The Hidden Whiteness of Law: A Case Study

File Size Format
15018_1.pdf 684Kb Adobe PDF View
Title The Hidden Whiteness of Law: A Case Study
Author Ransley, Janet Ann; Marchetti, Elena Maria
Journal Name Griffith Law Review
Editor Sandra Berns, Rosemary Hunter, William MacNeil, Shaun McVeigh, Bronwyn Statham
Year Published 2001
Place of publication Australia
Publisher Griffith University
Abstract Indigenous people face procedural barriers in bringing actions in the Australian legal system, such as the need to frame their claims within Western cultural constructs of individual actions and economic loss, and to transform their stories into the written evidence privileged by courts. But an even greater barrier is the hidden Whiteness of Australian courts, which places Indigenous people as the 'Other' who must either change their claims to conform with 'our' requirements, or be rejected. The case study explored in this article shows how this Whiteness exhibits itself in procedural requirements; in its racialising of Indigenous people, their claims and evidence; and in its assumptions of essentialist views of Indigenous culture as something fixed in the past. Judges and lawyers need to step outside their personae as Whites faced with Others, to adopt one where 'us' embraces Indigenous people and culture too.
Peer Reviewed Yes
Published Yes
Publisher URI
Copyright Statement Copyright 2001 Griffith Law School. The attached file is reproduced here in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version.
Volume 10
Issue Number 1
Page from 139
Page to 152
ISSN 1038-3441
Date Accessioned 2002-03-26
Date Available 2015-01-20T01:07:05Z
Language en_US
Research Centre ARC Centre of Excellence in Policing and Security; Key Centre for Ethics, Law, Justice and Governance
Subject PRE2009-Law and Society
Publication Type Journal Articles (Refereed Article)
Publication Type Code c1

Show simple item record

Griffith University copyright notice