The ‘Spirit’ of the Thing: The Boundaries of Aboriginal Economic Relations at Australian Common Law

Aboriginal economic relations have been misconstrued as a type of primitive exchange in at least one native title case discussed in this paper. The pursuit by Aboriginal native title claimants of recognition at law of customary economic rights as inherent in, or an adjunct of, native title rights failed in Yarmirr and Others v. Northern Territory of Australia and Others (1998) 156 ALR 370 (the ‘Croker Island case’) for several reasons. The applicant's native title was found to be non‐exclusive of other interests, and a right to trade in resources of the sea was rejected. This case was argued in part by relying on historical material regarding Macassan trading arrangements. The profound alterity of Aboriginal relationships among persons and things, as the Croker Island evidence of property and trade relations demonstrates, have been re‐constituted in legal discourse as an absence of economic relations. In this paper, we argue that there is no sound basis for the distinction made between commercial and non‐commercial native title rights, whether in the Native Title Act 1993 (Commonwealth of Australia), or in recent judicial reasoning. We contend that native title rights and interests constitute a sui generis species of property relations that enable economic rights as conceived in Aboriginal tradition and custom to circulate in the modern market. Aboriginal customary economic relations of and between Aboriginal groupings are markedly distinct from, yet not incommensurable with, the normative conception of economic relations in the Australian market. We argue that a reformulation of the current Australian legal ideas about economic life is necessary for the recognition of Aboriginal economic institutions in native title claims and other economic arenas.     

Nations and Tribes ‘Within’: Emerging Aboriginal ‘Nationalisms’ in Katherine

Throughout Australia, many Aboriginal responses to the legislative and administrative pressures of the native title regime have been couched in a nation‐building idiom expressed through legally incorporated Aboriginal associations. The membership criteria of these umbrella associations are often derived from definitions of the ‘tribe’ or ‘language group’. Yet, in a kind of Balkanisation, those who see themselves as marginalised to positions of uncertainty on the peripheries of the nation often seek to establish their own independent corporations on the basis of exclusive ties to specific areas of land within it, in search of greater recognition and in competition for scarce resources. In Katherine, in the Northern Territory of Australia, the administrative and legislative gaze of the State, particularly the Aboriginal Land Rights (Northern Territory) Act 1976, brought into focus a Jawoyn ‘tribe’, soon to express itself in the idiom of nationhood, closely followed by a Wardaman ‘tribe’ and ‘nation’. More recently, a native title gaze has now brought into focus ‘new’ configurations of kindred clusters, apparently located on the ‘peripheries' of the Jawoyn and Wardaman nations, and named and valued them as Dagoman. This paper discusses the processes associated with an emerging, but seemingly already fragmenting, Dagoman nation. It argues that divergent and changing Aboriginal subjectivities disrupt what might be seen as mimetic processes as Aboriginal people employ strategies of transforming essentialist representations of their collective selves in changing conditions of possibility.     

Shifting Egalitarianisms and Contemporary Racism in Rural Victorian Football: The Rumbalara Experience

This article builds on our understanding of racism towards Aboriginal people in Australia through an examination of discriminatory belief structures pervasive in the mainstream community as evidenced through the important social field of country football in regional Victoria. It analyses the power and pervasiveness of the racial stereotyping that exists in some segments of the community by using Langton's (1997) notion of ‘iconic images' as well as discussing the importance of particular ideological motivations around values such as ‘egalitarianism’. This is achieved through analysing the views of players, supporters and officials of mainstream clubs towards the Aboriginal Rumbalara Football Netball Club. This analysis is structurally situated within a broader understanding of Australian national identity, in particular looking at the intersection of the powerful cultural domains of sport and evolving expressions of whiteness and egalitarianism.     

Legitimising Belief: Identity Politics,Utility, Strategies of Concealment,and Rationalisation in Australian Aboriginal Religion

The ‘women's business’ on Hindmarsh Island has had spectacular success although vital evidence had been kept secret ‘in a sealed envelope’. This paper, drawing primarily on the author's own encounter with the native title claims procedure, discusses various formative processes involved in the contemporary construction of Aboriginal indigeneity in which religious belief is heavily valorised. Subjected to a process of rationalisation for a long time, religious traditions are now being used as a strategic resource in native title claims. In the endeavour to make best possible use of the jurisprudential opportunity offered, the maintenance of secrecy and cloaking of information emerges as an important strategy. Secrecy clearly is an integral part of traditional Aboriginal culture. However, cloaking in fact may not only privilege esoteric contents, but merge with attempts of deliberate deception. Yet, in itself this too might be considered an Aboriginal cultural tradition.     

