Synergy or skirmish? The collaboration of law and anthropology

Edited book (chapter)


Young, Simon. 2016. "Synergy or skirmish? The collaboration of law and anthropology." Bright, Susan and Blandy, Sarah (ed.) Researching property law. London, United Kingdom. Palgrave Macmillan. pp. 145-163
Chapter Title

Synergy or skirmish? The collaboration of law and anthropology

Book Chapter CategoryEdited book (chapter)
ERA Publisher ID2865
Book TitleResearching property law
Authors
AuthorYoung, Simon
EditorsBright, Susan and Blandy, Sarah
Page Range145-163
Chapter Number11
Number of Pages19
Year2016
PublisherPalgrave Macmillan
Place of PublicationLondon, United Kingdom
ISBN9781137487896
Web Address (URL)https://books.google.com.au/books?id=MyGnCgAAQBAJ&lpg=PR12&dq=researching%20property%20law&pg=PR5#v=onepage&q&f=false
Abstract

This chapter begins with a brief review of the origins of this interdisciplinary conversation and its broad ongoing relevance in various fields of property law. The focus then turns to the way the collaboration works, academically and professionally, in the context of Aboriginal (or ‘native’) title. We will examine some of the history of the union in this context and illustrate its operation with respect to some key practical controversies. Examples are chiefly drawn from the Australian context, however, North-American and New Zealand comparisons will be added in particular places.
In the context of Indigenous issues, the value of productive collaboration between law and anthropology is self-evident. Few would deny the inherent limitations of traditional Western legal method, left to its own devices, in its contemplation of sophisticated pre-existing Indigenous cultures. Popular staging posts for critique here include the first instance decisions in Delgamuukw v British Columbia (1991) 79 DLR (4th) 185 and Members of the Yorta Yorta Aboriginal Community v Victoria [1998] FCA 1606. However, a suitably simple starting point is a comment from the famous Maori lawyer, Sir E T Durie. He once famously decried the stubborn ‘monoculturalism’ of the courts when describing how a Maori elder’s song in a riverbed claim was interpreted: ‘The court noted that he sang a song but had nothing to say.’

Keywordsproperty law, Aboriginal title, native title, anthropology
ANZSRC Field of Research 2020480604. Property law (excl. intellectual property law)
440107. Social and cultural anthropology
450599. Aboriginal and Torres Strait Islander peoples, society and community not elsewhere classified
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Byline AffiliationsSchool of Law and Justice
Institution of OriginUniversity of Southern Queensland
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