Download or read book Dilemmas in Applied Native Title Anthropology in Australia written by Toni Bauman and published by . This book was released on 2010 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
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.
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.
Download or read book Crossing Boundaries written by Sandy Toussaint and published by Melbourne Univ. Publishing. This book was released on 2004 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever since the 1992 Mabo decision put an end to the legal fiction that Australia was without owners before the arrival of the British colonisers, the work associated with resolving native title claims has developed as a significant but often difficult arena of professional practice. Increasingly, anthropologists, linguists, historians and lawyers have been encouraged to work collaboratively, often in the context of highly charged public controversy about who owns the land. In Crossing Boundaries, editor Sandy Toussaint and her contributors have created a cross-disciplinary exploration of native title work. In all, twenty professionals share their experience and expertise. As Toussaint concludes, 'Chapters in this volume reveal the extent to which native title workers need to communicate more cogently and, in some cases, to redefine their practice.'
Download or read book A Cautious Silence written by Geoffrey G. Gray and published by Aboriginal Studies Press. This book was released on 2007 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Oxford Handbook of Law and Anthropology written by Marie-Claire Foblets and published by Oxford University Press. This book was released on 2022 with total page 993 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Law and Anthropology is a ground-breaking collection of essays that provides an original and internationally framed conception of the historical, theoretical, and ethnographic interconnections of law and anthropology. Each of the chapters in the Handbook provides a survey of the current state of scholarly debate and an argument about the future direction of research in this dynamic and interdisciplinary field. The structure of the Handbook is animated by an overarching collective narrative about how law and anthropology have and should relate to each other as intersecting domains of inquiry that address such fundamental questions as dispute resolution, normative ordering, social organization, and legal, political, and social identity. The need for such a comprehensive project has become even more pressing as lawyers and anthropologists work together in an ever-increasing number of areas, including immigration and asylum processes, international justice forums, cultural heritage certification and monitoring, and the writing of new national constitutions, among many others. The Handbook takes critical stock of these various points of intersection in order to identify and conceptualize the most promising areas of innovation and sociolegal relevance, as well as to acknowledge the points of tension, open questions, and areas for future development.
Download or read book Researching Property Law written by Sarah Blandy and published by Bloomsbury Publishing. This book was released on 2015-08-31 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: For those embarking on or engaged in property law research, this is a unique resource which includes contributions from twelve international scholars who each analyse a different research approach, addressing its value, associated methodology and the challenges involved in pursuing it.
Download or read book Culture Crisis written by Jon Altman and published by UNSW Press. This book was released on 2010-11 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2007 th eAustralian government declared that remote Aboriginal communities were in crisis and launched the Northern Territory Intervention. This dramatic move occurred against a backdrip of vigorous debate among policy makers, academics, commentators and Aboriginal people about the apparent failure of self-determination. -- back cover.
Download or read book Crosscurrents written by Katie Glaskin and published by Apollo Books. This book was released on 2017 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law's metaphysics -- When whiteman came in -- Mission days -- A land and sea claim -- The ethnographic archive -- In the court -- Legal submissions and crosscurrents -- How judgments are made -- Society and sea on appeal -- Recognitions's paradox
Download or read book Aboriginal Title written by P. G. McHugh and published by OUP Oxford. This book was released on 2011-08-18 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aboriginal title represents one of the most remarkable and controversial legal developments in the common law world of the late-twentieth century. Overnight it changed the legal position of indigenous peoples. The common law doctrine gave sudden substance to the tribes' claims to justiciable property rights over their traditional lands, catapulting these up the national agenda and jolting them out of a previous culture of governmental inattention. In a series of breakthrough cases national courts adopted the argument developed first in western Canada, and then New Zealand and Australia by a handful of influential scholars. By the beginning of the millennium the doctrine had spread to Malaysia, Belize, southern Africa and had a profound impact upon the rapid development of international law of indigenous peoples' rights. This book is a history of this doctrine and the explosion of intellectual activity arising from this inrush of legalism into the tribes' relations with the Anglo settler state. The author is one of the key scholars involved from the doctrine's appearance in the early 1980s as an exhortation to the courts, and a figure who has both witnessed and contributed to its acceptance and subsequent pattern of development. He looks critically at the early conceptualisation of the doctrine, its doctrinal elaboration in Canada and Australia - the busiest jurisdictions - through a proprietary paradigm located primarily (and constrictively) inside adjudicative processes. He also considers the issues of inter-disciplinary thought and practice arising from national legal systems' recognition of aboriginal land rights, including the emergent and associated themes of self-determination that surfaced more overtly during the 1990s and after. The doctrine made modern legal history, and it is still making it.
Download or read book Cultural Expertise and Socio Legal Studies written by Austin Sarat and published by Emerald Group Publishing. This book was released on 2019-02-28 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this special issue, socio-legal scientists with interdisciplinary backgrounds scrutinize the applicability of the notion of cultural expertise in Europe and the rest of the World. Cases include murder, female genital mutilation, earthquake claims, Islamic law, underage marriages, child custody, adoption, land rights, and asylum.
Download or read book Applied Anthropology in Australasia written by Sandy Toussaint and published by UWA Publishing. This book was released on 1999 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains four papers (by Birkhead, Moore, Ritchie and Stanton) on aspects of applied anthropology in land claim consultancy and museum work, annotated separately.
Download or read book Challenges for Australian Native Title Anthropology written by David Martin and published by . This book was released on 2011 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
Download or read book Anthropology and the Politics of Representation written by Gabriela Vargas-Cetina and published by University of Alabama Press. This book was released on 2013-02 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the inherently problematic nature of representation and description of living people, specifically in ethnography and more generally in anthropological work as a whole. In this book, the editor brings together a group of international scholars who, through their fieldwork experiences, reflect on the epistemological, political, and personal implications of their own work. To do so, they focus on such topics as ethnography, anthropologists' engagement in identity politics, representational practices, the contexts of anthropological research and work, and the effects of personal choices regarding self-involvement in local causes that may extend beyond purely ethnographic goals.
Download or read book Practicing Anthropology written by and published by . This book was released on 2001 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law s Anthropology written by Paul Burke and published by . This book was released on 2011 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Summary: 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.
