The Resource Settler justice and Aboriginal homicide in late colonial Australia, Mark Finnane

Settler justice and Aboriginal homicide in late colonial Australia, Mark Finnane

Label
Settler justice and Aboriginal homicide in late colonial Australia
Title
Settler justice and Aboriginal homicide in late colonial Australia
Statement of responsibility
Mark Finnane
Creator
Subject
Language
eng
Summary
"This article examines the hidden history of criminal justice in late colonial Australia by focusing on Aboriginal inter se offending. Most Aboriginal defendants appearing in late colonial criminal courts were prosecuted for violent crimes against other Aboriginal people. The article explore how common such cases were and the degree to which the acknowledgement of cultural difference affected justice process and outcomes.The frequent invocation of 'custom' commonly led juries to recommend the mercy of the Crown to those Aboriginal defendants found guilty of committing a homicide. I argue that 'custom' was increasingly used by settler judicial processes as a shorthand way of explaining what was otherwise seen as unexplainable. In the twentieth century 'custom' would receive greater attention through the development of jurisprudence and policy around the idea of customary law." [Authors abstract]
Is part of
http://library.link/vocab/creatorName
Finnane, Mark
Index
no index present
Literary form
non fiction
Label
Settler justice and Aboriginal homicide in late colonial Australia, Mark Finnane
Instantiates
Publication
Label
Settler justice and Aboriginal homicide in late colonial Australia, Mark Finnane
Publication

Library Locations

    • Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS)Borrow it
      51 Lawson Cres, Acton, ACT, 2601, AU
      -35.292556 149.118617
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