Law, Culture and Decolonisation: The Perspectives of Aboriginal Elders on Family Violence in Australia

2021 ◽  
pp. 096466392110461
Author(s):  
Harry Blagg ◽  
Victoria Hovane ◽  
Tamara Tulich ◽  
Donella Raye ◽  
Suzie May ◽  
...  
Keyword(s):  
Family Violence ◽  
Theory And Practice ◽  
Aboriginal Peoples ◽  
Public Attention ◽  
Systemic Racism ◽  
Aboriginal Women ◽  
Carceral Feminism ◽  
Aboriginal Law ◽  
Traditional Patterns ◽  
Aboriginal Elders

Family violence within Aboriginal communities continues to attract considerable scholarly, governmental and public attention in Australia. While rates of victimization are significantly higher than non-Aboriginal rates, Aboriginal women remain suspicious of the ‘carceral feminism’ remedy, arguing that family violence is a legacy of colonialism, systemic racism, and the intergenerational impacts of trauma, requiring its own distinctive suite of responses, ‘uncoupled’ from the dominant feminist narrative of gender inequality, coercive control and patriarchy. We conclude that achieving meaningful reductions in family violence hinges on a decolonizing process that shifts power from settler to Aboriginal structures. Aboriginal peoples are increasingly advocating for strengths-based and community-led solutions that are culturally safe, involve Aboriginal justice models, and recognises the salience of Aboriginal Law and Culture. This paper is based on qualitative research in six locations in northern Australia where traditional patterns of Aboriginal Law and Culture are robust Employing a decolonising methodology, we explore the views of Elders in these communities regarding the existing role of Law and Culture, their criticisms of settler law, and their ambitions for a greater degree of partnership between mainstream and Aboriginal law. The paper advances a number of ideas, based on these discussions, that might facilitate a paradigm shift in theory and practice regarding intervention in family violence.

scholarly journals Criminal responsibility for medical malpractice in the jurisdictional practice of Serbia

2019 ◽  
Vol 147 (5-6) ◽  
pp. 380-385
Author(s):  
Vladimir Miletic
Keyword(s):  
Medical Malpractice ◽  
Criminal Responsibility ◽  
Criminal Policy ◽  
Healthcare Services ◽  
Theory And Practice ◽  
Special Importance ◽  
Medical Assistance ◽  
Public Attention ◽  
The Public ◽  
The Republic

In the field of protection and improvement of people?s health, there is a special importance of legally, efficiently, regularly, professionally, and punctually providing medical care, performing other healthcare services, or simply providing medical assistance or care. In this way, an essential social function is achieved, as well as the protection of the constitutionally proclaimed right of physical and mental integrity of the public. However, deterioration of an individual?s health who has been medically assisted is possible in the process of providing medical, or any other assistance in the field of medicine. If it is a gross medical misconduct or any other type of medical misconduct, or gross violation of a profession?s rules, because of which there is a possibility of deterioration of health of one or more individuals, then the crime of medical negligence, for which there are strict statutory offences, applies. This article addresses the aspect of theory and practice about the significance, social jeopardy, and prevalence of this crime, or criminal policy of courts in the Republic of Serbia, alongside many articles in the printed and electronic media which provoke great public attention and rough comments.

scholarly journals Official Reporting of Religious Organizations as a Source of Empirical Data on the Activities of the Church: Some Questions of Theory and Practice of the Evangelical Lutheran Church of Sweden

2020 ◽  
pp. 135-145
Author(s):  
O. A. Balabeikina ◽  
N. M. Mezhevich ◽  
A. A. Iankovskaia
Keyword(s):  
Academic Research ◽  
Partial Solution ◽  
The State ◽  
Theory And Practice ◽  
Public Attention ◽  
Reference Case ◽  
Global Trends ◽  
The World ◽  
The Relationship ◽  
The Church

