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Author: Kingsley Palmer
Publisher: ANU Press
ISBN: 1760461881
Category : Social Science
Languages : en
Pages : 297
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Book Description
The Australian Federal Native Title Act 1993 marked a revolution in the recognition of the rights of Australia’s Indigenous peoples. The legislation established a means whereby Indigenous Australians could make application to the Federal Court for the recognition of their rights to traditional country. The fiction that Australia was terra nullius (or ‘void country’), which had prevailed since European settlement, was overturned. The ensuing legal cases, mediated resolutions and agreements made within the terms of the Native Title Act quickly proved the importance of having sound, scholarly and well-researched anthropology conducted with claimants so that the fundamentals of the claims made could be properly established. In turn, this meant that those opposing the claims would also benefit from anthropological expertise. This is a book about the practical aspects of anthropology that are relevant to the exercise of the discipline within the native title context. The engagement of anthropology with legal process, determined by federal legislation, raises significant practical as well as ethical issues that are explored in this book. It will be of interest to all involved in the native title process, including anthropologists and other researchers, lawyers and judges, as well as those who manage the claim process. It will also be relevant to all who seek to explore the role of anthropology in relation to Indigenous rights, legislation and the state.
Author: Kingsley Palmer
Publisher: ANU Press
ISBN: 1760461881
Category : Social Science
Languages : en
Pages : 297
Get Book Here
Book Description
The Australian Federal Native Title Act 1993 marked a revolution in the recognition of the rights of Australia’s Indigenous peoples. The legislation established a means whereby Indigenous Australians could make application to the Federal Court for the recognition of their rights to traditional country. The fiction that Australia was terra nullius (or ‘void country’), which had prevailed since European settlement, was overturned. The ensuing legal cases, mediated resolutions and agreements made within the terms of the Native Title Act quickly proved the importance of having sound, scholarly and well-researched anthropology conducted with claimants so that the fundamentals of the claims made could be properly established. In turn, this meant that those opposing the claims would also benefit from anthropological expertise. This is a book about the practical aspects of anthropology that are relevant to the exercise of the discipline within the native title context. The engagement of anthropology with legal process, determined by federal legislation, raises significant practical as well as ethical issues that are explored in this book. It will be of interest to all involved in the native title process, including anthropologists and other researchers, lawyers and judges, as well as those who manage the claim process. It will also be relevant to all who seek to explore the role of anthropology in relation to Indigenous rights, legislation and the state.
Author: Paul Burke
Publisher: ANU E Press
ISBN: 1921862432
Category : Social Science
Languages : en
Pages : 336
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Book Description
Anthropologists have been appearing as key expert witnesses in native title claims for over 20 years. Until now, however, there has been no theoretically-informed, detailed investigation of how the expert testimony of anthropologists is formed and how it is received by judges. This book examines the structure and habitus of both the field of anthropology and the juridical field and how they have interacted in four cases, including the original hearing in the Mabo case. The analysis of background material has been supplemented by interviews with the key protagonists in each case. This allows the reader a unique, insider's perspective of the courtroom drama that unfolds in each case. The book asks, given the available ethnographic research, how will the anthropologist reconstruct it in a way that is relevant to the legal doctrine of native title when that doctrine gives a wide leeway for interpretation on the critical questions.
Author: Nicolas Peterson
Publisher: ANU Press
ISBN: 1760461326
Category : Social Science
Languages : en
Pages : 523
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Book Description
The contribution of German ethnography to Australian anthropological scholarship on Aboriginal societies and cultures has been limited, primarily because few people working in the field read German. But it has also been neglected because its humanistic concerns with language, religion and mythology contrasted with the mainstream British social anthropological tradition that prevailed in Australia until the late 1960s. The advent of native title claims, which require drawing on the earliest ethnography for any area, together with an increase in research on rock art of the Kimberley region, has stimulated interest in this German ethnography, as have some recent book translations. Even so, several major bodies of ethnography, such as the 13 volumes on the cultures of northeastern South Australia and the seven volumes on the Aranda of the Alice Springs region, remain inaccessible, along with many ethnographically rich articles and reports in mission archives. In 18 chapters, this book introduces and reviews the significance of this neglected work, much of it by missionaries who first wrote on Australian Aboriginal cultures in the 1840s. Almost all of these German speakers, in particular the missionaries, learnt an Aboriginal language in order to be able to document religious beliefs, mythology and songs as a first step to conversion. As a result, they produced an enormously valuable body of work that will greatly enrich regional ethnographies.
