One Law for All?

In the planned colony of South Australia, Aboriginal people were to be British subjects, accountable to English law, but fully entitled to its protection. However, the dreams of London's reformers rapidly soured as British law struggled to protect the settlers interests and failed to protect Aboriginal lives and birth rights. Using rarely discussed documents, Pope reveals how the complexities played out and where, despite the rhetoric, Aboriginal people were treated poorly.

This is the first study of the stories behind the court appearances. It reveals the people who developed relationships across the racial divide: Aboriginal people confused about why they were facing a magistrate and deciding whether to resist the invaders or move quietly into their society; colonists struggling to keep their pastoral enterprises going, and finding there was more to the story than they thought; officials working with inadequate resources and lawyers mounting arguments to keep their Aboriginal clients out of gaol; and, a Chief Justice trying to apply English law to Indigenous citizens.

Using rarely discussed documents, Pope reveals how the complexities played out and where, despite the rhetoric, Aboriginal people were treated poorly.

Production Details

• Paperback
• 215mm x 140mm x 14mm
• 276pp
• Released January 2011
• ISBN 9780855757489

Contents

List of Tables
Preface
Map
Chapter 1: Introduction
Chapter 2: Legal policy and early practice
Chapter 3: Amenability and Jurisdiction
Chapter 4: Admitting Aboriginal evidence
Chapter 5: Language problems
Chapter 6: Inter se jurisdiction
Chapter 7: Murder and manslaughter
Chapter 8: Assault and Robbery
Chapter 9: Property offences
Chapter 10: Protected by the law?
Chapter 11: Conclusions and observations
Appendix : Cases involving Aboriginal people 1836-1862
Notes
Bibliography
Index

About The Cover

Cover: 'Wiltjas', 2010, 600x750mm, Acrylic on canvas, Joyce Walkabout, Iwantja Arts & Crafts