Udayana Journal of Law and Culture
Vol 3 No 1 (2019): Contemporizing Cultural Elements

Chthonic Legal Traditions: A Standpoint Legal Research Paradigm for Comparative Analysis on Australian Indigenous Legal Orders

Maria Salvatrice Randazzo (Charles Darwin University School of Law, Australia)



Article Info

Publish Date
31 Jan 2019

Abstract

In contemporary comparative legal scholarship, it is no longer controversial to assert the relevance of investigations into chthonic legal orders; however, there is a significant divergence on how they should be undertaken. The paper takes in consideration the Australian chthonic legal orders and argues that their investigations by non-Indigenous researchers need to be undertaken acknowledging an Indigenous epistemological approach to research, with methodological frameworks that, consistent with the principles of an Indigenous standpoint theory, aim to develop a legal standpoint research paradigm informed by Indigenous legal ontologies, epistemic theories and research practices. The research paradigm so elaborated is justified by the necessity of devising new epistemological models to guide understandings—and theoretical elaboration—of Australian Indigenous orders which are consistent and coherent with their ontological, epistemological and axiological universe.

Copyrights © 2019






Journal Info

Abbrev

UJLC

Publisher

Subject

Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Udayana Journal of Law and Culture (UJLC) is hence created by reflecting the aforementioned phenomenon. This journal offers a recovery of the landscape of the science of law by means of recovering the position of ideology as an aspect of science of law analysis, with particular in analyzing the ...