ABSTRACT
This chapter examines representations of Aboriginal societies and law Before Cook. It focuses on the representations made by the Anglo-Australian legal system up to and including the Murray Islands decision. All Aboriginal languages were and are spoken languages, so Aboriginal histories are oral, pictorial and performative rather than written. Since the time of colonisation the indigenous people of Australia have been relentlessly observed and studied by Europeans. Indeed the study of indigenous peoples was a key aspect of colonialism. The discernible shift in the relationship between Australian law and history is one of the most significant features of the Murray Islands decision. Some Aboriginal groups have argued that an appropriate accommodation of white and black cultures in Australia would include the recognition of Aboriginal sovereignty. The chapter concludes by looking at the prospects for further accommodation between Aboriginal and non-Aboriginal legal systems.
