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Aboriginal Women, Law and Critical Race Theory

Aboriginal Women, Law and Critical Race Theory
Author: Nicole Watson
Publisher: Palgrave Macmillan
Total Pages:
Release: 2021-12-21
Genre: Social Science
ISBN: 9783030873264

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This book explores storytelling as an innovative means of improving understanding of Indigenous people and their histories and struggles including with the law. It uses the Critical Race Theory (‘CRT’) tool of ‘outsider’ or ‘counter’ storytelling to illuminate the practices that have been used by generations of Aboriginal women to create an outlaw culture and to resist their invisibility to law. Legal scholars are yet to use storytelling to bring the experiential knowledge of Aboriginal women to the centre of legal scholarship and yet this book demonstrates how this can be done by way of a new methodology that combines elements of CRT with speculative biography. In one chapter, the author tells the imagined story of Eliza Woree who featured prominently in the backdrop to the decision of the Supreme Court of Queensland in Dempsey v Rigg (1914) but whose voice was erased from the judgements. This accessible book adds a new and innovative dimension to the use of CRT to examine the nexus between race and settler colonialism. It speaks to those interested in Indigenous peoples and the law, Indigenous studies, Indigenous policy, Aboriginal and Torres Strait Islander history, feminist studies, race and the law, and cultural studies.


Aboriginal Women, Law and Critical Race Theory

Aboriginal Women, Law and Critical Race Theory
Author: Nicole Watson
Publisher: Springer Nature
Total Pages: 108
Release: 2021-12-10
Genre: Social Science
ISBN: 3030873277

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This book explores storytelling as an innovative means of improving understanding of Indigenous people and their histories and struggles including with the law. It uses the Critical Race Theory (‘CRT’) tool of ‘outsider’ or ‘counter’ storytelling to illuminate the practices that have been used by generations of Aboriginal women to create an outlaw culture and to resist their invisibility to law. Legal scholars are yet to use storytelling to bring the experiential knowledge of Aboriginal women to the centre of legal scholarship and yet this book demonstrates how this can be done by way of a new methodology that combines elements of CRT with speculative biography. In one chapter, the author tells the imagined story of Eliza Woree who featured prominently in the backdrop to the decision of the Supreme Court of Queensland in Dempsey v Rigg (1914) but whose voice was erased from the judgements. This accessible book adds a new and innovative dimension to the use of CRT to examine the nexus between race and settler colonialism. It speaks to those interested in Indigenous peoples and the law, Indigenous studies, Indigenous policy, Aboriginal and Torres Strait Islander history, feminist studies, race and the law, and cultural studies.


States of Race

States of Race
Author: Sherene Razack
Publisher: Between the Lines
Total Pages: 280
Release: 2010-07-01
Genre: Social Science
ISBN: 1926662385

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What is a Canadian critical race feminism? As the contributors to this book note, the interventions of Canadian critical race feminists work to explicitly engage the Canadian state as a white settler society. The collection examines Indigenous peoples within the Canadian settler state and Indigenous women within feminism; the challenges posed by the settler state for women of colour and Indigenous women; and the possibilities and limits of an anti-colonial praxis. Critical race feminism, like critical race theory more broadly, interrogates questions about race and gender through an emancipatory lens, posing fundamental questions about the persistence if not magnification of race and the “colour line” in the twenty-first century. The writers of these articles whether exploring campus politics around issues of equity, the media’s circulation of ideas about a tolerant multicultural and feminist Canada, security practices that confine people of colour to spaces of exception, Indigenous women’s navigation of both nationalism and feminism, Western feminist responses to the War on Terror, or the new forms of whiteness that persist in ideas about a post-racial world or in transnational movements for social justice insist that we must study racialized power in all its gender and class dimensions. The contributors are all members of Researchers and Academics of Colour for Equity.


Crossroads, Directions and A New Critical Race Theory

Crossroads, Directions and A New Critical Race Theory
Author: Francisco Valdes
Publisher: Temple University Press
Total Pages: 439
Release: 2011-02-07
Genre: Law
ISBN: 143990779X

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Its opponents call it part of "the lunatic fringe," a justification for "black separateness," "the most embarrassing trend in American publishing." "It" is Critical Race Theory. But what is Critical Race Theory? How did it develop? Where does it stand now? Where should it go in the future? In this volume, thirty-one CRT scholars present their views on the ideas and methods of CRT, its role in academia and in the culture at large, and its past, present, and future. Critical race theorists assert that both the procedures and the substance of American law are structured to maintain white privilege. The neutrality and objectivity of the law are not just unattainable ideals; they are harmful actions that obscure the law's role in protecting white supremacy. This notion—so obvious to some, so unthinkable to others—has stimulated and divided legal thinking in this country and, increasingly, abroad. The essays in Crossroads, Directions, and a New Critical Race Theory—all original—address this notion in a variety of helpful and exciting ways. They use analysis, personal experience, historical narrative, and many other techniques to explain the importance of looking critically at how race permeates our national consciousness.


