The Social Effects of Native Title: Recognition, Translation, Coexistence

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Benjamin Richard Smith, Frances Morphy
ANU E Press, 01.10.2007 - 223 Seiten
"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.
 

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Seite 210 - Native title has its origin in and is given its content by the traditional laws acknowledged by and the traditional customs observed by the indigenous inhabitants of a territory. The nature and incidents of native title must be ascertained as a matter of fact by reference to those laws and customs.
Seite 59 - Because the subjective necessity and self-evidence of the commonsense world are validated by the objective consensus on the sense of the world, what is essential goes without saying because it comes without saying...
Seite 205 - ... cultural and economic sustenance which the land provides, vested the land effectively in the control of the Imperial authorities without any right to compensation and made the indigenous inhabitants intruders in their own homes and mendicants for a place to live. Judged by any civilised standard, such a law is unjust and its claim to be part of the common law to be applied in contemporary Australia must be questioned.
Seite 31 - I saw it on the television Back in 1988 All those talking politicians. Words are easy, words are cheap Much cheaper than our priceless land But promises can disappear Just like writing in the sand. Treaty Yeh, Treaty Now, Treaty Yeh, Treaty Now.
Seite 16 - World societies — including, of course, the societies that social anthropologists have traditionally studied — are "weaker" in relation to Western languages (and today, especially to English), they are more likely to submit to forcible transformation in the translation process than the other way around.
Seite 218 - trendiness," that voluminous sin academic Tories attribute to anything that suggests to them that they might think thoughts other than those they have already thought, played much of a role. What has undermined them has been a change in the ecology of learning that has driven historians and anthropologists, like so many migrant geese, onto one another's territories: a collapse of the natural dispersion of feeding grounds that left France to the one and Samoa to the other.
Seite 208 - The tide of history has indeed washed away any real acknowledgment of their traditional laws and any real observance of their traditional customs.
Seite 75 - Katie 2002 Claiming country: a case study of historical legacy and transition in the native title context (Ph.D. thesis...
Seite 74 - Some remarks on the grammatical construction of the Chowielanguage, as spoken by the Buccaneer Islanders, North-Western Australia', Anthropos, 5: 454—6.
Seite 37 - The Yolngu leaders perceived the court situation less in adversary terms than as a setting where their role was to assist the court to learn about their ownership of land. They saw an opportunity "to explain...

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