Law's Anthropology : From ethnography to expert testimony in native title

Burke, Paul J.

doi:10.26530/oapen_459356

Cited by 17 publications

References 91 publications

(111 reference statements)

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Australia, Aboriginal Rights in

Glaskin¹

2018

The International Encyclopedia of Anthropology

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For indigenous peoples worldwide, the struggle to gain recognition of rights associated with their identities as indigenous peoples is an integral aspect of the quest for self‐determination. These struggles take place in complex legal, social, political, and economic fields, and the stakes associated with forms of recognition, such as land rights, are high. In Australia, anthropologists have been involved in Aboriginal rights issues, specifically those concerned with land rights, native title, and cultural heritage protection, over many decades. These rights issues reflect the historical and ongoing nature of the relationship between indigenous peoples and nation‐states and raise moral issues about loss, restoration, justice, and compensation. Anthropological involvement in these issues has not been uncontroversial, mirroring debates in other geographical contexts about the complexities and ambiguities of applied anthropological research.

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Australia, Aboriginal Rights in

Glaskin¹

2018

The International Encyclopedia of Anthropology

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The Magic of Narrative in the Emplotment of State‐Subject Relations: Who's Telling Whose Story in the Native Title Process in Australia?

Pilbrow

2013

Oceania

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Since 1992 Australian Aboriginal communities have been engaged in a complex and fraught legal process for the recognition of their traditional rights to country (‘native title’). In this article I argue that it is theoretically and critically illuminating to investigate the broader ‘meaning effects’ of the native title determination process on the subjective experience of the state in Australia. The article demonstrates this through examining the narrative effects of certain discursive moments through which identities get objectified. Through examining such moments in the discourse and practice of native title from the perspective of a participant‐observer, I seek to advance our theoretical understanding of how the narrative properties of speech (or other performative behaviours) in specific contexts structure the subjective experience of the state.

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Synergy or Skirmish? The Collaboration of Law and Anthropology

Young

2016

Researching Property Law

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Law's Anthropology : From ethnography to expert testimony in native title

Cited by 17 publications

References 91 publications

Australia, Aboriginal Rights in

Australia, Aboriginal Rights in

The Magic of Narrative in the Emplotment of State‐Subject Relations: Who's Telling Whose Story in the Native Title Process in Australia?

Synergy or Skirmish? The Collaboration of Law and Anthropology

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