Identifying the Relevant Level of a Society in Australian Native Title Claims
Bibliographic Data
| ID | 2144677 |
|---|---|
| Authors | Anthony Redmond (OFM Research (United States), corresponding author) |
| Year | 2011 |
| Volume | 21 |
| Issue | 3 |
| Pages | 287-305 |
| Publication date | 2011-11-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Anthropological Forum (JOURNAL) |
| Journal identifiers | ISSN: 0066-4677 • E-ISSN: 1469-2902 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/00664677.2011.617714 |
| OpenAlex | W2072033452 |
| Language | EN |
| Citations received | 3 |
| References cited | 30 |
Many of the outstanding native title claims across Australia were originally conceptualised in terms of the level at which rights and interests in land were exercised by groupings of claimants at a range of scales, rather than the level at which the body of law and custom legitimating those rights and interests was held and reproduced. Claimants, Native Title Representative Bodies (NTRBs) and respondent parties have continued to struggle with reconciling the various levels at which Aboriginal groups coalesce and become differentiated from one another. Since the Yorta Yorta High Court decision in 2002, Indigenous Australians claiming native title under the Native Title Act 1993 (Cth) have had to demonstrate that their current ‘society’ is the same society as that which existed at the time of colonisation. Since the rights and interests in land and waters that can be recognised under the Native Title Act are said to stem from the ‘laws and customs’ of the society that was in existence at sovereignty, much hinges on how ‘society’ is understood. What emerges strongly from the ethnographic record is that traditional Aboriginal societies contracted and expanded in different contexts. In this paper, I argue that defining native title societies in a way that adequately acknowledges this fact does not seem to be precluded by the Native Title Act or by subsequent case law judgments on this question. 1
Human rights · Indigenous · Indigenous rights · Native american · Political science · Politics · Respondent · Sociology · Sovereignty · Anthropology · Cultural Heritage Management and Preservation · Indigenous Health, Education, and Rights · Law · Law in Society and Culture
Social organization
Sociology
Sociological writings.
A Black Civilization
Native Title in Australia
A Black Civilization.
Language and culture in aboriginal Australia
Pintupi Country, Pintupi Self
Two Representative Tribes of Queensland
Materialising Oceania
The Reconstitution of Aboriginal Sociality Through the Identification of Traditional Owners in New South Wales
The Incest Passions
The Social Organization of Australian Tribes
The Concept of ‘The Tribe’ in the Western Desert of Australia. 1
The Social Organization of Australian Tribes
The social construction of reality
Land, Language and Social Identity in Aboriginal Australia
The social effects of native title
The Elementary Forms of Religious Life
Sociology and Philosophy (Routledge Revivals)
Metaphor and the Metalanguage
The Toara Ceremony of the Dippil Tribes of Queensland
Language groups in Australian aboriginal land claims
Western Desert and Native Title
Yulara and Future Expert Reports in Native Title Cases
| Unique citing works | 3 |
|---|---|
| Citations per year | 0,21 |
| Citation span | 2012 - 2020 (9) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 3 |