Global Critical Race Feminism

Global Critical Race Feminism
Author: Adrien Katherine Wing
Publisher: NYU Press
Total Pages: 468
Release: 2000-05
Genre: Social Science
ISBN: 0814793371

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An anthology containing some 30 essays which focus on topics including a critique of American feminist legal scholarship; motherhood and work in cultural context; Josephine Baker and the Cold War; the campaign against female circumcision; violence against Aboriginal women in Australia; and "marketization" and the status of women in China. Includes a foreword by social justice activist and professor at the U. of California-Santa Cruz, Angela Y. Davis. Annotation copyrighted by Book News Inc., Portland, OR


Decolonisation, Anti-Racism, and Legal Pedagogy

Decolonisation, Anti-Racism, and Legal Pedagogy
Author: Foluke I Adebisi
Publisher: Taylor & Francis
Total Pages: 307
Release: 2023-12-08
Genre: Education
ISBN: 1003821731

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This book offers an international breadth of historical and theoretical insights into recent efforts to "decolonise" legal education across the world. With a specific focus on post- and decolonial thought and anti-racist methods in pedagogy, this edited collection provides an accessible illustration of pedagogical innovation in teaching and learning law. Chapters cover civil and common law legal systems, incorporate cases from non-state Indigenous legal systems, and critically examine key topics such as decolonisation and anti-racism in criminology, colonialism and the British Empire, and court process and Indigenous justice. The book demonstrates how teaching can be modified and adapted to address long-standing injustice in the curriculum. Offering a systematic collection of theoretical and practical examples of anti-racist and decolonial legal pedagogy, this volume will appeal to curriculum designers and law educators as well as to undergraduate and post-graduate law level teachers and researchers.


Research Handbook on Feminist Political Thought

Research Handbook on Feminist Political Thought
Author: Mary Caputi
Publisher: Edward Elgar Publishing
Total Pages: 513
Release: 2024-05-02
Genre: Political Science
ISBN: 1800889135

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Illustrating the collective power and relevance of feminist theory today, Mary Caputi and Patricia Moynagh have carefully selected a diverse international range of leading scholars and activists to critically assess key social and political challenges in the twenty-first century. This Research Handbook demonstrates a variety of feminist analyses that offer compelling insights into an array of topics, including police brutality, the carceral state, racial and sexualised violence, trans rights, climate change, and the denial of reproductive rights.


Women's Legal Strategies in Canada

Women's Legal Strategies in Canada
Author: Radha Jhappan
Publisher: University of Toronto Press
Total Pages: 428
Release: 2002-01-01
Genre: Law
ISBN: 9780802076670

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Have Canadian women gained from their pursuit of legal remedies to social, political, economic, and cultural inequalities? Is law a fruitful avenue for such struggles? Using liberal feminist, postmodern, critical, race, and queer theory, these essays confront the anti-rights critiques of the legal Left regarding the use of law in general and the Charter in particular. Several chapters explicitly examine the strategic limits and possibilities of the substantive equality rights approaches pursued by LEAF (The Women's Legal Education and Action Fund). Others focus on legal strategies mobilized in discreet areas of law and public policy by foreign domestic workers and racialized women, lesbians, women seeking reproductive freedom, women in the childcare movement, and anti-violence advocates. Recognizing the diversity of women across class, citizenship, race and ethnicity, sexual identity, culture, and (dis)ability, this collection evaluates the efficacy of the wide range of legal and political strategies women have employed, particularly in this post-Charter era. Women's Legal Strategies in Canada is the most comprehensive account of these important issues and will surely become the standard work in the field.


Crossroads, Directions and A New Critical Race Theory

Crossroads, Directions and A New Critical Race Theory
Author: Francisco Valdes
Publisher: Temple University Press
Total Pages: 466
Release: 2002-08-12
Genre: History
ISBN: 9781566399302

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Its opponents call it part of "the lunatic fringe," a justification for "black separateness," "the most embarrassing trend in American publishing." "It" is Critical Race Theory. But what is Critical Race Theory? How did it develop? Where does it stand now? Where should it go in the future? In this volume, thirty-one CRT scholars present their views on the ideas and methods of CRT, its role in academia and in the culture at large, and its past, present, and future. Critical race theorists assert that both the procedures and the substance of American law are structured to maintain white privilege. The neutrality and objectivity of the law are not just unattainable ideals; they are harmful actions that obscure the law's role in protecting white supremacy. This notion—so obvious to some, so unthinkable to others—has stimulated and divided legal thinking in this country and, increasingly, abroad. The essays in Crossroads, Directions, and a New Critical Race Theory—all original—address this notion in a variety of helpful and exciting ways. They use analysis, personal experience, historical narrative, and many other techniques to explain the importance of looking critically at how race permeates our national consciousness.


The Routledge Handbook of Cultural Legal Studies

The Routledge Handbook of Cultural Legal Studies
Author: Karen Crawley
Publisher: Taylor & Francis
Total Pages: 562
Release: 2024-05-20
Genre: Law
ISBN: 1040013287

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This handbook provides a comprehensive introduction to the cutting-edge field of cultural legal studies. Cultural legal studies is at the forefront of the legal discipline, questioning not only doctrine or social context, but how the concerns of legality are distributed and encountered through a range of material forms. Growing out of the interdisciplinary turn in critical legal studies and jurisprudence that took place in the latter quarter of the 20th century, cultural legal studies exists at the intersection of a range of traditional disciplinary areas: legal studies, cultural studies, literary studies, jurisprudence, media studies, critical theory, history, and philosophy. It is an area of study that is characterised by an expanded or open-ended conception of what ‘counts’ as a legal source, and that is concerned with questions of authority, legitimacy, and interpretation across a wide range of cultural artefacts. Including a mixture of established and new authors in the area, this handbook brings together a complex set of perspectives that are representative of the current field, but which also address its methods, assumptions, limitations, and possible futures. Establishing the significance of the cultural for understanding law, as well as its importance as a potential site for justice, community, and sociality in the world today, this handbook is a key reference point both for those working in the cultural legal context – in legal theory, law and literature, law and film/television, law and aesthetics, cultural studies, and the humanities generally – as well as others interested in the interactions between authority, culture, and meaning.