Degeling and Barker, ‘Private Law and Grave Historical Injustice: The Role of the Common Law’

Abstract:
This paper reintroduces the role of the common law in cases of grave historical injustice. As we conceive it, ‘grave historical injustice’ consists in serious, widespread instances of wrongdoing which, for institutional, social, political or other reasons, has remained unaddressed and un-redressed for long periods of time. Contemporary examples in Australia include the abuse of vulnerable individuals within the Catholic Church and Australian Defence Force and the historic theft of wages from Aboriginal peoples. There are many other examples across societies and nations.

Simone Degeling and Kit Barker, ‘Private Law and Grave Historical Injustice: The Role of the Common Law’ University of New South Wales Faculty of Law Research Series [2014] UNSWLRS 36.

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