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.

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.

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.

Advancing the rising field of engaged or participatory anthropology that is emerging at the same time as increased opposition from Indigenous peoples to research, this book offers critical reflections on research approaches to-date. The engaged approach seeks to change the researcher-researched relationship fundamentally, to make methods more appropriate and beneficial to communities by involving them as participants in the entire process from choice of research topic onwards. The aim is not only to change power relationships, but also engage with non-academic audiences. The advancement of such an egalitarian and inclusive approach to research can provoke strong opposition. Some argue that it threatens academic rigour and worry about the undermining of disciplinary authority. Others point to the difficulties of establishing an appropriately non-ethnocentric moral stance and navigating the complex problems communities face. Drawing on the experiences of Indigenous scholars, anthropologists and development professionals acquainted with a range of cultures, this book furthers our understanding of pressing issues such as interpretation, transmission and ownership of Indigenous knowledge, and appropriate ways to represent and communicate it. All the contributors recognise the plurality of knowledge and incorporate perspectives that derive, at least in part, from other ways of being in the world.

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.

"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.

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.

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.

Universities are social universes in their own right. They are the site of multiple, complex and diverse social relations, identities, communities, knowledges and practices. At the heart of this book are people enrolling at university for the first time and entering into the broad variety of social relations and contexts entailed in their ‘coming to know’ at, of and through university. For some time now the terms ‘transition to university’ and ‘first-year experience’ have been at the centre of discussion and discourse at, and about, Australian universities. For those university administrators, researchers and teachers involved, this focus has been framed by a number of interlinked factors ranging from social justice concerns to the hard economic realities confronting the contemporary corporatising university. In the midst of changing global economic conditions affecting the international student market, as well as shifting domestic politics surrounding university funding, the equation of dollars with student numbers has remained a constant, and has kept universities’ attention on the current ‘three Rs’ of higher education — recruitment, retention, reward — and, in particular, on the critical phase of students’ entry into the tertiary institution environment. By recasting ‘the transition to university’ as simultaneously and necessarily entailing a transition of university — indeed universities — and of their many and varied constitutive relations, structures and practices, the contributors to this book seek to reconceptualise the ‘first-year experience’ in terms of multiple and dynamic processes of dialogue and exchange amongst all participants. They interrogate taken-for-granted understandings of what ‘the university’ is, and consider what universities might yet become.

Delgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. The distinguished group of scholars whose work is showcased here, however, shows that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework. This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar developments in common law countries.