Law and anthropology: the unhappy marriage?
Article
Young, Simon. 2014. "Law and anthropology: the unhappy marriage?" Property Law Review. 2014 (3), pp. 236-246.
| Article Title | Law and anthropology: the unhappy marriage? |
|---|---|
| ERA Journal ID | 200076 |
| Article Category | Article |
| Authors | |
| Author | Young, Simon |
| Journal Title | Property Law Review |
| Journal Citation | 2014 (3), pp. 236-246 |
| Number of Pages | 11 |
| Year | 2014 |
| Place of Publication | Sydney, Australia |
| ISSN | 1838-3858 |
| Web Address (URL) | http://www.thomsonreuters.com.au/property-law-review-online/productdetail/106238 |
| Abstract | Law and anthropology have long been collaborators – intellectually, and more recently professionally. These disciplines had found each other by the late 1800s, and the ensuing conversation has been a productive one. The notion of ‘property’ is a key concern of both camps, and in this context the law has benefitted greatly from a maturing anthropological input. Perhaps the most important contribution of this collaboration is the path it helped to clear for meaningful recognition of Indigenous land rights. Yet in that context, as the Australian example particularly shows, the interdisciplinary partnership can be a troubled one. This article reviews the origins of the ‘law-anthropology’ collaboration and its ongoing relevance in the development of property law. It then turns to the workings of the collaboration in the important contemporary context of Aboriginal (or “native”) title, drawing from the Australian, North-American and New Zealand experiences. |
| Keywords | property law; anthropology; native title; aboriginal title |
| ANZSRC Field of Research 2020 | 480604. Property law (excl. intellectual property law) |
| 480505. Legal practice, lawyering and the legal profession | |
| 450599. Aboriginal and Torres Strait Islander peoples, society and community not elsewhere classified | |
| Public Notes | File reproduced in accordance with the copyright policy of the publisher/author. |
| Byline Affiliations | School of Law and Justice |
| Institution of Origin | University of Southern Queensland |
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