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: David Martin
Publisher:
ISBN: 9780855758066
Category : Aboriginal Australians
Languages : en
Pages : 37
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Book Description
"This Discussion Paper arises from a concern that the current contributions of anthropology in the Australian native title arena are often unnecessarily confined to the production of expert reports and other materials, in accordance with legal briefs and criteria established under native title law. It argues for a broadening of the focus of anthropological work in the native title arena from roles as independent experts, to include a ‘mirror image’ of that concerned with the proof of native title. In addition to constructing legally-driven expert accounts of the present in terms of the traditions of the past as is required to prove native title, this 'mirror image' anthropology would be explicitly concerned with contemporary processes such as Aboriginal engagement with the wider society, development, and transformation as well as with cultural continuities. The paper provides conceptual tools for this broader anthropological focus, including the practical significance of the concept of the 'intercultural' in challenging essentialised constructions of Aboriginal traditions, laws, and customs in the native title arena."--p. 2.
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: Toni Bauman
Publisher:
ISBN: 9780855757083
Category : Aboriginal Australians
Languages : en
Pages : 174
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Book Description
Issues discussed include the need to contexualize ethnographic texts; defining normative systems that reflect Indigenous laws and customs; overlaps between legal and anthropological discourses; competing narratives of law and anthropology; issues of procedural fairness; differences in assessing ethnographies; methodological and evaluative dilemmas facing anthropologists as expert witnesses in litigation; and ways of encouraging early career anthropologists into the native title area. --cover.
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: 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: 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: Julie Finlayson
Publisher:
ISBN: 9780855753818
Category : Aboriginal Australians
Languages : en
Pages : 12
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Book Description
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: 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.