The relevance of any material offered to the scientific and expert community depends on many factors. Objectively, the presence of this or that issue in the center of public attention has a positive effect on the actualization of this or that article. However, there is an obvious danger. Academic approaches that accidentally find themselves in resonance with global trends can fall victim to political conjuncture. Relevance in this case can fall victim to the political moment. Moreover, this or that topic, being in the center of public discussion, negatively affects the academic understanding of the problem. All this fully relates to the question of the relationship between the state and the church in modern Europe and Russia.A few words about global trends. Their essence boils down to the growing confrontation between supporters of new ideological approaches and traditionalists, among whom are many adherents.The relationship between religion and the state testifies to the fact that states and societies have not yet learned to draw an effective line between their interests and those of adherents. This fact presupposes careful state and public participation in the affairs of the church. However, acknowledging this circumstance is not enough. The state must clearly know what, where and how is happening in the church sphere of the life of society in cases where church affairs can affect public and state security.It is also known that almost all the leading churches, to a greater or lesser extent, provide official reporting to the state. However, working with this reporting, its scientific analysis is not always representative.Objective. The presented article is aimed at a partial solution of the problem of increasing the effectiveness of academic research of the church` activities. Moreover, it is made based on official church statistics.The author’s position is the following. States and societies have no right to let go of this vital sphere of life. The functions of the state, in this case, are at least controlling. The ineffective execution of its functions by the state can be revealed in many countries of the world. The situation in France is nothing more than a reference case of a problem that, to one degree or another, exists in most of the countries of the world, which are distinguished by ethnic and confessional heterogeneity.

The Duty to Consult and Accommodate Aboriginal Peoples: A Primer for Ontario Surveyors Working in Resources Development

GEOMATICA ◽  
2014 ◽  
Vol 68 (1) ◽  
pp. 15-24 ◽  
Author(s):  
H.W. Roger Townshend ◽  
Michael McClurg
Keyword(s):  
Resource Development ◽  
Aboriginal Peoples ◽  
Resource Extraction ◽  
Government Decision ◽  
The Common ◽  
The Government ◽  
Aboriginal Law ◽  
Natural Resource Development ◽  
Common Understanding

Aboriginal law has developed to require Aboriginal peoples to be “consulted and accommodated” if their rights may be impacted by a government decision, including a government permit or approval of a project of a private proponent. For example, hunting rights often exist throughout a First Nation’s treaty or traditional territory (i.e. far beyond the limits of reserves), and the duty to consult and accommodate can be triggered by mining and other resource development. Contrary to the common understanding of some of those unfamiliar with this area of law, this duty applies not only to activities undertaken under federal authorization, but also to those under provincial authorization. The Crown’s “duty to consult and accommodate” Aboriginal peoples has become a central theme in the discussion of natural resource development in Canada. In response to various decisions of Canadian courts, the Government of Ontario significantly overhauled its Mining Act in 2009 to provide for some consultation with Aboriginal communities. Those changes came in to effect in the spring of 2013. This paper will describe the constitutional duty to consult as it has been described and elaborated on by courts in Canada and some of the implications it has for resource extraction in Ontario. It will then undertake a case study discussing Ontario’s attempt to respond to its duty to consult by amending the Mining Act regime. Finally, the paper will consider the flaws in the Mining Act and the reasons that exploration companies and surveyors working for them should be prudent and pro-active when undertaking intrusive activities in the traditional territories of Aboriginal peoples.

Communist Education: Theory and Practice

1962 ◽  
Vol 10 ◽  
pp. 84-97
Author(s):  
C. T. Hu
Keyword(s):  
The State ◽  
Theory And Practice ◽  
Chinese People ◽  
Communist State ◽  
Chinese Nation ◽  
Education Theory ◽  
Educational Task ◽  
Traditional Patterns ◽  
Communist Education ◽  
Partial Reversion

