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Book
Australian native title anthropology : strategic practice, the law and the state
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ISBN: 1760461881 1760461873 Year: 2018 Publisher: ANU Press

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Abstract

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.


Book
The social effects of native title : recognition, translation, coexistence
Authors: ---
ISBN: 1921313528 192131351X 9781921313523 Year: 2007 Publisher: Canberra, Australian Capital Territory : Australian National University E Press,

Native title in Australia : an ethnographic perspective
Author:
ISBN: 1107144418 1280437618 0511184360 0511166192 0511164262 0511312962 0511481632 0511165064 9780511184369 9780511166198 9780511165061 0511162669 9780511162664 9780511481635 9780521812580 0521812585 9786610437610 6610437610 0521812585 9781280437618 9780521011907 0521011906 Year: 2004 Publisher: New York : Cambridge University Press,

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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.


Book
Aboriginal title and Indigenous peoples
Authors: ---
ISBN: 077482073X 1280777850 9786613688248 0774815620 0774815604 0774815612 9780774815628 9780774815604 9780774815611 Year: 2010 Publisher: Vancouver

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"Delgamuukw. Mabo. Ngati Apa. These cases and others have in recent years created a framework for litigating Aboriginal title in countries such as Canada, Australia, and New Zealand. The contributors to this path-breaking book argue 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 settler colonies in a comparative and multidisciplinary framework. Aboriginal Title and Indigenous Peoples brings together a distinguished group of scholars who trace how the doctrine of Aboriginal title evolved as indigenous peoples and their laws interacted with settlers and the legal systems that developed in these three common law countries. Part 1 reveals the historical role that legislatures and courts played in the extinguishment and acquisition of Aboriginal title and land. Part 2 shows that although each country's development was distinctive, common issues and legal developments shaped -- and continue to inform -- indigenous peoples' struggle for recognition of their rights."--pub. desc.


Book
Law's anthropology : from ethnography to expert testimony in native title
Author:
ISBN: 1921862432 1921862424 9781921862434 9781921862427 Year: 2011 Publisher: Acton, A.C.T. : ANU E Press,

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Abstract

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.


Book
Aboriginal rights claims and the making and remaking of history
Author:
ISBN: 9780773599109 077359910X 9780773599116 0773599118 9780773547421 0773547428 9780773547438 0773547436 Year: 2016 Publisher: Montreal Kingston London Chicago

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"The forums that were established during the second half of the twentieth century to address Aboriginal land claims have led to a particular way of engaging with and presenting Aboriginal, colonial, and national histories. The history that comes out of these land claim forums is often attacked for being "presentist": interpreting historical actions and actors through the lens of present day values, practices, and concerns. In Aboriginal Rights Claims and the Making and Remaking of History, a comparative study encompassing five former British colonies (Australia, Canada, New Zealand, South Africa, and the United States), Arthur Ray examines how claims-oriented research is framed by existing Indigenous rights law and claims legislation and how, in turn, it has influenced the development of laws and legislation. Ray also explores the ways in which the procedures and settings for claims adjudication--the courtroom, claims commissions, and the Waitangi Tribunal--have influenced the use of historical evidence, stimulated scholarly debates about the cultural/historical experiences of Indigenous people at the time of European contact and afterward, and have provoked reactions from politicians and scholars. While giving serious consideration to the arguments of presentism and the problems that overly presentist histories can create, Aboriginal Rights Claims and the Making and Remaking of History provides Aboriginal, academic, and legal communities with an essential perspective on how history is used in the Aboriginal claims process."--


Book
Linguistic organisation and native title : the Wik Case, Australia
Authors: ---
ISBN: 1760464473 9781760464479 1760464465 Year: 2021 Publisher: Canberra ANU Press

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Abstract

Classical Aboriginal societies in Australia have commonly been described in terms of social organisation and local organisation. This book presents rich detail on a third and related domain that has not been given the same kind of attention: linguistic organisation.


Book
Engaging Indigenous economy : debating diverse approaches
Authors: ---
ISBN: 1760460036 1760460044 9781760460044 9781760460037 Year: 2016 Publisher: ANU Press

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Abstract

The engagement of Indigenous Australians in economic activity is a matter of long-standing public concern and debate. Jon Altman has been intellectually engaged with Indigenous economic activity for almost 40 years, most prominently through his elaboration of the concept of the hybrid economy, and most recently through his sustained and trenchant critique of policy. He has inspired others also to engage with these important issues, both through his writing and through his position as the foundation Director of The Australian National University’s Centre for Aboriginal Economic Policy research from 1990 to 2010. The year 2014 saw both Jon’s 60th birthday and his retirement from CAEPR. This collection of essays marks those events. Contributors include long‑standing colleagues from the disciplines of economics, anthropology and political science, and younger scholars who have been inspired by Jon’s approach in developing their own research projects. All point to the complexity as well as the importance of engaging with Indigenous economic activity — conceptually, empirically and as a strategic concern for public policy.

Keywords

Aboriginal Australians --- Business enterprises, Aboriginal Australian. --- Economic conditions. --- Land tenure. --- Aboriginal Australian business enterprises --- Business enterprises, Australian aboriginal --- Australia --- Ethnic relations --- Economic aspects. --- Business enterprises --- New Holland --- Osṭralyah --- Usṭralyah --- Australie --- Avstralii︠a︡ --- Nova Hollandia --- Commonwealth of Australia --- Australiese Gemenebes --- أستراليا --- Usturāliyā --- كومنولث الأسترالي --- Kūmunwālth al-Usturālī --- Аўстралія --- Aŭstralii︠a︡ --- Australija --- Австралийски съюз --- Avstraliĭski sŭi︠u︡z --- Австралийският съюз --- Avstraliĭskii︠a︡t sŭi︠u︡z --- Mancomunitat d'Austràlia --- Awstralya --- Komonwelt sa Awstralya --- Australské společenství --- Australien --- Aŭstralio --- Komunejo de Aŭstralio --- Komunaĵo de Aŭstralio --- Austraalia --- Austraalia Ühendus --- Αυστραλία --- Aystralia --- Κοινοπολιτεία της Αυστραλίας --- Koinopoliteia tēs Aystralias --- אוסטרליה --- קהיליית אוסטרליה --- Ḳehiliyat Osṭralyah --- ʻAukekulelia --- Ausztrália --- Ausztrál Államszövetség --- Ástralía --- Samveldið Ástralía --- Negara Persemakmuran Australia --- Persemakmuran Australia --- Austrālijas Savienība --- Australijos Sandrauga --- Австралија --- Avstralija --- Комонвелтот на Австралија --- Komonveltot na Avstralija --- Државна заедница Австралија --- Državna zaednica Avstralija --- Aostralia --- Komanwel Australia --- Awstralja --- Ahitereiria --- Whakaminenga o Ahitereiria --- Австралия --- Австралийский Союз --- Avstraliĭskiĭ Soi︠u︡z --- Mancomunidad de Australia --- Awstralia --- Cymanwlad Awstralia --- Australian Government --- Government of Australia --- オーストラリア --- Ōsutoraria --- australia --- economic activity --- public policy --- indigenous people --- Aboriginal title --- Neoliberalism --- Economics - Systems and theories. --- Socioeconomic conditions. --- Subsistence and economy.

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