Australian Sovereignty, Indigenous Standpoint Theory and Feminist Standpoint Theory: First Peoples' sovereignties matter

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Ardill, A
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2013
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Much has been written by non-Indigenous Australians in the wake of the 1992 Mabo case following its rejection of terra nullius in Australia. What is surprising about this literature is the lack of discussion about sovereignty, which is a logical consequence of the Mabo decision's conclusion that the basis for Crown sovereignty was incorrect. What little has been said about sovereignty since Mabo can be placed into two broad groups. The first calls for various forms of First Peoples' sovereignties, and is made up almost exclusively of First Peoples scholars. The other group is dominated by non- Indigenous people who speak instead of citizenship, shared responsibility, native title, reconciliation, rights, selfmanagement, multiculturalism, colonisation and postcolonial theory. This article is directed to non-Indigenous scholars who write on these topics. It is a critique of their scholarship, notwithstanding its merit to the extent that literature questions injustice, dispossession, genocide, discrimination and colonial policy. The basis for this critique is that this scholarship fails to bring First Peoples' sovereignties to the fore, and for this reason persists as colonial knowledge. To make this argument, the article identifies with feminist standpoint theory and Indigenous standpoint theory to contend that First Peoples' sovereignties must be embraced by non-Indigenous scholars.

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Griffith Law Review

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22

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2

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© 2013 Griffith Law School. The attached file is reproduced here in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version.

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Law and society and socio-legal research

Law, gender and sexuality (incl. feminist legal scholarship)

Race, ethnicity and law

Law and humanities

Legal theory, jurisprudence and legal interpretation

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