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Author : Peter Sutton
Publisher :
ISBN 13 :
Total Pages : 156 pages
Book Rating : 4.:/5 (334 download)
Download or read book Native Title and the Descent of Rights written by Peter Sutton and published by . This book was released on 1998 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Peter Sutton
Publisher : Cambridge University Press
ISBN 13 : 1139449494
Total Pages : 307 pages
Book Rating : 4.1/5 (394 download)
Download or read book Native Title in Australia written by Peter Sutton and published by Cambridge University Press. This book was released on 2004-01-19 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Kingsley Palmer
Publisher : ANU Press
ISBN 13 : 1760461881
Total Pages : 297 pages
Book Rating : 4.7/5 (64 download)
Download or read book Australian Native Title Anthropology written by Kingsley Palmer and published by ANU Press. This book was released on 2018-05-03 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Bertus de Villiers
Publisher : BRILL
ISBN 13 : 9004461663
Total Pages : 295 pages
Book Rating : 4.0/5 (44 download)
Download or read book Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts written by Bertus de Villiers and published by BRILL. This book was released on 2021-08-30 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Benjamin Richard Smith
Publisher : ANU E Press
ISBN 13 : 1921313528
Total Pages : 238 pages
Book Rating : 4.9/5 (213 download)
Download or read book The Social Effects of Native Title written by Benjamin Richard Smith and published by ANU E Press. This book was released on 2007-10-01 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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 : Louis A. Knafla
Publisher : UBC Press
ISBN 13 : 0774859296
Total Pages : 280 pages
Book Rating : 4.7/5 (748 download)
Download or read book Aboriginal Title and Indigenous Peoples written by Louis A. Knafla and published by UBC Press. This book was released on 2011-01-01 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 13 : 1921862432
Total Pages : 336 pages
Book Rating : 4.9/5 (218 download)
Download or read book Law's Anthropology written by Paul Burke and published by ANU E Press. This book was released on 2011-11-01 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 13 : 0855756632
Total Pages : 274 pages
Book Rating : 4.8/5 (557 download)
Download or read book Compromised Jurisprudence written by Lisa Strelein and published by Aboriginal Studies Press. This book was released on 2009 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: First edition published in 2006.
Author : Peter Read
Publisher : ANU E Press
ISBN 13 : 1920942912
Total Pages : 252 pages
Book Rating : 4.9/5 (29 download)
Download or read book What Good Condition? written by Peter Read and published by ANU E Press. This book was released on 2006-12-01 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: "What Good Condition? collects edited papers, initially delivered at the Treaty Advancing Reconciliation conference, on the proposal for a treaty between Aboriginal and non-Aboriginal Australians, a proposal which has been discussed and dissected for nearly 30 years. Featuring contributions from prominent Aboriginal community leaders, legal experts and academics, this capacious work provides an overview of the context and legacy of the residue of treaty proposals and negotiations in past decades; a consideration of the implications of treaty in an Indigenous, national and international context; and, finally, some reflections on regional aspirations and achievements."--Publisher's description.
Author : Robert Tonks
Publisher : Aboriginal Studies Press
ISBN 13 : 0855755830
Total Pages : 284 pages
Book Rating : 4.8/5 (557 download)
Download or read book Social Anthropology and Australian Aboriginal Studies written by Robert Tonks and published by Aboriginal Studies Press. This book was released on 1988-11 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Australian Institute of Aboriginal and Torres Strait Islander Studies
Publisher : Aboriginal Studies Press
ISBN 13 : 0855754664
Total Pages : 321 pages
Book Rating : 4.8/5 (557 download)
Download or read book Unfinished Constitutional Business? written by Australian Institute of Aboriginal and Torres Strait Islander Studies and published by Aboriginal Studies Press. This book was released on 2005 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative approach to the Indigeneity and the experience of colonisation. From Australia to the Solomons, to the USA to Canada, the experience of colonisation in those colonies involved either the introduction of a common law system or an introduced civil law system.
Author : Joy Hendry
Publisher : Routledge
ISBN 13 : 1136331166
Total Pages : 313 pages
Book Rating : 4.1/5 (363 download)
Download or read book Anthropologists, Indigenous Scholars and the Research Endeavour written by Joy Hendry and published by Routledge. This book was released on 2012-11-27 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection offers the fruits of a stimulating workshop that sought to bridge the fraught relationship which sometimes continues between anthropologists and indigenous/native/aboriginal scholars, despite areas of overlapping interest. Participants from around the world share their views and opinions on subjects ranging from ideas for reconciliation, the question of what might constitute a universal "science," indigenous heritage, postcolonial museology, the boundaries of the term "indigeneity," different senses as ways of knowing, and the very issue of writing as a method of dissemination that divides and excludes readers from different backgrounds. This book represents a landmark step in the process of replacing bridges with more equal patterns of intercultural cooperation and communication.
