Book contents
- The Cambridge Legal History of Australia
- The Cambridge Legal History of Australia
- Copyright page
- Contents
- Figures
- Maps
- Contributors
- Maps
- 1 Editors’ Introduction
- I Cultures of Law
- 2 Plural Legal Orders: Concept and Practice
- 3 English Legal Culture in the Late Eighteenth Century: Institutions and Values
- 4 Challenging Settler State Legal Fantasies: Basic Precepts of First Law
- II Public Authority
- III Public Authorities in Encounter
- IV Land and Environment
- V Social Organisation
- VI Social Ordering
- VII Reckonings
- Index
2 - Plural Legal Orders: Concept and Practice
from I - Cultures of Law
Published online by Cambridge University Press: 04 August 2022
- The Cambridge Legal History of Australia
- The Cambridge Legal History of Australia
- Copyright page
- Contents
- Figures
- Maps
- Contributors
- Maps
- 1 Editors’ Introduction
- I Cultures of Law
- 2 Plural Legal Orders: Concept and Practice
- 3 English Legal Culture in the Late Eighteenth Century: Institutions and Values
- 4 Challenging Settler State Legal Fantasies: Basic Precepts of First Law
- II Public Authority
- III Public Authorities in Encounter
- IV Land and Environment
- V Social Organisation
- VI Social Ordering
- VII Reckonings
- Index
Summary
This chapter examines how we think about questions of plurality and the relations between legal orders. It does so through a specific history of the engagement between Indigenous legal orders and the Australian common law from the perspective of the latter. This chapter approaches legal plurality through the specific lens of thinking, both conceptually and practically, with jurisdiction. It looks at the ways in which the technology of jurisdiction has worked to obscure Indigenous legal orders and hence plurality. The chapter notes the increasing division between the approach of the High Court of Australia to plurality – as a matter to be contained or ignored –and the increasingly careful histories being written of our plural pasts and present.
- Type
- Chapter
- Information
- The Cambridge Legal History of Australia , pp. 19 - 39Publisher: Cambridge University PressPrint publication year: 2022