HISTORICAL EXPERTS AND INDIGENOUS LITIGANTS: the role of Historical Expert Evidence in Federal Court Cases. Since Mabo, historians are increasingly being called as expert witnesses in cases involving indigenous litigants. Historians perceive serious difficulties in the Court's treatment of qualitative, historical material, resulting in a possible denial of access to justice. The project investigates this treatment, pursuing issues such as expert evidence generally, the specific relationship betw ....HISTORICAL EXPERTS AND INDIGENOUS LITIGANTS: the role of Historical Expert Evidence in Federal Court Cases. Since Mabo, historians are increasingly being called as expert witnesses in cases involving indigenous litigants. Historians perceive serious difficulties in the Court's treatment of qualitative, historical material, resulting in a possible denial of access to justice. The project investigates this treatment, pursuing issues such as expert evidence generally, the specific relationship between Law and History, and the particularity of cases involving indigenous claims. The investigation asks whether historians as expert witnesses can retain both their historical professionalism and adapt to the requirements of the courts, or whether the courts? rules of evidence themselves require adaptation.
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Linkage Infrastructure, Equipment And Facilities - Grant ID: LE150100051
Funder
Australian Research Council
Funding Amount
$410,000.00
Summary
The Australasian Legal History Libraries: Stage II. The Australasian legal history libraries stage II: Australia's leading legal historians will partner with the Australasian Legal Information Institute (AustLII) to create a massive expansion of free online access to Australasian legal history through digitisation and data aggregation. The Legal History Libraries on AustLII will become a comprehensive trans-Tasman collection from 1788-1999, including all reported case series and those from colon ....The Australasian Legal History Libraries: Stage II. The Australasian legal history libraries stage II: Australia's leading legal historians will partner with the Australasian Legal Information Institute (AustLII) to create a massive expansion of free online access to Australasian legal history through digitisation and data aggregation. The Legal History Libraries on AustLII will become a comprehensive trans-Tasman collection from 1788-1999, including all reported case series and those from colonial newspaper reports, and all Acts enacted, plus key collections of historical Bills, Gazettes, legal commentaries, and Parliamentary reports. The Libraries are expected to double in size from their current 50,000 items of cases and legislation. The Libraries will enable previously impractical access, comparative research, and international collaborations.Read moreRead less
Sexual Offences, Legal Responses and Public Perceptions: 1880s-1980s. Testimony of sexual abuse before the current Royal Commission has exposed the historic neglect and cover-up of institutional offences. Yet, to unearth the deeper and wider dimensions of sexual offending requires scholarly historical analysis. This project aims to use qualitative and quantitative analysis to track how and why certain forms of sexual behaviour sparked public concern and provoked legal responses and public inquir ....Sexual Offences, Legal Responses and Public Perceptions: 1880s-1980s. Testimony of sexual abuse before the current Royal Commission has exposed the historic neglect and cover-up of institutional offences. Yet, to unearth the deeper and wider dimensions of sexual offending requires scholarly historical analysis. This project aims to use qualitative and quantitative analysis to track how and why certain forms of sexual behaviour sparked public concern and provoked legal responses and public inquiries from the 1880s to the 1980s. The systematic examination of these patterns through archival and published documents is intended to test the relation between shifting community and political concerns and the conduct of criminal trials.Read moreRead less
The Social History of Punishment in Modern China. The project will investigate the cultural and historical roots of the political and social practices of punishment in modern Chinese history in order to answer the question of why harsh punitive measures have been so readily used and accepted. The subject has never been adequately researched. Extensive use will be made of interviewing, archival materials, and a wide range of other documentation. It is important to comprehend from an historical pe ....The Social History of Punishment in Modern China. The project will investigate the cultural and historical roots of the political and social practices of punishment in modern Chinese history in order to answer the question of why harsh punitive measures have been so readily used and accepted. The subject has never been adequately researched. Extensive use will be made of interviewing, archival materials, and a wide range of other documentation. It is important to comprehend from an historical perspective the past and present Chinese mentality regarding punitiveness and law-and-order in order to come to grips with human rights issues and China's legal system.Read moreRead less
Learning to Drink:a socio-cultural history of the introduction of alcohol to Indigenous Australians and a critique of existing explanations. The wide distribution of alcohol-related problems among Indigenous people is undoubtedly related to the ongoing legacy of Australia's colonisation. This study examines forces and factors that have shaped distinctive present-day Indigenous alcohol-related behavioural patterns, by analysing the history of interactions between Aborigines and colonisers around ....Learning to Drink:a socio-cultural history of the introduction of alcohol to Indigenous Australians and a critique of existing explanations. The wide distribution of alcohol-related problems among Indigenous people is undoubtedly related to the ongoing legacy of Australia's colonisation. This study examines forces and factors that have shaped distinctive present-day Indigenous alcohol-related behavioural patterns, by analysing the history of interactions between Aborigines and colonisers around alcoholic beverages. In this endeavour, the historical and cultural continuities in the style of drinking are the focus, rather than the number of consumers. Current understandings of problem drinking, emphasising distress and biology, impede progress and will be challenged. In contrast, a social learning model is conducive to optimism about implementing new treatment approaches.Read moreRead less
The NSW Aborigines Protection/Welfare Board 1883-1969: A History. Between 1883 and 1967 the lives of Aboriginal people in New South Wales (NSW) were in the hands of the NSW Aborigines Protection/Welfare Board. The impact of the Board's systematic control over Aboriginal communities through policies of segregation, assimilation, child removal and wage withholding would endure for decades, and the negative results of those government directives are still being seen today. To date, however, no subs ....The NSW Aborigines Protection/Welfare Board 1883-1969: A History. Between 1883 and 1967 the lives of Aboriginal people in New South Wales (NSW) were in the hands of the NSW Aborigines Protection/Welfare Board. The impact of the Board's systematic control over Aboriginal communities through policies of segregation, assimilation, child removal and wage withholding would endure for decades, and the negative results of those government directives are still being seen today. To date, however, no substantive history of the NSW Aborigines Protection/Welfare Board exists. This project aims to provide such a history, based on extensive archival and oral history research. Holding critical importance to NSW Aboriginal communities, the project expects to encourage the development of Indigenous historians in the process.Read moreRead less