Law and anthropology: the unhappy marriage?

Young, Simon (2014) Law and anthropology: the unhappy marriage? Property Law Review, 2014 (3). pp. 236-246. ISSN 1838-3858

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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.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Accepted version deposited in accordance with the copyright policy of the publisher.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 10 Sep 2014 00:05
Last Modified: 28 Nov 2017 05:36
Uncontrolled Keywords: property law; anthropology; native title; aboriginal title
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180124 Property Law (excl. Intellectual Property Law)
18 Law and Legal Studies > 1801 Law > 180121 Legal Practice, Lawyering and the Legal Profession
18 Law and Legal Studies > 1801 Law > 180101 Aboriginal and Torres Strait Islander Law
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940405 Law Reform
C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940406 Legal Processes
C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940401 Civil Justice
URI: http://eprints.usq.edu.au/id/eprint/25947

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