Law & Culture - 2016 - Vol 41(2)

Law and CultureIn our Law & Culture column, you will find original works of fiction, reviews of a wide range of publications — not just conventional legal texts — as well as broader cultural forms such as films, TV shows, CDs, DVDs, art exhibitions and so on. The column links in with the Alternative Law Journal’s focus on law for the disadvantaged, human rights law and law reform.

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Native title from Mabo to Akiba: A Vehicle for Change and Empowerment?

Kate Galloway
native-title-from-mabo-to-akiba-150

Native title from Mabo to Akiba: A Vehicle for Change and Empowerment?
Sean Brennan, Megan Davis, Brendan Edgeworth, Leon Terrill (eds);
The Federation Press, 2015; 292 pages; $84.95 (paperback)

Beyond communal and individual ownership cover

Beyond communal and individual ownership: Indigenous Land Reform in Australia
Leon Terrill;
Routledge, 2015; 303 pages; UK£95 (hardback)

When I first encountered native title as a legal practitioner, having come from a commercial law background, I was surprised to see what I perceived to be negotiated yet largely-accepted strictures on native title claimants’ interests and the routine exclusion of commercial rights. Over a decade later, the landscape looks quite different. This edited book, Native Title from Mabo to Akiba, provides a comprehensive picture of key features of contemporary native title including the context for the shift in how we understand its potential.

The book has two parts. It commences with eight chapters on the legal dynamics in the development of native title, followed by a further nine chapters specifically on native title as a vehicle for Indigenous empowerment. The authors come from diverse disciplines and backgrounds, including policy, lawmaking, negotiation, research, and front line work with traditional owners. This provides the reader with wide-ranging viewpoints that canvass a spectrum of issues relevant to understanding what native title might deliver for Aboriginal and Torres Strait Islander Australians and, importantly, how.

(2016) 41(2) AltLJ 143

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Judging for the people: A Social History of the Victorian Supreme Court 1841–2016

Stephen Gray

Judging-for-the-People-264x307Simon Smith (ed); RHSV/Allen & Unwin, 2016; $60 (hardcover)

In 2014, when Helen Garner published her account of the trial of Robert Farquharson for the murder of his three young sons in a Winchelsea dam, she dedicated her book to the Victorian Supreme Court, ‘this treasury of pain, this house of power and grief’. 

Reading this history of the Victorian Supreme Court, auspiced by the Royal Historical Society of Victoria and edited by Simon Smith to mark the Court’s 175th anniversary, it is easy to see why.

A social history of the Court is, in a sense, a condensed history of Victoria itself, filtered through the lens of an institution built to accommodate and resolve its most intense political and social conflicts. These range from wills and gold rush crimes to Victoria’s own version of Dickens’ Jarndyce v Jarndyce, the fifty-year long battle over the construction contract for the Geelong-Ballarat railway (p 115), to the trials of Ned Kelly and Ronald Ryan. 

(2016) 41(2) AltLJ 144

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