Watson, Heather Douglas

ISBN13: 9781032753157
To be Published: December 2024
Publisher: Routledge
Country of Publication: Australia
Format: Paperback
Price: £36.99



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 law’s 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.

Contents:
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 Plaintiff’s 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. What’s Aristotle’s 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