Chapter

Aboriginal Title Within and Across Disciplinary Boundaries—Anthropologists, Historians, and Political Philosophers

Dr. P. G. McHugh

in Aboriginal Title

Published in print August 2011 | ISBN: 9780199699414
Published online January 2012 | e-ISBN: 9780191732133 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199699414.003.0005
Aboriginal Title Within and Across Disciplinary Boundaries—Anthropologists, Historians, and Political Philosophers

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This chapter looks at how the rise of a set of common law principles — fashioned as they were through the courts' adjudicative and adversarial processes — engaged with other disciplines, notably anthropology and history. The involvement of these disciplines raised core and, often, sensitive issues of method and the (politicised) role of interpretation accentuated as they were by the resources and cultural issues at stake. With the rise of rights described adjectivally as ‘aboriginal’, political theorists also pondered the justifications for and problematics of such rights within liberal democracies, especially as they enlarged from ownership to claims of self-government and determination from the late 1990s into the new century.

Keywords: history; historiography; anthropology; interpretation; group rights; liberalism; presentism

Chapter.  48443 words. 

Subjects: Public International Law

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