Teaching Native Title

Open Access

Abstract

Theories of western jurisprudence have traditionally been dominated by the perspective of the white western male. Feminist jurisprudence has suggested that theories of law which neglect to take into account experiences of women are inadequate; we can no longer ignore the proposition that theories of common law and property, that do not embrace Indigenous experiences are also deficient. Indigenous Australians have been beset by the dominant AngloEuropean discourses, be they legal, historical or anthropological, for over two centuries. These dominant analyses have defined, destroyed, created and modified the rights and lives of Indigenous peoples. It is fair to say that the relentless study of Indigenous people which was fundamental to the colonial construction of "The Aborigine" has been the cause of considerable resentment and pain. The resurgence of these processes of constructing Indigenous needs, aims, rights and identities has become a feature of the mid 1990s, particularly in legal and political discourses.