Aboriginal ‘Difference’ and ‘Autonomy’ Then and Now: Four Decades of Change in a Western Desert Society

In just a few decades, Aboriginal people living near Australia's Western Desert fringe have experienced an extraordinarily intense trajectory of change: from a highly autonomous nomadic existence, through ‘first contacts’, the pastoral and mission frontiers, the devastating impacts of alcohol and of Western lifestyle diseases, the outstation movement, resource exploration and mining, a long but largely successful struggle for native title, and much else. In this paper, notions of ‘difference’ and ‘autonomy’ are used to explore these transformations. The situation among the Mardu is here linked to the gulf between government policies and lived Aboriginal experience. If the self‐management thrust of 1970s policies achieved partial restoration of Aboriginal autonomy, recent Federal Government policies are intent on intervention to reduce difference and claw back some of that autonomy. Their determination to force Aboriginal people out of their ‘dysfunctional’ ‘cultural museums’ (homeland settlements) and into greater economic engagement ignores the crucial underpinnings of security and identity among remote Aborigines. The retention of difference, albeit at considerable social cost and entrenched disadvantage, is still strongly preferred by Mardu to the kinds of engagement with the dominant society that not only assault their sense of self but also threaten to overwhelm whatever autonomy remains to them.     

Sorcery and the dividual in Australia

In this article I present an analysis of Australian Aboriginal sorcery, applying concepts from the New Melanesian Ethnography. My starting‐point is Keen's approach to magic among the Yolngu, which engages Strathern's concept of the dividual, but which focuses on the extension of partible aspects of the person in space and time. Building on Keen's analysis, I draw on ethnographic material from Cape York Peninsula to argue that Aboriginal sorcery might be understood not only as the extension of partible aspects of the person, but also in terms of the interplay between the internal divisions and external connections of dividual personhood, linking that interplay to the various invasive techniques understood to be employed by sorcerers. On that basis, I argue that, in the central Peninsula, sorcery beliefs are best understood as forms of ‘indigenous analysis’ (Strathern) or ‘naïve critique’ (Kapferer) that simultaneously articulate and obscure the anxieties that inhere in postcolonial Aboriginal sociality.     

European Settlement and the Making and Unmaking of Aboriginal Identities

This paper explores variation and change in Aboriginal people's connections to places, and place‐related identity, as a function of their differential historical relationship to a town. Among Aboriginal people who have lived for some decades in camps around Katherine, Northern Territory, descendants of those who appear to have the most clearly discernable long‐term relationship with the area in the vicinity of the town do not relate to places, nor conceptualise them, in stereotypically ‘traditional’ terms. Their relationships to town and nearby places tend to be of an ideologically unelaborated, homely sort. Kinds of territorial relationships their antecedents can be shown to have had to the area have undergone dissolution. The paper seeks to develop discussion of such variation and the historical and sociological processes involved. The Katherine case brings the social and historical significance of ‘towns’ as sites of Aboriginal/non‐Aboriginal interrelationship into focus, and also requires a critical view of notions of ‘group’ that have tended to dominate recent public process and understanding in Australia.     

`Two Laws‘, Ontologies,Histories: Ways of Being Aranda Today

At Hermannsburg, in central Australia, Western Aranda people frequently propose that they live by ‘two laws’, Aranda law and God's law. This is a common phenomenon remarked throughout northern Australia and analysed by a number of anthropologists in the past. This discussion throws new light on the issue by interpreting `two-laws' talk in terms of a culture of encompassment that marks the emergence of historical or ‘ethnic’ identities as Aboriginal people make the transition from an autonomous world to one in which they must engage in the practices of European orders that can come to dominate their lives. The discussion deploys ‘ontology’ and ‘ethnicity’ in order to mark different magnitudes of difference that can shape Aboriginal experience today.     

The Gender of the Joke: Intimacy and Marginality in Murri Humour

ABSTRACT

Murri Aboriginal humour performances are expressive events in which bodily experiences of policing and agency are discursively commented on in ways that expose Australia's naturalised rationalisations of indigenous governance. Drawing on the ‘out-of-the-way’ position of an indigenous minority encapsulated in the body of the nation-state and the Murri body's intimate ‘out-of-the-way’ folds and crannies, Murri humour delimits and mocks the marginal location Murri people are imagined to spatially and morally occupy within Australia. This work examines how gendered humour renders the Murri individual and social body legible to and for a Murri audience. Such humour performances engage the local and the global, the modern and the traditional, and the hegemonic and the counter-hegemonic in ways that link intimacy, bodies and embodiments to these macro-processes. Unraveling such binaries produces a nuanced analysis in which embodied social actions and sly social critique are captured as they are experienced and expressed through humour.     

