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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.
Native title (Australia) --- Law and legislation. --- Australia. --- Aboriginal title (Australia) --- Australian aboriginal title --- Aboriginal Australians --- Land titles --- Torres Strait Islanders --- Land tenure --- Anthropology. --- Human beings --- Aboriginals, Australian --- Aborigines, Australian --- Australian aboriginal people --- Australian aboriginals --- Australian aborigines --- Australians, Aboriginal --- Australians, Native (Aboriginal Australians) --- Native Australians (Aboriginal Australians) --- Ethnology --- Indigenous peoples --- australia --- indigenous people --- native title --- land rights --- anthropology --- Aboriginal title --- Ethnography --- Genealogy --- Norman Tindale --- Oral tradition --- Native title - Law and legislation. --- Social identity - Aboriginality. --- Aboriginal Australians.
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Law - Non-U.S. --- Law, Politics & Government --- Law - Africa, Asia, Pacific & Antarctica --- Native title (Australia) --- Social aspects. --- Aboriginal title (Australia) --- Australian aboriginal title --- Aboriginal Australians --- Land titles --- Torres Strait Islanders --- Land tenure --- Ethnology --- Cultural anthropology --- Ethnography --- Races of man --- Social anthropology --- Anthropology --- Human beings --- Native title.
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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.
Aboriginal Australians --- Land tenure --- Native title (Australia) --- Customary law --- Aboriginal title (Australia) --- Australian aboriginal title --- Land titles --- Torres Strait Islanders --- Land tenure. --- Civil rights. --- Legal status, laws, etc. --- Law and legislation --- Australia --- Race relations. --- Social policy. --- Politics and government. --- Social Sciences --- Anthropology --- Native title. --- Government policy. --- Politics and Government - Civil rights and citizenship. --- Law - Indigenous.
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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.
Indigenous peoples --- Native title (Australia) --- Indian title --- Legal status, laws, etc. --- Indigenous title --- Aboriginal Indian title --- Indian right of occupancy --- Original Indian title --- Recognized Indian title --- Tribal right of occupancy --- Indians of North America --- Land titles --- Aboriginal title (Australia) --- Australian aboriginal title --- Aboriginal Australians --- Torres Strait Islanders --- Land tenure --- Ethnology
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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.
Evidence, Expert --- Forensic anthropology --- Aboriginal Australians --- Native title (Australia) --- Law - Non-U.S. --- Law, Politics & Government --- Law - Africa, Asia, Pacific & Antarctica --- Legal status, laws, etc --- Legal status, laws, etc. --- Aboriginal title (Australia) --- Australian aboriginal title --- Anthropology, Forensic --- Medicolegal anthropology --- Expert evidence --- Expert testimony --- Expert witness --- Expert witnesses --- Opinion evidence --- Scientific evidence (Law) --- Land titles --- Torres Strait Islanders --- Forensic sciences --- Physical anthropology --- Evidence (Law) --- Witnesses --- Land tenure --- Anthropology --- Native title - Expert evidence. --- Anthropology - Theory and criticism.
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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."--
Indigenous peoples --- Native peoples --- Autochtones --- Land claims, Native --- Native land claims --- Aboriginal land claims --- Land claims, Aboriginal --- Native land claim disputes --- Native land claims disputes --- Aboriginal land claim disputes --- Aboriginal land claims disputes --- Land claim disputes, Native --- Land claim disputes, Aboriginal --- Land claims disputes, Native --- Land claims disputes, Aboriginal --- Aboriginal rights --- Native rights --- Aboriginal peoples --- Aborigines --- Adivasis --- Indigenous populations --- Native races --- Ethnology --- Claims --- History --- Legal status, laws, etc. --- Government policy --- Colonization --- Claims. --- History. --- Réclamations --- Histoire --- Droit --- Relations avec l'État --- Colonisation --- Great Britain --- Grande-Bretagne --- Colonies --- Native title (Australia) --- Aboriginal Australians--History --- Aboriginal Australians--Civil rights --- Aboriginal title (Australia) --- Australian aboriginal title --- Aboriginal Australians --- Land titles --- Torres Strait Islanders --- Land tenure --- Australia. --- Canada.
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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.
Native title (Australia) --- Wik-Mungkan (Australian people) --- Wik-Mungkan language. --- Wik-Ngathan language. --- Wik Mungkan language Y57. --- Wik Ngatharr language Y51. --- Wik Ngathan language Y54. --- Wik Elken language Y49. --- Wik Epa language Y52. --- Wik Adinda language Y46. --- Wik-Keyangan language Y173. --- Wik Mungkan people Y57. --- Wik Ngatharr people Y51. --- Wik Ngathan people Y54. --- Wik Elken people Y49. --- Wik Epa people Y52. --- Middle Paman languages --- Wik-Ngathana language --- Paman languages --- Munggan language --- Mungkan language --- Munkan language --- Wik-Munghn language --- Wik-Munkan language --- Wikmungkan language --- Wikmunkan language --- Aboriginal Australians --- Ethnology --- Monkanu (Australian people) --- Munggan (Australian people) --- Munggano (Australian people) --- Munkan (Australian people) --- Munkan tribe --- Munkanj (Australian people) --- Munkanu (Australian people) --- Wik Mongkan (Australian people) --- Wik Monkan (Australian people) --- Wik-Munkan (Australian people) --- Wik Munghn (Australian people) --- Wikmungkan (Australian people) --- Wikmungken (Australian people) --- Land titles --- Torres Strait Islanders --- Aboriginal title (Australia) --- Australian aboriginal title --- Land tenure --- Wik people --- Aboriginal languages --- Cape York --- Multilingualism
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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.
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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