This book explores the history of Indigenous/settler relations through the
lens of criminal law’s relationship with Indigenous people. Many socio-legal
and historical studies have focused on inter-racial offences, from which are
read the racialized character of legal regimes. By contrast, we argue that there
has been too little attention in legal, socio-legal, criminological and historical
work to the phenomena of inter se violence. This absence has limited
the understanding of the law in modern states. In this text, we break from
this approach and examine the foundations of criminal law’s response to the
victimization of one Indigenous person by another (inter se crime). Our study
asks how the criminal law deals with inter se violence. Bringing together our
expertise and interest in law and history, we explore the policing, prosecution
and punishment of Indigenous violence in Australia over the past 200 years.
Through this study, we demonstrate how criminal law is consistently framed
as the key test of sovereignty, whatever the challenges faced in effecting its
jurisdiction.
Indigenous Crime and Settler Law draws on a wealth of archival and legal
case material to contribute to a better appreciation of the historical depth
and legal complexity posed by the co-existence of multiple socio-cultural
formations in one territorial space. Here, we use Australia as a case study to
explore the way sovereignty and jurisdiction work in post-colonial states.
Hence, this book is also about the legacy of empire and the impact of
colonization on law in the modern state, themes which echo throughout
contemporary socio-legal scholarship. Ultimately, we show that, against
the changing background of settler encounters with Australian Indigenous
peoples, the question of Indigenous amenability to imported British criminal
law in Australia was not resolved in the nineteenth century and remains
surprisingly open. We conclude that settlers and Indigenous peoples still
live in the shadow of empire, struggling to reach an understanding of each
other, a condition that resonates in post-colonial communities throughout
the world.