Indigenous law, philosophy and knowledges are core to our Indigenous past and they still hold our present worlds together, promising a future for First Nations peoples even in the face of colonialism which has done much to marginalise First Nations. This paper discusses the marginal position held by Indigenous peoples, one which is reflected in international law and which deems us as objects of colonial states. This is our political position even while First Nations continue to hold and centre our lawful obligations to care for country. I also critically review the impact of colonisation on the First Nations of Australia and consider the need to transform that colonial history to enable a less peripheral and more centred place for First Nations peoples’ laws, philosophy and knowledges to re-emerge. For the Australian colonial project the mechanism of terra nullius provided the legitimacy which imperial Britain needed to “lawfully settle” our lands and dispossess First Nations from our way of being in relation to the earth in the place now called Australia. Here I consider both the impact of colonisation on—and the challenge we face in re-centring—Aboriginal law, philosophy and knowledges.
HarawayD. (2004). The Haraway reader.New York, NY: Routledge.
11.
HardingS. (2004). A socially relevant philosophy of science? Resources from standpoint theory's controversiality.Hypatia, 19(1), 25–47.
12.
hooksb. (1992). Black looks: Race and representation.Boston: South End Press.
13.
HountondjiP. (1996). African philosophy: Myth and reality.Bloomington, IN: Indiana University Press.
14.
MartinK. L. (2008). Please knock before you enter: Aboriginal regulation of Outsiders and the implications for research.Teneriffe, Spain: Post Pressed.
15.
Martínez CoboJ. (1986, March 11). United Nations Commission on Human Rights: Study of the problem of discrimination against Indigenous populations, E/CN.4/RES/1986/35. (Martínez Cobo Report).
16.
MeansR. (2011). Patriarchy: The ultimate conspiracy; Matriarchy: The ultimate solution.Griffith Law Review, 20(3), 515–525.
17.
MeansR., & BayardJ. (2012). If you've forgotten the names of the clouds you've lost your way: An introduction to American Indian thought and philosophy.Porcupine, SD: Treaty Publications.
18.
Moreton-RobinsonA. (2011). The white man's burden: Patriarchal white epistemic violence and Aboriginal women's knowledges within the academy.Australian Feminist Studies, 26(70), 413–431.
19.
MosesD. K. (2010). Time, indigeneity, and people-hood: The postcolony in Australia.Postcolonial Studies, 13(1), 9–32.
O'BrienL. (2014). In conversation with Uncle Lewis: Bushfires, weather-makers, collective management.AlterNative, 10(5), 450–461.
23.
SardarZ. (1998). Postmodernism and the other: The new imperialism of western culture.London, UK: Pluto Press.
24.
SiouiG. (1992). For an Amerindian autohistory.Montreal, QC: McGill-Queens University Press.
25.
SmithB. (1988). The truth that never hurts: Writings on race, gender and freedom.New Brunswick, NJ: Rutgers University Press.
26.
SpivakG. (1988). Can the subaltern speak? In NelsonC., & GrossbergL. (Eds.), Marxism and the interpretation of culture (pp. 271–313). London, UK: Macmillan.
27.
Stewart-HarawiraM. (2005). The new imperial order: Indigenous responses to globalization.London: Zed Books.
28.
TaplinG. (1859-1879). Journal: Five volumes, as typed from the original by Mrs Beaumont. Mortlock Library, Adelaide, SA.
29.
VenneS. (1998). Our elders understand our rights: Evolving international law regarding Indigenous peoples.Penticton, BC: Theytus Books.
30.
WatsonI. (2009). Assimilation agendas of the state: What space remains for Aboriginal law and culture? In SinghP. (Ed.), Indigenous identity and activism (pp. 124–137). New Delhi: Shipra.
31.
WatsonI. (in press). Aboriginal Peoples, colonialism and international law: Raw law.Abingdon, UK: Routledge.
32.
WatsonI., & VenneS. (2012). Talking up Indigenous peoples’ original intent in a space dominated by state interventions. In PulitanoE. (Ed.), Indigenous rights in the age of the UN declaration (pp. 87–109). Cambridge, UK: Cambridge University Press.
33.
White FaceC. (2013). Indigenous Nations’ rights in the balance: An analysis of the Declaration on the Rights of Indigenous Peoples.St. Paul, MN: Living Justice Press.
34.
WilliamsR.Jr. (2012). Savage anxieties.New York, NY: Palgrave Macmillan.