Paradoxically, the contemporary phase of China's development under Communism is at once an extreme form of Westernisation and a partial reversion to traditional patterns. The totalitarian character of the present regime is not only reminiscent of the ancient autocratic order but is attributable to that tradition for its acceptance and acquiescence. On the ideological front, the state of confusion of thought, compounded by almost a century's cultural dislocation, has been brought to an abrupt end, with the promulgation of Marxism-Leninism as the state ideology which, though antithetic to Confucian orthodoxy in every essential way, is equally pervasive. Inasmuch as the ideological ‘reconditioning of the Chinese nation is first and foremost an educational task, education has become the exclusive concern of the Communist state. Moreover, within the Marxian ideological framework, the pursuit of concrete national goals requires the education of the Chinese people. Hence there are two major aspects in the study of Chinese education under Communism: Fundamental principles and actual implementation; in short, theory and practice.

scholarly journals Consulting Whom? Lessons from the Toronto Urban Aboriginal Strategy

2014 ◽  
Vol 5 (1) ◽  
Author(s):  
Mai T Nguyen
Keyword(s):  
Steering Committee ◽  
Urban Setting ◽  
Aboriginal Peoples ◽  
Consultation Process ◽  
Aboriginal Community ◽  
Aboriginal Women ◽  
Political Exclusion ◽  
Critical Components ◽  
The Right ◽  
Public Consultations

The research conducted here looks at the current Urban Aboriginal Strategy (UAS) in Toronto. The purpose of this Strategy is to provide long-term investments to support Aboriginal communities in urban settings by focusing on three priority areas: improving life skills; promoting job training, skills, and entrepreneurship; and supporting Aboriginal women, children, and families. This article seeks to answer the following question: Does the UAS provide Aboriginal participants with the ability to effectively participant in the consultation process? It argues that the UAS process of consulting with the urban Aboriginal community does not allow for the effective participation of Aboriginal peoples because of problematics related to consulting in an urban setting and despite the language of partnership, the federal government still reserves the right to make final decisions. These problems diminish the ability to build renewed Aboriginal-State relations based on mutual respect and trust, which has been absent within the Aboriginal-State apparatus and resulted in the political exclusion of Aboriginals in Canada. Though consultation can be a vehicle for empowering participants with decision-making authority, this is not the case in Toronto. The lack of a common vision, political buy-in, and the aura of secrecy leads to a political relationship built on mistrust. Mistrust between members and government renders the consultation process ineffective. This article combines the literature on public consultations with official government documents to identify critical components that must be evident for consultations to be fruitful and participation effective. These criteria are the benchmarks upon which to measure effectiveness. Based on interviews with the Steering Committee, this article finds that the UAS process of consulting with the Toronto Aboriginal community does not enable Aboriginal participants to effectively participate in the democratic process.

scholarly journals Continued STEM Commitment in Light of 2020 Events: A Perspective From the Illinois Louis Stokes Alliance for Minority Participation

2021 ◽  
Vol 6 ◽  
Author(s):  
Christopher Botanga ◽  
Suzanne Blanc ◽  
LeRoy Jones ◽  
Michelle Day ◽  
Mariel Charles
Keyword(s):  
Qualitative Data ◽  
Latino Students ◽  
Theory And Practice ◽  
Data Sets ◽  
Underrepresented Minority ◽  
Systemic Racism ◽  
Minority Participation ◽  
The Face ◽  
Study Participants ◽  
The Impact

