The crisis of over-incarceration of First Nations women in Australia cannot properly be understood without consideration of colonialism as a distinct point of disadvantage. To that end, this chapter adds the third and final point of intersection to the three-point intersectional lens proposed here: colonialism. Before undertaking a detailed examination and analysis of Post-Colonial Theory and its application to the incarceration of First Nations women, this chapter considers how colonialism can be defined, including consideration of the primary works of post-colonial theorists Edward Said and Frantz Fanon, This includes a return to the theoretical frameworks of biopolitics/biopower and necropolitics/necropower. The second section of this chapter examines the relationship between colonialism, language, and the law, and demonstrates the ways in which Post-Colonial Theory is relevant to understanding the operation of law and justice in colonised jurisdictions. The chapter then turns to the more specific considerations of the intersectionality of race, gender, and colonialism as they are understood through the lenses of Critical Race Theory, Feminist Legal Theory, and Post-Colonial Theory respectively.

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Post-Colonial Theory

  • Megan Beatrice

摘要

The crisis of over-incarceration of First Nations women in Australia cannot properly be understood without consideration of colonialism as a distinct point of disadvantage. To that end, this chapter adds the third and final point of intersection to the three-point intersectional lens proposed here: colonialism. Before undertaking a detailed examination and analysis of Post-Colonial Theory and its application to the incarceration of First Nations women, this chapter considers how colonialism can be defined, including consideration of the primary works of post-colonial theorists Edward Said and Frantz Fanon, This includes a return to the theoretical frameworks of biopolitics/biopower and necropolitics/necropower. The second section of this chapter examines the relationship between colonialism, language, and the law, and demonstrates the ways in which Post-Colonial Theory is relevant to understanding the operation of law and justice in colonised jurisdictions. The chapter then turns to the more specific considerations of the intersectionality of race, gender, and colonialism as they are understood through the lenses of Critical Race Theory, Feminist Legal Theory, and Post-Colonial Theory respectively.