Frameworks for Including Indigenous Issues in Torts: Stolen Generations Case Study

Anthony, T

Frameworks for Including Indigenous Issues in Torts: Stolen Generations Case Study

Anthony, T

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Publisher:: Jumbunna Indigenous House of Learning (Research Unit) University of Technology, Sydney
Publication Type:: Journal Article
Citation:: Ngiya: Talk the Law, 2012, 4 pp. 30 - 45
Issue Date:: 2012-01

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Field	Value	Language
dc.contributor.author	Anthony, T https://orcid.org/0000-0002-0652-0731	en_US
dc.date.issued	2012-01	en_US
dc.identifier.citation	Ngiya: Talk the Law, 2012, 4 pp. 30 - 45	en_US
dc.identifier.issn	1834-769X	en_US
dc.identifier.uri	http://hdl.handle.net/10453/23352
dc.description.abstract	Tort Law subjects are well-known for their novel cases; snails in bottles,2 ricocheting firecrackers3 and hundreds of thousands of dollars found in a household cupboard.4 These negligence and trespass cases push the boundaries of precedent, and are critical for understanding the opportunities that tort law provides. However, tort law is constantly opening up new avenues, including breach of statutory duty5 and misfeasance in public office. Stolen Generations litigation pushes some of these doctrinal boundaries. It signifies the potential for tort law to provide remedies for historical wrongs by the state. Stolen Generations cases also reveal how tort law provides not only compensation for physical and psychological harm but also for cultural loss. They reveal the unique loss that Indigenous people suffer at the hands of paternalist policy.	en_US
dc.publisher	Jumbunna Indigenous House of Learning (Research Unit) University of Technology, Sydney	en_US
dc.relation.ispartof	Ngiya: Talk the Law	en_US
dc.title	Frameworks for Including Indigenous Issues in Torts: Stolen Generations Case Study	en_US
dc.type	Journal Article
utslib.citation.volume	4	en_US
utslib.for	1801 Law	en_US
utslib.for	1699 Other Studies in Human Society	en_US
utslib.for	2003 Language Studies	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
pubs.organisational-group	/University of Technology Sydney/Strength - SIC - Strengthening Indigenous Communities
utslib.copyright.status	closed_access
pubs.consider-herdc	true	en_US
pubs.volume	4	en_US

Abstract:

Tort Law subjects are well-known for their novel cases; snails in bottles,2 ricocheting firecrackers3 and hundreds of thousands of dollars found in a household cupboard.4 These negligence and trespass cases push the boundaries of precedent, and are critical for understanding the opportunities that tort law provides. However, tort law is constantly opening up new avenues, including breach of statutory duty5 and misfeasance in public office. Stolen Generations litigation pushes some of these doctrinal boundaries. It signifies the potential for tort law to provide remedies for historical wrongs by the state. Stolen Generations cases also reveal how tort law provides not only compensation for physical and psychological harm but also for cultural loss. They reveal the unique loss that Indigenous people suffer at the hands of paternalist policy.

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http://hdl.handle.net/10453/23352