Crime, Justice and Indigenous Peoples: The ‘New Justice’ and Settler States

Broadhurst, Roderic G. (1999) Crime, Justice and Indigenous Peoples: The ‘New Justice’ and Settler States. Australian and New Zealand Journal of Criminology, 32(3), pp. 105-108.

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The articles in this issue draw on cross-national comparisons of indigenous crime and justice in three ‘settler societies’, Australia, Canada and New Zealand. These kindred states share a common imperial history but their geo-political, cultural and historical trajectories are sufficiently different to reveal the underlying character of neo-colonial indigenous-state relations. Despite differences in indigenous culture, the timing of contact, the ‘civilizing’ or assimilationist mechanisms employed and constitutional form all states share an over-reliance on penal measures as a means of regulating indigenous-state relations. Yet considerable variations in the penal experience of Aborigines are observed so that differences are often greater amongst them than between Aborigines and non-Aborigines. These anomalies in indigenous criminalization are for Tyler (this issue) not only a product of anomie but reflect variations in economic dependency, cultural resilience, ethnic fluidity and 'identity' arising from the encounter with the post-colonial state.

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ID Code: 5886
Item Type: Journal Article
Refereed: Yes
Additional URLs:
Keywords: Aborigine, crime, post, colonialism, indigenous law, Maori, Native American
ISSN: 0157-1532
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Aboriginal and Torres Strait Islander Law (180101)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 1999 Australian Academic Press
Copyright Statement: Reproduced in accordance with the copyright policy of the publisher.
Deposited On: 20 Dec 2006 00:00
Last Modified: 01 Sep 2010 12:40

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