Can Law or History Redeem Us?
This is a scholarly but very readable examination of the ways in which Australia’s legal system has adjudicated the claims of Indigenous individuals and communities. Most of such claims are rejected because they can not be framed or supported, strongly enough, in terms that satisfy court evidentiary standards of admissibility and relevance. Ann Curthoys, Manning Clark Professor of History at the ANU, has written widely both on Australian historical topics and on the theory and practice of history itself. Alexander Reilly teaches and researches in public law and Indigenous legal issues in Adelaide, and Ann Genovese is an academic in law, history and politics in Melbourne. The book draws upon interviews with participants in key legal processes. Unusually, this includes members of the judiciary and the legal professions, sometimes anonymously. A clash of cultures limits legal process. Common law emphasises material proof and strict documentation. It devalues oral tradition, on which Indig
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