The paper presents a brief summary of the evolution of Indigenous cultural heritage legislation, ... more The paper presents a brief summary of the evolution of Indigenous cultural heritage legislation, with a particular focus on Victoria. Using a quantitative textual analytical model adapted from comparative law and elsewhere, the trajectory of these laws are mapped through time. The results demonstrate an increasing overall strength in Australian cultural heritage legislation and a relationship between events in broader Aboriginal affairs and improvements in cultural heritage law. More specifically, in some jurisdictions, such as Victoria, the results also demonstrate slowly increasing Aboriginal power to determine cultural heritage outcomes. It is postulated that this increasing power engenders a cultural ‘thirdspace’ within which new cultural heritage management objectives, methods and outcomes will continue to drive a ‘hybridisation’ of cultural heritage laws — Aboriginal approaches to cultural heritage management enshrined within the context of the Western legal system. This emergent hybridisation is interpreted as an indicator or symptom of the decolonisation or trans-colonisation of the mind within Western legal systems.
The paper presents a brief summary of the evolution of Indigenous cultural heritage legislation, ... more The paper presents a brief summary of the evolution of Indigenous cultural heritage legislation, with a particular focus on Victoria. Using a quantitative textual analytical model adapted from comparative law and elsewhere, the trajectory of these laws are mapped through time. The results demonstrate an increasing overall strength in Australian cultural heritage legislation and a relationship between events in broader Aboriginal affairs and improvements in cultural heritage law. More specifically, in some jurisdictions, such as Victoria, the results also demonstrate slowly increasing Aboriginal power to determine cultural heritage outcomes. It is postulated that this increasing power engenders a cultural ‘thirdspace’ within which new cultural heritage management objectives, methods and outcomes will continue to drive a ‘hybridisation’ of cultural heritage laws — Aboriginal approaches to cultural heritage management enshrined within the context of the Western legal system. This emergent hybridisation is interpreted as an indicator or symptom of the decolonisation or trans-colonisation of the mind within Western legal systems.
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Papers by Jamin Moon