We evaluated the impact of the current COVID-19 pandemic and systemic racism on Underrepresented Minority (URM) students pursuing higher education in the STEM fields. Given the ongoing pandemic and the wave of protests in response to a series of police brutalities and systemic racism, URM students were thrown into uncharted territory. We reached out to a group of Black and Latino students who were already engaged in STEM. We began surveys and interviews by asking participants how they were and how their family and communities were doing. Next, participants answered questions about academic progress, challenges, and what support would be helpful. Our framework was based on a mixed-methods approach that draws on the work of Michael Patton (Qualitative Research & Evaluation Methods: Integrating Theory and Practice, 2014) and Veronica Thomas (American Journal of Evaluation, 2016, 38 (1), 7–28). Qualitative data from interviews were collected to capture perceptions, experiences, and recommendations of the study participants. Survey data were collected to reach as many students as possible and to provide numerical self-assessments of student experience, progression, and obstacles. All qualitative data were coded thematically using Atlas. ti, with the goal of illuminating emerging themes, and quantitative data were reviewed using descriptive statistics. Themes emerging from both data sets were compared, contrasted, and integrated in order to develop consistent findings that would enhance URM student perseverance and persistence in the face of confounding adversities. This study shows that ILSAMP COVID-19 Study participants maintained a commitment to pursuing a career in STEM. The findings of this study also indicate that the participants are stressed by their immediate circumstances and by the ongoing racism of U.S. society. These students ask for additional financial, academic, and networking support during the disruptions caused by the pandemic. More specifically, students request continued advising and connection with STEM professionals who can help them envision and enact a pathway to their own careers in STEM during this tumultuous period. The study validates the importance of key elements of the national LSAMP model as reported by Clewell et al. (Revitalizing the Nation’s Talent Pool in STEM, 2006). These are: academic integration, social integration, and professional integration. In addition, it identifies several other factors that are key to student success, including interventions that directly address racial trauma and economic hardship.

A Global Silence: A Critical Interpretive Synthesis of Aboriginal Mothering Through Domestic and Family Violence

Affilia ◽  
2021 ◽  
pp. 088610992110555
Author(s):  
Shawana Andrews ◽  
Bridget Hamilton ◽  
Cathy Humphreys
Keyword(s):  
Domestic Violence ◽  
Social Justice ◽  
Family Violence ◽  
Search Results ◽  
Aboriginal Women ◽  
Women's Voice ◽  
Critical Interpretive Synthesis ◽  
Extreme Risk ◽  
Women's Experience ◽  
The Impact

Aboriginal women globally face extreme risk of violence and their exposure to domestic and family violence (DFV) and state sanctioned violence is increasing. Attention to the impact on Aboriginal mothering is lacking and is underpinned by issues of social justice. This study employs Critical Interpretive Synthesis to examine the evidence on Aboriginal mothering through DFV. Serrant-Green’s Silences Framework was used to structure the critique, understand its problematics and generate an argument to counter the evidential silence. From 6,117 search results, ten publications were reviewed, only four of which substantially addressed Aboriginal mothering in the context of family and domestic violence; a conspicuous absence from the literature about Aboriginal women, children, and mothering. Studies addressing Aboriginal women’s experience of DFV did not credit the issue of mothering. Equally, studies that did address mothering through violence were generally not inclusive of Aboriginal women. Silence, therefore, sits at the nexus of DFV, Aboriginal women, and mothering. While violence against Aboriginal women is acknowledged as a social ill, inattention to mothering in research represents a disregard for Aboriginal women’s mothering identities and roles. Aboriginal women’s voice and citizenship are critical to addressing this issue.

Other People's Problems: Missing Women, Murderers, and the Media

2018 ◽  
Author(s):  
Anna Cameron
Keyword(s):  
Violent Crimes ◽  
Systemic Racism ◽  
Aboriginal Women ◽  
History Of ◽  
The Media ◽  
Missing Women ◽  
Robert Pickton

There are over 600 missing and murdered aboriginal women across Canada. A long history of systemic racism has made these women extremely vulnerable to violent crimes. Most of their fates remain a mystery, but some murderers have been caught who are responsible for their deaths. I examined the news articles that cover the crimes of convicted murderers Robert Pickton and John Martin Crawford. Of the two, only Pickton is very well known. However, while the media covered his crimes extensively, much of the coverage is misleading. The aboriginality of the victims is downplayed, and other tactics are used to blame the victims and focus on the killer. The coverage surrounding John Martin Crawford uses similar misleading strategies, although there is significantly less of it. I argue that because the aboriginality of the victims was emphasized instead of downplayed in the coverage of Crawford’s murders, there was less interest in the cases. Most people will read about crimes when they can identify with the victims. While most of Pickton’s victims were aboriginal, the number of victims was so enormous and the details of the case were so grisly, that the aboriginality was downplayed to attract the attention that these other aspects gave the case. Crawford’s victims were all aboriginal women, but he killed fewer and was not seen as a threat. The media influences how people think about society. If the media continues to treat these types of crimes in this way, the ideas that fuel these crimes will also continue.