Author: Geoffrey G. Gray
Publisher: Aboriginal Studies Press
ISBN: 0855755512
Category : History
Languages : en
Pages : 305
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Book Description
This is the first exploration of modern Australian social anthropology which examines the forces that helped shaped its formation. In his new work, Geoffrey Gray reveals the struggle to establish and consolidate anthropology in Australia as an academic discipline. He argues that to do so, anthropologists had to demonstrate that their discipline was the predominant interpreter of Indigenous life. Thus they were able, and called on, to assist government in the control, development and advancement of Indigenous peoples. Gray aims to help us understand the present organisational structures, and assist in the formulation of anthropology's future role in Australia; to provide a wider political and social context for Australian social anthropology, and to consider the importance of anthropology as a past definer of Indigenous people. Gray's work complements and adds to earlier publications: Wolfe's Settler Colonialism and the Transformation of Anthropology, McGregor's Imagined Destinies and Anderson's Cultivating Whiteness.
Author: Paul Burke
Publisher: Berghahn Books
ISBN: 1785333895
Category : Social Science
Languages : en
Pages : 248
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Book Description
Some indigenous people, while remaining attached to their traditional homelands, leave them to make a new life for themselves in white towns and cities, thus constituting an “indigenous diaspora”. This innovative book is the first ethnographic account of one such indigenous diaspora, the Warlpiri, whose traditional hunter-gatherer life has been transformed through their dispossession and involvement with ranchers, missionaries, and successive government projects of recognition. By following several Warlpiri matriarchs into their new locations, far from their home settlements, this book explores how they sustained their independent lives, and examines their changing relationship with the traditional culture they represent.
Author: Katie Glaskin
Publisher: Apollo Books
ISBN: 9781742589442
Category : History
Languages : en
Pages : 308
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Book Description
Law's metaphysics -- When whiteman came in -- Mission days -- A land and sea claim -- The ethnographic archive -- In the court -- Legal submissions and crosscurrents -- How judgments are made -- Society and sea on appeal -- Recognitions's paradox
Author: Eve Vincent
Publisher:
ISBN: 9781925302080
Category : Aboriginal Australians
Languages : en
Pages : 243
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Book Description
Based on author's thesis (doctoral - University of Sydney, Department of Anthropology, 2013) issued under title: Forces of destruction, acts of creation: aboriginality, identity and native title, on the far west coast of South Australia.
Author: Peter Sutton
Publisher: Cambridge University Press
ISBN: 1139449494
Category : Social Science
Languages : en
Pages : 307
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Book Description
Native title has often been one of the most controversial political, legal and indeed moral issues in Australia. Ever since the High Court's Mabo decision of 1992, the attempt to understand and adapt native title to different contexts and claims has been an ongoing concern for that broad range of people involved with claims. In this book, originally published in 2003, Peter Sutton sets out fundamental anthropological issues to do with customary rights, kinship, identity, spirituality and so on that are relevant for lawyers and others working on title claims. Sutton offers a critical discussion of anthropological findings in the field of Aboriginal traditional interests in land and waters, focusing on the kinds of customary rights that are 'held' in Aboriginal 'countries', the types of groups whose members have been found to enjoy those rights, and how such groups have fared over the last 200 years of Australian history.
Author: Jon Altman
Publisher: UNSW Press
ISBN: 1742240097
Category : History
Languages : en
Pages : 306
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Book Description
In 2007 th eAustralian government declared that remote Aboriginal communities were in crisis and launched the Northern Territory Intervention. This dramatic move occurred against a backdrip of vigorous debate among policy makers, academics, commentators and Aboriginal people about the apparent failure of self-determination. -- back cover.
Author: Sandy Toussaint
Publisher: Melbourne Univ. Publishing
ISBN: 9780522850741
Category : History
Languages : en
Pages : 254
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Book Description
Ever since the 1992 Mabo decision put an end to the legal fiction that Australia was without owners before the arrival of the British colonisers, the work associated with resolving native title claims has developed as a significant but often difficult arena of professional practice. Increasingly, anthropologists, linguists, historians and lawyers have been encouraged to work collaboratively, often in the context of highly charged public controversy about who owns the land. In Crossing Boundaries, editor Sandy Toussaint and her contributors have created a cross-disciplinary exploration of native title work. In all, twenty professionals share their experience and expertise. As Toussaint concludes, 'Chapters in this volume reveal the extent to which native title workers need to communicate more cogently and, in some cases, to redefine their practice.'
