(Post)Colonial [1] Encounters: gendered racialisations in Australian courtrooms [2]

This article identifies how the Australian legal system has generated knowledge about ‘traditional’ gender relations in Aboriginal Australia. Using a sample of artefact cases from the Australian judicial system, constructions of Aboriginal gender relations are mapped. By tracing knowledge production in these cases, it demonstrates how the non-Aboriginal Australian legal system has fabricated its own versions of ‘Aboriginal Customary Laws’, or Aboriginal ‘traditions’ about violence committed by Aboriginal men, against Aboriginal women. (Post)colonial understandings about the Aboriginal ‘other’ have occupied spaces in legal understandings and then been enforced in law. The Australian judicial system itself is therefore guilty of perpetuating and privileging the ‘colonial’ in these encounters.