scholarly journals Phatic Rituals of the Liberal Democratic Polity: Hearing Voices in the Hearings of the Royal Commission on Aboriginal Peoples

2015 ◽  
Vol 57 (1) ◽  
pp. 130-160 ◽  
Author(s):  
James Slotta
Keyword(s):  
First Nations ◽  
Transitional Justice ◽  
The United States ◽  
Theory And Practice ◽  
Truth Commissions ◽  
Aboriginal Peoples ◽  
Royal Commission ◽  
Hearing Voices ◽  
Liberal Democratic ◽  
Historical Controversy

AbstractThe truth and reconciliation commissions of Latin America and Africa are paradigms of transitional justice, often regarded as part of the process of transitioning from authoritarian to democratic rule. But truth commissions are also common in first-world settler states, which raises the question of what “transition” such commissions effectuate in Canada, Australia, and the United States. This paper examines the efforts of Canada's Royal Commission on Aboriginal Peoples to resolve a controversy over a government relocation of Inuit families in the 1950s for which the relocatees were demanding compensation. Concurrent with historical controversies in the Canadian courts concerning Aboriginal rights and title, the historical controversy over the relocation raised questions about the Canadian state's ability to “hear the voices” of First Nations people, who objected that their accounts of the past had been disregarded by government-contracted historians and courts alike. I argue that the Royal Commission's efforts to hear the voices of Inuit relocatees, showcased in nationally televised hearings, was a phatic ritual in which communicative contact between marginalized citizens and the state was ritually established. The ritual was presented as a remedy for failures to achieve phatic communion among citizens and state—a condition of communicative contact held up as essential to the realization of liberal democratic ideals. The work of the Royal Commission and other truth commissions highlights the growing prominence of communication, particularly liberal communicative events construed as “open,” “equal,” and “free,” as a concern of both theory and practice in liberal democratic polities.

scholarly journals The Constitution’s Peoples: Approaching Community in the Context of Section 35 of the Constitution Act, 1982

2009 ◽  
Vol 54 (1) ◽  
pp. 1-43 ◽  
Author(s):  
Brent Olthuis
Keyword(s):  
Aboriginal Peoples ◽  
Individual Member ◽  
Canadian Society ◽  
Treaty Rights ◽  
Aboriginal Rights ◽  
Aboriginal Community ◽  
Legal Principles ◽  
Unilateral Declaration ◽  
Aboriginal Law ◽  
Interpretive Process

Abstract Modern negotiations between the Crown (or private parties) and Canada’s Aboriginal peoples are largely based on the legal principles articulated in major court decisions. Yet those decisions have not yet confronted a fundamental question: how, in the first instance, do we determine which groups can lay claim to the Aboriginal and treaty rights “recognized and affirmed” by section 35 of the Constitution Act, 1982? The author argues that this question ought to form the theoretical cornerstone of the doctrine of Aboriginal and treaty rights. It is also of critical significance to the continuing process of reconciliation between the Aboriginal and non-Aboriginal elements of Canadian society. The interlocutors in this process must be identifiable. The community recognition needed to give effect to section 35’s inherently group-centred approach cannot be purely subjective or purely objective in nature. Neither a process of unilateral declaration nor one of pure observation can accurately identify the communities at issue under section 35. Rather, the inquiry requires an exercise of interpretation. To this end, the author proposes guidelines to focus and assist the interpretive process. This analysis ultimately entails a reconsideration of some of the prevailing orthodoxies in Aboriginal law jurisprudence, including the “test” for determining the existence of Aboriginal rights (from R. v. Van der Peet) and the notion that an individual member of a modern, rights-holding, Aboriginal community must prove an ancestral or genealogical link to a member of the group at some earlier time (from R. v. Powley).

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