Land Tenure and Naming Systems in Aboriginal Australia

Naming systems play a prominent role in discussions of land tenure by Aboriginal people. Reference to one area of land and its owners is most commonly in terms of name ‘X’, whereas reference to another area of land and its owners is most commonly made in terms of name ‘Y’. Much of the analytical literature examines how these names refer to groups of people. There is considerable dispute as to whether the reference of these names suffices to determine disjoint groupings of owners that can be described by the term ‘clan’. This paper proposes that the analysis of linkages between names and areas of land should have priority over the analysis of linkages between names and groups of people. The evidence shows that the attachment of names to areas of land is more stable and consistent than their attachment to groups of people. There are differences in the ways that names attach to the landscape, and these differences are significant—they determine whether or not more than one name from the same system may be attached to an area of land. This paper focuses on two areas of Australia: the northern Kakadu‐Oenpelli area and the Timber Creek area (both in the Northern Territory). It shows that naming systems identify disjunctive areas of land as the targets for claims of primary ownership in both areas. These disjunctive areas may reasonably be described with the translation term ‘estates’. In the northern Kakadu‐Oenpelli area, corresponding to these estates, there are disjunctive groupings of owners, which may be termed ‘clans’. However, groupings of owners are not clearly disjunctive in the Timber Creek area, and there is little motivation for using the term ‘clan’. This paper proposes that this difference reflects a general pattern in Aboriginal Australia, with naming systems stably and consistently identifying ‘estates’ across much of the continent. They do not identify ‘clans’ with equivalent stability and consistency.     

Mythologising culture

In western Sydney, I found an extreme version of what I propose is a national Aboriginal mythopoeia, that is, a powerful system of beliefs and practices in relation to Aboriginal people and culture. A reified Aboriginal culture is promoted at institutional sites and in reconciliation discourses that evokes the presence of something precious and mysterious that must be re‐read into local Aboriginal people, but which assiduously avoids their actual circumstances and subjectivities. The awkward relationships and avoidances evident in a western Sydney reconciliation group are posited as a benign example of this mythology, born of a ‘sentimental politics’ of regret and reparation at work in Australia. Unity between the state and civil society is evident here, thus requiring an analysis that goes beyond a critique of government policies and programmes as intentional and rational, and grasps the nature of the widespread desire for Aboriginality. Through ethnographic attention to the actual relationships of Indigenous people and others, anthropologists can avoid being complicit in this regressive, separatist construction.     

Christianity,cultural change and the negotiation of rights in land and sea

Various aspects of Christian belief and practice have been documented as significant across Aboriginal Australia. In recent years, many communities have been involved in seeking to achieve traditional rights in land and sea as recognised in Australian law. Asserting and proving these rights entails demonstrating continuity of traditional law and custom since the establishment of British sovereignty. While legal discourse indicates that this does not exclude cultural change, law and custom must continue to derive from pre‐sovereignty traditions. This article addresses the extent to which Christian belief and practice have been articulated and researched in applied anthropological work, against the background of relevant academic studies. If a sophisticated theory of cultural change and continuity is germane to researching land claims and native title, what is the significance of Christian syncretism in Aboriginal relations with place and the inheritance of ancestral connections to ‘country’? Several case studies are examined.     

Categories of race: technologies of knowing and governing Australian aborigines†

This article documents the first decades of the work of the Aboriginal Protection Board in Victoria, Australia in the mid-nineteenth century, as it oversees the establishment of mission stations to gather up Aboriginal peoples and provide protection from settler violence. It augments existing accounts of white settler governance of Aboriginal peoples by examining the social and historical conditions for the emergence of separations and distinctions between Aboriginal peoples through shifting governmental versions of the ‘Aboriginal problem’. The production of race-based categories of persons is highlighted in the State's management of the Aboriginal children through the mission systems and their effects on Aboriginal ties to community and identity.     

