| Description |
xxvii, 301 pages, 10 unnumbered pages of plates : illustrations, maps, portraits ; 24 cm |
| Series |
Legal history ; 14 |
|
Legal history (North Ryde, N.S.W.) ; 14
|
| Contents |
Pt.1: Legalistic devices and Aboriginal-European relations 1829-1838. 1. European-Noongar relations: the status of outlawry -- 2. Outlaws or patriots with whom agreements could be made? -- 3. Stirling's punitive expeditions -- Pt. 2: The impact of humanitarian networks on the British government in the 1830s and 1840s. 4. The humanitarian networks' influence on Colonial Office policy -- Pt. 3. The contests between formal legal equality and colonial governance in the early 1840s. 5. Governor Hutt's Aboriginal policy: ideals and practice -- 6. The contest over formal legal equality: the Aboriginal Evidence act -- 7. The status of Aboriginal law and the extent of British sovereignty -- Pt. 4: Labour on the land. 8. Aborignal land rights in the 1830s and early 1840s -- 9. The exception becomes the rule: Aborignal labour in the 1840s -- 10. An unequal colonial subject: extending the summary jurisdiction of magistrates to Aboriginal people -- Conclusion -- Appendix: John Hutt's questions - circular from the Colonial Secretary's Office, 15 January, 1839 |
| Summary |
A Different Kind of Subject describes the approach taken by British and colonial governments towards Aboriginal-European relations in Western Australia, focusing on British colonial law, during the period where magistrates and judges were recruited from among the settlers, prior to the establishment of formal Supreme Court in 1861. It analyses how various legalistic devices were employed to deny Aboriginal people their rights, particularly Noongar people on whose land the colonial invasion first occurred, and examines how colonial law was used to regulate Aboriginal-European relations. During the early 1830s when the future of the colony was in doubt, proposals for agreements were made that sought a solution to conflict over land and resources. Noongar asserted their own worldview and laws on the newcomers but with limited success as they witnessed restrictions on their activities and access to their country. Instead Aboriginal people were subject to a new kind of status with neither rights as full British subjects nor as Indigenous inhabitants. The increase in Aboriginal labour in the new colonial society would mean that Aboriginal people would be regarded as a different kind of subject. The legacy of that failure to negotiate status and rights has lasted until the present day, but the recent opportunity for the WA Government and Noongar people to negotiate an agreement is a timely reminder of what may be possible |
| Analysis |
ABORIGINAL AUSTRALIANS |
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Australian |
|
Australians |
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GOVERNMENT POLICY |
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LEGAL RIGHTS |
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NYOONGAR (AUSTRALIAN PEOPLE) |
| Notes |
"A different kind of subject" is a special book issue and volume 14 of the journal "Legal History", ISSN 1833-7155, which is published by Australian Scholarly Publishing |
|
Originally published: 2011 |
| Bibliography |
Includes bibliographical references (pages [285]-295) and index |
| Audience |
Tertiary/Undergraduate, General |
| Subject |
Aboriginal Australians -- Government policy -- Australia -- Western Australia -- History -- 19th century.
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Aboriginal Australians -- Government policy -- Australia -- Western Australia -- History.
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Aboriginal Australians -- Australia -- Western Australia -- Government relations -- History.
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Aboriginal Australians -- Legal status, laws, etc. -- Government policy -- Australia -- Western Australia.
|
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Aboriginal Australians -- Legal status, laws, etc. -- Australia -- Western Australia -- History -- 19th century.
|
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Aboriginal Australians -- Legal status, laws, etc. -- Australia -- Western Australia -- History.
|
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Aboriginal Australians -- Australia -- Western Australia -- Government relations.
|
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Noongar (Australian people)
|
| LC no. |
2012452180 |
| ISBN |
9781921875557 |
|
