Common Law and Colonised Peoples:Studies in Trinidad and Western Australia
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系列名:Routledge Revivals
ISBN13:9781138612365
出版社:PBKTYFRL
作者:Jeannine M. Purdy
出版日:2020/01/01
裝訂/頁數:平裝/309頁
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Published in 1997. It is well known in Australia that Aboriginal people are currently massively over-represented amongst the prison population. Although it is not officially acknowledged to the same degree in Trinidad, it is also well-known that Afro-Trinidadians are over-represented in the prisons of that county.
The disproportionate criminalisation of Aboriginal Australians and Afro-Trinidadians is interpreted by the author as a continuation and concretion of the myth of the barbaric, uncivilised and ungoverned 'savage; in opposition to which Western legal systems and societies have created their own identities. The book departs from much contemporary analysis in this area by drawing strongly upon a historical analysis of the operations of the common law in Trinidad and Western Australia. By doing so, the book illustrates that race/ethnicity and criminalisation are not necessarily contiguous.
What such analysis does reveal is another and more constant dimension to criminalisation; and that is economic basis of many of the legal relations instituted under British derived legal systems with respect to colonised peoples.
The disproportionate criminalisation of Aboriginal Australians and Afro-Trinidadians is interpreted by the author as a continuation and concretion of the myth of the barbaric, uncivilised and ungoverned 'savage; in opposition to which Western legal systems and societies have created their own identities. The book departs from much contemporary analysis in this area by drawing strongly upon a historical analysis of the operations of the common law in Trinidad and Western Australia. By doing so, the book illustrates that race/ethnicity and criminalisation are not necessarily contiguous.
What such analysis does reveal is another and more constant dimension to criminalisation; and that is economic basis of many of the legal relations instituted under British derived legal systems with respect to colonised peoples.
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