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McLaughlin, Sean --- "Book Review - Connections in Native Title: Genealogies, Kinship and Groups" [2000] IndigLawB 10; (2000) 4(26) Indigenous Law Bulletin 22


Book Review-

Connections in Native Title:
Genealogies, Kinship and Groups

edited by JD Finlayson , B Rigsby, HJ Bek

Centre for Aboriginal Economic Policy Research, Canberra.

Research Monograph No.13 1999. 163 pp.

Reviewed by Sean McLaughlin

This collection of papers emerged from a workshop on anthropological research issues in native title in February 1998 where?. In publishing a monograph on this subject, the editors successfully take up the challenge to ‘maintain and enhance communication between different expertises, in particular between bureaucratic, anthropological and legal systems and practices’, and to ‘canvas a broad church of interested readers’.

The contributions focus on particular issues confronting researchers across the country (in both the south-east and north) in an accessible manner which is mostly free of the kind of terminological or conceptual complexity which may deter the non-anthropologist reader.

There is much useful information and thoughtful discussion of such issues as: the methodology of anthropologists in the field (ethnography versus interpretation), respecting the privacy of Aboriginal claimants when preparing genealogies, the nature and dynamics of groups (narrow versus broad), collecting oral evidence, the significance of the historical record, and re-evaluating the journals of earlier researchers. Each of these topics imply a range of critical issues which many who are preparing claims are already grappling with.

All bar one of the contributors are anthropologists (the exception being a lawyer who provides some practical suggestions on the benefits of pursuing mediation). The editors’ worthy objective of creating dialogue between the two professions most actively engaged in the native title claim process, could however have been assisted by more contributions from lawyers. Some of the contributors tend to incorrectly gloss their reading of legal decisions or misinterpret the implications of particular statutory provisions, and this might have been avoided if the editorial team had included a lawyer. A small but significant example (repeated by a number of the contributors, although I notice with apparent reference to two eminent lawyers!) is the statement that proof of native title requires tracing biological descent. This is incorrect both in terms of Aboriginal customary law and native title law, and probably stems from an overly literal reading of Justice Brennan’s judgement in Mabo.[1] Descent in Aboriginal societies is normally, but not exclusively, traced biologically, and descent by adoption is also recognised.

The extensive discussion on evidence (one of the more difficult and complex areas of law) would also have benefited from co-authorship with a lawyer (if this had been possible).

As it stands however, the collection will be of great benefit to all those responsible for advancing the continuing development of native title law and practice, and cannot fail to enrich the general reader's understanding of what are complex, difficult but singularly important issues.

Sean McLaughlin practices in the area of native title.


[1] (1992) 175 CLR.


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