1st Edition

Common Law and Colonised Peoples
Studies in Trinidad and Western Australia

ISBN 9781138612365
Published June 29, 2020 by Routledge
321 Pages

USD $39.95

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Book Description

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.

Table of Contents

1. Introduction  Part 1: Theory, Methodology and All That  2. Theory  3. Methodology  4. Other Matters  Part 2: Contemporary Criminalisation  5. Criminalisation in Contemporary Trinidad  6. Criminalisation in Contemporary Western Australia  Part 3: Law, Violence and Economics  7. Law  8. Violence  9. Economics  10. Conclusion

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