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The Law and the Desert: Alternative Methods of Delivering Justice
Author(s) -
Anderson Louise
Publication year - 2003
Publication title -
journal of law and society
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.263
H-Index - 48
eISSN - 1467-6478
pISSN - 0263-323X
DOI - 10.1111/1467-6478.00249
Subject(s) - law , jurisdiction , political science , indigenous , economic justice , due process , desert (philosophy) , common law , sociology , sources of law , ecology , biology
This article considers the way in which the Federal Court of Australia has adapted to the native title jurisdiction. Here we see how common law approaches to law and procedure challenge, and are challenged by, the culture of indigenous peoples and customary law. It conveys the risk of cultural violence in a balancing of legal and cultural norms and shows how access to justice debates reach beyond debates about funding and advice into more fundamental issues about legal process and the nature of substantive law. The Court's approach to facilitating access to justice goes deeper than essential procedural changes. Its approach suggests a cultural change within the Court.