Current Views, or the Need for Reimagination
摘要
This chapter explores the trends in the body of scholarly work addressing the over-incarceration of First Nations people and, more specifically, First Nations women, in order to identify the opportunity, and indeed the need, for reimagination of this crisis of overincarceration. This chapter then establishes the extent to which the over-incarceration of First Nations women has been considered theoretically, and which specific theoretical positions have been taken within the existing body of literature; this serves to identify a gap which allows for, or facilitates, the reimagined intersectional lens constructed throughout the rest of this book. The chapter identifies a status quo, which appears to account discretely for race, for gender, and for colonialism in exploring the drivers behind the over-incarceration of First Nations women in colonised jurisdictions but lacks consideration of the interaction of these three discrete factors—race, gender, and colonialism—as points of intersectional convergence, which themselves reflect a unique intersectional experience. The chapter considers the literature that addresses the criminalisation and incarceration of First Nations women, as well as the distinct body of literature applying theoretical lenses to the crisis, with specific focus on Critical Race Theory, Feminist Legal Theory, and Post-Colonial approaches.