Native Title in Australia: An Ethnographic PerspectiveNative 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. |
Contents
1 Kinds of rights in country | 1 |
2 Local organisation before the land claims era | 38 |
3 Aboriginal country groups | 54 |
4 Atomism versus collectivism | 85 |
5 Underlying and proximate customary titles | 111 |
6 The system question | 135 |
7 Kinship filiation and Aboriginal land tenure | 173 |
8 Families of polity | 206 |
Notes | 232 |
253 | |
274 | |
Other editions - View all
Common terms and phrases
Aboriginal actual affiliations anthropological anthropologists applications assert Australia basis belong called Cape York Chapter claimants claims clan classical close cognatic conception connection context continuity cultural customary customs defined definition descent group described determination distinction Dreaming entitlements especially evidence example fact father Figure historical hold horde Howitt identified identity important individual interests Keen kind kinship land language least linguistic living marriage matter means membership mother names native title normally Northern one’s organisation parents particular patrifilial patrilineal perhaps person political practice present primary principles question Radcliffe-Brown range recognised recorded refer region relations relationships relative relevant residence rights and interests River role rules sense shared similar single social society structural suggest Sutton tenure Territory totemic traditional tribe typically usually Western Desert