Author : Leon Terrill
Publisher : Routledge
ISBN 13 : 1317525078
Total Pages : 317 pages
Book Rating : 4.3/5 (175 download)
Download or read book Beyond Communal and Individual Ownership written by Leon Terrill and published by Routledge. This book was released on 2015-10-05 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last decade, Australian governments have introduced a series of land reforms in communities on Indigenous land. This book is the first in-depth study of these significant and far reaching reforms. It explains how the reforms came about, what they do and their consequences for Indigenous landowners and community residents. It also revisits the rationale for their introduction and discusses the significant gap between public debate about the reforms and their actual impact. Drawing on international research, the book describes how it is necessary to move beyond the concepts of communal and individual ownership in order to understand the true significance of the reforms. The book's fresh perspective on land reform and careful assessment of key land reform theories will be of interest to scholars of indigenous land rights, land law, indigenous studies and aboriginal culture not only in Australia but also in any other country with an interest in indigenous land rights.
Author : Lee Godden
Publisher : Routledge
ISBN 13 : 1136946012
Total Pages : 589 pages
Book Rating : 4.1/5 (369 download)
Download or read book Comparative Perspectives on Communal Lands and Individual Ownership written by Lee Godden and published by Routledge. This book was released on 2010-02-26 with total page 589 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Perspectives on Communal Lands and Individual Ownership: Sustainable Futures addresses property and land title as central mechanisms governing access to communally-held land and resources. The collection assesses the effectiveness of property law and tenure models developed around concepts of individual ownership, for achieving long-term environmental and economic sustainability for indigenous peoples and local communities. It explores the momentum for change in the international realm, and then develops a comparative focus across Australia, North America, Africa, Peru, New Zealand and the Pacific region, examining the historical and current impacts of individuation of title on the customary law and practice of indigenous peoples and local communities. Themes of property, privatisation and sustainable communities are developed in theoretical analyses and case studies from these jurisdictions. The case studies throw into sharp relief how questions of land law and resources management should not be separated from wider issues about the long-term viability of communities. Comparative analysis allows consideration of how western models of land tenure and land title might better accommodate the exercise of traditional practices of indigenous peoples and local communities, while still promoting autonomy, choice and economic development. This volume will be of interest to scholars and professionals working in the fields of property law, land reform, policy and planning, indigenous law and customary law, environmental sustainability, development and resource management.
Author : Alexandra Harmon
Publisher : University of Washington Press
ISBN 13 : 0295800461
Total Pages : 384 pages
Book Rating : 4.2/5 (958 download)
Download or read book The Power of Promises written by Alexandra Harmon and published by University of Washington Press. This book was released on 2012-01-01 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Treaties with Native American groups in the Pacific Northwest have had profound and long-lasting implications for land ownership, resource access, and political rights in both the United States and Canada. In The Power of Promises, a distinguished group of scholars, representing many disciplines, discuss the treaties' legacies. In North America, where treaties have been employed hundreds of times to define relations between indigenous and colonial societies, many such pacts have continuing legal force, and many have been the focus of recent, high-stakes legal contests. The Power of Promises shows that Indian treaties have implications for important aspects of human history and contemporary existence, including struggles for political and cultural power, law's effect on people's self-conceptions, the functions of stories about the past, and the process of defining national and ethnic identities.
Author : Elizabeth A. Povinelli
Publisher : Duke University Press
ISBN 13 : 0822383675
Total Pages : 353 pages
Book Rating : 4.8/5 (223 download)
Download or read book The Cunning of Recognition written by Elizabeth A. Povinelli and published by Duke University Press. This book was released on 2002-07-19 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Sally Babidge
Publisher : Gower Publishing, Ltd.
ISBN 13 : 9780754679356
Total Pages : 304 pages
Book Rating : 4.6/5 (793 download)
Download or read book Aboriginal Family and the State written by Sally Babidge and published by Gower Publishing, Ltd.. This book was released on 2010 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the contemporary relations and history of indigenous families in Australia, specifically referencing issues of government control and recent official recognition of Aboriginal traditional owners. Author from University of Queensland, Australia.
