Justice in whose eyes? Why lawyers should read black Australian literature

Abstract

This article presents a challenge to legal scholars to engage with Indigenous literature. Because such literature is closely aligned to Indigenous movements, it is a rich source of information in relation to what Indigenous people believe is necessary for them to receive redress for the injuries of colonisation. Such engagement grounds the conclusion that litigation is rarely an end in itself, but rather one part of an enduring struggle for the transformation of relationships between Indigenous people and the state. Platforms written by Indigenous people are holistic and, in spite of diversity over time, they usually include at least three elements – the realisation of self-determination, the creation of a land base, and compensation for dispossession. Critical race theory provides a theoretical foundation for the incorporation of such platforms into legal scholarship. By engaging with Indigenous literature, legal scholars will be exposed to the shortcomings of the native title recognition process, and devise new frameworks that will support Indigenous self-determination.

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