The proof of native title connection in absentia

Babidge, Sally (2011). The proof of native title connection in absentia. In Toni Bauman and Gaynor Macdonald (Ed.), Unsettling anthropology: The demands of native title on worn concepts and changing lives (pp. 82-99) Canberra, ACT, Australia: AIATSIS.

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Author Babidge, Sally
Title of chapter The proof of native title connection in absentia
Formatted title
The proof of native title connection in absentia
Title of book Unsettling anthropology: The demands of native title on worn concepts and changing lives
Place of Publication Canberra, ACT, Australia
Publisher AIATSIS
Publication Year 2011
Sub-type Critical review of research, literature review, critical commentary
ISBN 9780987135339
Editor Toni Bauman
Gaynor Macdonald
Chapter number 5
Start page 82
End page 99
Total pages 18
Total chapters 10
Collection year 2012
Language eng
Formatted Abstract/Summary
This collection arose from a workshop for anthropologists in July 2010, Turning
the Tide: Anthropology for Native Title in South-East Australia. Held at Sydney
University and co-convened by the University of Sydney and the Native Title
Research Unit, Australian Institute of Aboriginal and Torres Strait Islander
Studies, the workshop addressed issues of native title anthropology in what is
often referred to as ‘settled’ Australia. In these areas, native title — as a form
of justice and recognition for indigenous peoples — has proven a particularly
frustrating experience. The title of the workshop recalled the various Yorta Yorta
native title decisions in Victoria, and Olney J’s quoting of Justice Brennan in
Mabo (No 2) (1992, at [60]): ‘when the tide of history has washed away any real
acknowledgement of traditional law and any real observance of traditional
customs, the foundation of native title has disappeared’.

Modelling the connection of native title claimants to their land in ways that are
acceptable to the adversarial native title context is a challenge for native title
anthropologists. They are faced with embedded and static notions of tradition
that fly in the face of at least half a century of national and international
anthropological debates and theory, but which have received little attention in
the native title sector. The book includes issues such as naming of groups, the
significance of descent from deceased forebears, the constitution of society,
ways of approaching Aboriginal land tenure, processes of group exclusion and
inclusion, changing laws and customs, and the scale of native title groups.
[from back cover]
Q-Index Code B1
Q-Index Status Confirmed Code
Institutional Status UQ

Document type: Book Chapter
Collections: Official 2012 Collection
School of Social Science Publications
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Created: Fri, 16 Sep 2011, 11:54:42 EST by Ms Lynette Adams on behalf of School of Social Science