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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
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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: Peter Sutton
Publisher:
ISBN:
Category : Aboriginal Australians
Languages : en
Pages : 156
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Book Description
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: Bertus de Villiers
Publisher: BRILL
ISBN: 9004461663
Category : Law
Languages : en
Pages : 295
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Book Description
This book focuses on trend-setting judgments in different parts of the world that impacted on the rights of persons belonging to minorities and Indigenous people. The cases illustrate how the judiciary has been called upon to fill out the detail of minority protection arrangements and how, in doing so, in many instances the judiciary has taken the respective countries on a course that parliament may not have been able to navigate. In this book authors from various backgrounds in the practical application of minority protection arrangements investigate the role of the judiciary in constitutional arrangements aimed at the protection of the rights of minorities and Indigenous peoples.
Author: Louis A. Knafla
Publisher: UBC Press
ISBN: 0774859296
Category : Law
Languages : en
Pages : 280
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Book Description
Delgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. The distinguished group of scholars whose work is showcased here, however, shows that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework. This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar developments in common law countries.
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: Lisa Strelein
Publisher: Aboriginal Studies Press
ISBN: 0855756632
Category : Law
Languages : en
Pages : 274
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Book Description
First edition published in 2006.
Author: Benjamin Richard Smith
Publisher: ANU E Press
ISBN: 1921313528
Category : History
Languages : en
Pages : 238
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Book Description
"The papers in this collection reflect on the various social effects of native title. In particular, the authors consider the ways in which the implementation of the Native Title Act 1993 (Cwlth), and the native title process for which this Act legislates, allow for the recognition and translation of Aboriginal law and custom, and facilitate particular kinds of coexistence between Aboriginal title holders and other Australians. In so doing, the authors seek to extend the debate on native title beyond questions of practice and towards an improved understanding of the effects of native title on the social lives of Indigenous Australians and on Australian society more generally"--Publisher's description.
Author: Robert Tonks
Publisher: Aboriginal Studies Press
ISBN: 0855755830
Category : Aboriginal Australians
Languages : en
Pages : 284
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Book Description
This volume summaries major developments in the social anthropology of Aboriginal studies in the 1960s-80s. It is valuable as an overview of five important and interrelated topics; economy, kinship, gender, religion and law. It also contains stimulating comment and criticism and raised important issues for future research as well as current debate in Aboriginal studies.
Author: Elizabeth A. Povinelli
Publisher: Duke University Press
ISBN: 0822383675
Category : Social Science
Languages : en
Pages : 353
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Book Description
The Cunning of Recognition is an exploration of liberal multiculturalism from the perspective of Australian indigenous social life. Elizabeth A. Povinelli argues that the multicultural legacy of colonialism perpetuates unequal systems of power, not by demanding that colonized subjects identify with their colonizers but by demanding that they identify with an impossible standard of authentic traditional culture. Povinelli draws on seventeen years of ethnographic research among northwest coast indigenous people and her own experience participating in land claims, as well as on public records, legal debates, and anthropological archives to examine how multicultural forms of recognition work to reinforce liberal regimes rather than to open them up to a true cultural democracy. The Cunning of Recognition argues that the inequity of liberal forms of multiculturalism arises not from its weak ethical commitment to difference but from its strongest vision of a new national cohesion. In the end, Australia is revealed as an exemplary site for studying the social effects of the liberal multicultural imaginary: much earlier than the United States and in response to very different geopolitical conditions, Australian nationalism renounced the ideal of a unitary European tradition and embraced cultural and social diversity. While addressing larger theoretical debates in critical anthropology, political theory, cultural studies, and liberal theory, The Cunning of Recognition demonstrates that the impact of the globalization of liberal forms of government can only be truly understood by examining its concrete—and not just philosophical—effects on the world.
