Compromised Jurisprudence

Native title has dramatically altered the law and public policy in Australia. It has had a fundamental impact on social relations between Indigenous and non-Indigenous Australians and the courts have played a central role in its development, and continue to do so.

Compromised Jurisprudence established itself as a well-priced and accessible introduction to the subject of native title.

This revised edition is the most up-to-date book on the subject. The final two chapters now include a discussion of recent decisions and all the Federal Court appeals since the last edition. The annotated case list has also been updated. As with Strelein's other writing, this focuses on the relationship between Indigenous peoples and the state, and the role of the courts in defining indigenous peoples rights.

This second edition of Lisa Strelein's Compromised Jurisprudence skilfully reveals both the promises, perils and pitfalls of litigating Indigenous peoples property and other fundamental human rights under the domestic law of a Western settler-state like Australia. The work of a gifted legal scholar and writer, the book contains many valuable lessons and insights that Indigenous rights advocates around the world will be able to utilise in their own legal efforts aimed at decolonisation of Indigenous peoples under both domestic and international law. N Robert A. Williams, Jr., E. Thomas Sullivan Professor of Law and American Indian Studies, University of Arizona Rogers College of Law

A significant deficiency in native title practice in Australia has been a failure by some of the participants to come to grips with the conceptual underpinnings of native title jurisprudence. Compromised Jurisprudence, by confronting, analysing and challenging those underpinnings, is an important work that can assist in overcoming that deficiency. N Ron Merkel, Federal Court of Australia [Commenting on the first edition]Dr Lisa Strelein is the Director and Research Fellow of the Native Title Research Unit at AIATSIS, the leading research and resource centre for native title research in Australia. Her writing has been taken up in Indigenous studies, property and environmental law studies.

Production Details

• Paperback
• 230mm x 155mm x 18mm
• 232pp
• Released November 2009
• ISBN 9780855756635

Contents

Preface
Acknowledgments
Introduction
Chapter 1: Recognising native title in Australian law- Mabo v Queensland [No. 2]
Chapter 2: Coexistence and necessary inconsistency- Wik Peoples v Queensland
Chapter 3: The vulnerability of native title- Fejo v Northern Territory
Chapter 4: Property and Crown ownership- Yanner v Eaton
Chapter 5: Native title offshore- Commonwealth v Yarmirr
Chapter 6: Redefining extinguishment- Western Australia v Ward
Chapter 7: Proof of a native title society- Yorta Yorta v Victoria
Chapter 8: Rules of interpretation- Griffiths v Minister for Lands, Planning and Environment
Chapter 9: Implementing the High Court’s jurisprudence- De Rose v South Australia [No. 2]
Chapter 10: Continuity and change- Bodney v Bennell
Chapter 11: The development of native title jurisprudence
Chapter 12: The jurisprudence of native title-‘Recognition’ and ‘protection’
Notes
Annotated case list
Bibliography
Index

About The Cover

Cover image: Into the Wanyarang sunset  Shane Pickett, Indigenart, The Mossenson Galleries, www.indigenart.com.au