Justice and indigenous land rights


Authors
Susan Dodds
University of New South Wales
Abstract
Political theorists have begun to re-examine claims by indigenous peoples to lands which were expropriated in the course of sixteenth-eighteenth century European expansionism. In Australia, these issues have captured public attention as they emerged in two central High Court cases: Mabo (1992) and Wik (1996), which recognize pre-existing common law rights of native title held by indigenous people prior to European contact and, in some cases, continue to be held to the present day. The theoretical significance of the two Australian cases is examined and the links drawn out between the current debate about Aboriginal land rights in Australia and the wider philosophical debate about indigenous land rights, property rights, and indigenous justice as characterized by Jeremy Waldron and James Tully. Justice towards indigenous groups requires substantial acknowledgement and recognition of the values and institutions of the relevant indigenous group; yet, these values and institutions may not readily fall under the framework of existing state structures. Attempts to redress injustice towards indigenous groups which do not question the justice of existing state institutions will therefore prove to be inadequate responses to indigenous peoples' demands for substantive justice.
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DOI 10.1080/002017498321869
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References found in this work BETA

Aboriginal Property and Western Theory: Recovering a Middle Ground.James Tully - 1994 - Social Philosophy and Policy 11 (2):153-180.

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Reparations and Racial Inequality.Derrick Darby - 2010 - Philosophy Compass 5 (1):55-66.
Review Article: The Environmental Turn in Territorial Rights. [REVIEW]Alejandra Mancilla - 2016 - Critical Review of International Social and Political Philosophy 19 (2):221-241.

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