Plural Legal Orders: Concept and Practice

Dorsett, S

Plural Legal Orders: Concept and Practice

Dorsett, S

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Publisher:: Cambridge University Press
Publication Type:: Chapter
Citation:: The Cambridge Legal History of Australia, 2022, pp. 19-39
Issue Date:: 2022

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Field	Value	Language
dc.contributor.author	Dorsett, S https://orcid.org/0000-0002-3541-5164
dc.contributor.editor	Cane, P
dc.contributor.editor	Ford, L
dc.contributor.editor	McMillan, M
dc.date.accessioned	2022-09-05T06:28:49Z
dc.date.available	2022-09-05T06:28:49Z
dc.date.issued	2022
dc.identifier.citation	The Cambridge Legal History of Australia, 2022, pp. 19-39
dc.identifier.isbn	1108633943
dc.identifier.isbn	9781108633949
dc.identifier.uri	http://hdl.handle.net/10453/161367
dc.description.abstract	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.
dc.format.extent	32
dc.language	en
dc.publisher	Cambridge University Press
dc.relation.ispartof	The Cambridge Legal History of Australia
dc.relation.isbasedon	10.1017/9781108633949.002
dc.rights	info:eu-repo/semantics/closedAccess
dc.title	Plural Legal Orders: Concept and Practice
dc.type	Chapter
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	closed_access	*
pubs.consider-herdc	true
dc.date.updated	2022-09-05T06:28:48Z
pubs.publication-status	Published

Abstract:

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.

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http://hdl.handle.net/10453/161367