Tunnel Vision: Part One – Resisting post‐colonialism in Australian anthropology

This essay is based on my conviction that Australian ethnography's narrow purview and anthropology's theoretical limitations need exploring and explaining. While internationally the discipline developed new sites, new theoretical fields and new political ideas in the post‐colonial era from around 1970, classicism continued to dominate research in Australia. New forms of Aboriginal social life and politics created by changing ‘post‐colonial’ conditions largely escaped ethnographic attention, but anthropology was rescued from irrelevance with the emergence of opportunities to assist the courts and Aborigines with land retrievals. By examining selected ethnographies and exceptions to the discipline's main trajectory, I hope to encourage reflection and expansion so that the discipline might realise its potential as the most radical and critical of the social sciences.     

To Dance with Time: A Victoria River Aboriginal Study

Drawing on research with Aboriginal people in the Victoria River District of Australia, this paper explores time in patterns of motion and pause. Taking Cath Ellis's insight that some Aboriginal musicians posses a faculty of ‘perfect time’, and that the meshing of rhythms and other patterns in music has the effect of altering perceptions and understandings of time, I explore rhythmic patterns in four domains—nomadology, ecology, dance and cosmology. I suggest that the cosmogonic and temporal effects of rhythm in motion are capable of becoming performative events because they link the rhythms of ecological, social and ritual domains. Such events implicate the ephemeral motion and temporality of the world in a continuing flow of becoming, and implicate the continuity of flow in the actions of the ephemeral.     

Resolving the value of the dingo in ecological restoration

There is global interest in restoring populations of apex predators, both to conserve them and to harness their ecological services. In Australia, reintroduction of dingoes (Canis dingo) has been proposed to help restore degraded rangelands. This proposal is based on theories and the results of studies suggesting that dingoes can suppress populations of prey (especially medium‐ and large‐sized herbivores) and invasive predators such as red foxes (Vulpes vulpes) and feral cats (Felis catus) that prey on threatened native species. However, the idea of dingo reintroduction has met opposition, especially from scientists who query the dingo's positive effects for some species or in some environments. Here, we ask ‘what is a feasible experimental design for assessing the role of dingoes in ecological restoration?’ We outline and propose a dingo reintroduction experiment—one that draws upon the existing dingo‐proof fence—and identify an area suitable for this (Sturt National Park, western New South Wales). Although challenging, this initiative would test whether dingoes can help restore Australia's rangeland biodiversity, and potentially provide proof‐of‐concept for apex predator reintroductions globally.     

Land,Language and Social Identity in Aboriginal Australia

Views of pre-contact Aboriginal social groupings have ranged from those which posit a linguistically-defined, homogeneous ‘tribe’ to others which, more recently, have asserted that language plays little or no role in Aboriginal constructions of social identity. Given the obvious, different degrees of linguistic diversity in different parts of the continent, it seems of interest to look at native linguistic ideologies and the ways in which notions of language and linguistic difference are integrated with other variables in the construction of social identity. This paper begins to look at differential constructions of social identity in three parts of Australia—Cape Keerweer in Cape York, the Western Desert, and western Roper River and suggests some directions for future research.     

Shown but not Shared,Presented but not Proffered: Redefining Ritual Identity among Warlpiri Ritual Performers, 1990–2000

Little has been written on the construction and projection of indigenous social identity in public (‘non‐restricted’) ritual among Aboriginal Australians. Elsewhere, I have analysed nearly half a century of such public rituals (1946–1990) among the Warlpiri of Yuendumu in Central Australia, concentrating on the shifting forces of gender and kinship. This paper focuses on the key moments motivating senior Warlpiri women, since the 1990s, to reconfigure their ritual participation and roles in inter‐indigenous ceremonial events. I analyse how these women participate in inter‐Aboriginal performances, exhibiting the iconic and sensory virtues of the Dreaming and weaving new forms of political identity, shaped by the pressures of neo‐colonialism, with female ambassadors of other Aboriginal groups. I argue that in this performative process women are reconfiguring the meanings of Aboriginalities and rearticulating their connectedness to one another, a connectedness rooted in their beliefs and responsibilities towards the Dreaming.     

Asian Dreaming: An Exploration of Ronald and Catherine Berndt's Relationship with Asia

Ronald and Catherine Berndt, eminent anthropologists of Aboriginal Australia, maintained a personal and professional interest in Asia throughout their almost fifty‐year marriage. Personally, this was expressed through their large private collection of Asian art and artefacts; professionally, they explored early Asian contacts with northern Australia, supported the development of Asian Studies in Australian universities—along with the forging of cross‐institutional relationships—and drew on Asia for cross‐cultural comparison. At the root of this interest lay the legacy of World War II, against which background the Berndts argued for increased engagement with Australia's regional neighbours, as well as for greater tolerance of cultural diversity.