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Finke Land Claim
Outlines local descent groups; evidence of traditional ownership; recommends grant of whole area; lists witnesses and exhibits.
Constitutionalism of Australian First Nations
The book considers Australian First Nations constitutionalism by drawing on the chthonic constitutional traditions of three distinct Australian First Nations legal orders: the Warlpiri, Yolngu, and Pintupi legal orders, in the endeavour of identifying, via a comparative analysis, a core of similarities to be drawn upon and articulate an emergent legal theory common to the three legal orders. The comparative analysis is undertaken at the most foundational levels of their legal traditions, via the prism of a legal paradigm elaborated with reference to an Australian Indigenous cosmological, ontological, and epistemological standpoint. The proposed legal theory comprises a broad overview, general concepts, normative principles, and general working principles. In so doing, the book expounds how Australian First Nations constitutionalism unfolds into holistic orders of spiritual, political, and legal authority that are explainable in terms of legal theory. At the most foundational level, such elaboration may help delineate normative and legal constitutional patterns throughout Indigenous Australia.
Western Desert Land Claim
History and area of land claim; identification of traditional owners and their relation to the land claimed; assessment of Aboriginal and other claims to area; Ngaliwurru and Karangpurru language groups.
Native Title in Australia
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.
Yutpundji-Djindiwirritj (Roper Bar) Land Claim
Finds that Ngalakan claimants are traditional owners as defined under the Act; report covers contact history, social organisation, estates, sites, dreamings, traditional land ownership and local groups, foraging, spiritual relationship to land and strength of attachment to it; also considers extent of disadvantage to non-Aborigines in granting the claim.
Limmen Bight Land Claim
Judgment of Mara-Wandarung claim to Limmen Bight area; traditional ownership by mingeringgi established for most of claim area; primary spiritual responsibility not established for djunggaiyi; owners mainly residents of Ngukurr and Borroloola.
Language and the Law
Explains and describes the ways that language use in the legal system can create inequality and disadvantage. It examines the three main areas where the two intersect: the central issue of the language of the law; the disadvantage which language can impose before the law, and forensic linguistics - the use of linguistic evidence in legal processes. Each section of the book is preceded by an introduction by the editor which sets the paper within a conceptual framework. Lawyer's opinions are not neglected even though the collection is written mainly by linguists. The section concludes with a lawyer's response, in which a prominent lawyer with a particular interest in the content of the section responds to the papers.
