The Impact of Colonial Legal Systems on Indigenous Rights and Modern Legal Redress Mechanisms

Due to incomplete records from the colonial period, particularly regarding cases of infringement on indigenous rights that often went undocumented, research struggles to fully reflect the legal impacts of that era. Therefore, this study explores the profound influence of colonial legal systems on indigenous rights and analyzes how modern legal redress mechanisms address and compensate for these historical injustices. The article first outlines how colonial legal systems deprived indigenous rights in areas such as land ownership, judicial fairness, and identity recognition, drawing on relevant legal documents and historical literature. Subsequently, through case analysis, the study examines the specific impacts of colonial legal systems on indigenous rights across different periods, employing qualitative and quantitative analysis to assess the effectiveness of modern legal redress mechanisms in restoring indigenous rights, safeguarding cultural heritage, and promoting social justice. The findings reveal the depth and breadth of these historical impacts. Data indicate that indigenous land ownership during the colonial period rated only 2 out of 10. Additionally, economic restrictions imposed on indigenous populations disadvantaged them in competition with Portuguese merchants. The study shows that, through a comparative analysis of legal influences over different periods, the rating of indigenous land rights improved to 4 in the pre-reversion period but continued to face challenges in cultural protection, scoring only 3.

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Publication Details

Journal
Advances in Social Behavior Research
Published
2024-11-19
DOI
https://doi.org/10.54254/2753-7102/13/2024129
Primary Topic
Indigenous Peoples' Rights and Law
Type
article
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article

The Impact of Colonial Legal Systems on Indigenous Rights and Modern Legal Redress Mechanisms

Hong Huang, Yongrui Jin
Advances in Social Behavior Research
Indigenous Peoples' Rights and Law
article

The Impact of Colonial Legal Systems on Indigenous Rights and Modern Legal Redress Mechanisms

Hong Huang, Yongrui Jin
article en

Abstract

Due to incomplete records from the colonial period, particularly regarding cases of infringement on indigenous rights that often went undocumented, research struggles to fully reflect the legal impacts of that era. Therefore, this study explores the profound influence of colonial legal systems on indigenous rights and analyzes how modern legal redress mechanisms address and compensate for these historical injustices. The article first outlines how colonial legal systems deprived indigenous rights in areas such as land ownership, judicial fairness, and identity recognition, drawing on relevant legal documents and historical literature. Subsequently, through case analysis, the study examines the specific impacts of colonial legal systems on indigenous rights across different periods, employing qualitative and quantitative analysis to assess the effectiveness of modern legal redress mechanisms in restoring indigenous rights, safeguarding cultural heritage, and promoting social justice. The findings reveal the depth and breadth of these historical impacts. Data indicate that indigenous land ownership during the colonial period rated only 2 out of 10. Additionally, economic restrictions imposed on indigenous populations disadvantaged them in competition with Portuguese merchants. The study shows that, through a comparative analysis of legal influences over different periods, the rating of indigenous land rights improved to 4 in the pre-reversion period but continued to face challenges in cultural protection, scoring only 3.

Advances in Social Behavior ResearchVol. 13(1)
City University of Macau (MO)
Openalex Percentile: Top 55%
Indigenous Peoples' Rights and Law
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The Impact of Colonial Legal Systems on Indigenous Rights and Modern Legal Redress Mechanisms — Hong Huang, Yongrui Jin · Advances in Social Behavior Research (2024) | TGRS Research Map | TGRS