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Governments in the Asia Pacific region states within which indigenous people dwell have increasingly turned to legal definitions of indigeneity and of indigenous laws and customs. However, these legal codifications bring into being not indigenous cultures per se but a version of them that is...
Noel Pearson's notion of the ‘Recognition Space’ between Aboriginal and Euro-Australian law accounts for a region of conjuncture between them. It does not, in anthropological terms, account for the more comprehensive and ongoing elicitation of Aboriginal law and custom by the Australian judicial...
The concept of tradition has, historically, played a significant role in the anthropological understanding of indigenous peoples. Since the 1970s, it has also played a fundamental role in the judicial determination of aboriginal rights claims in Canada and other Anglophonic common law countries,...
A common theme that emerges in the history of modern Indonesia is the perpetuation of a political tension between centralist projects of national unity, and devolutionist tendencies expressed as regionalism and assertive cultural identity politics among local (adat) communities across the...
This paper seeks to illustrate some of the distinctive national features of the relationship between custom, law, and ideology in Papua New Guinea. While the concept of ‘native custom’ was initially the creation of Australian colonial law, the relationship between custom and law acquired a new...
Liberal multiculturalism as practised in Australia makes demands upon Indigenous minorities to demonstrate their traditionality. Taking examples from recent Australian land and native title claims, the paper illustrates notions of ‘tradition’ generated and applied in these processes. It explores...
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