Enacting sovereignty in a colonized space the Yolngu of blue mud bay meet the native title process

Frances Morphy*

*Corresponding author for this work

    Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

    10 Citations (Scopus)

    Abstract

    The Yolngu people of Arnhem Land consider that they live in 'two worlds', encapsulated but not colonized by the Australian settler state. This study of courtroom interactions in the Blue Mud Bay native title case reveals, first, how the Australian legal system enacts the sovereignty of the state over those to whom some form of restitution is being offered under native title law. It then discusses how Yolngu witnesses inserted a discourse about sovereignty into the proceedings through an insistence on the incommensurability of rom (their 'laws and customs') and native title law, and through carefully positioned enactments of rom.

    Original languageEnglish
    Title of host publicationThe Rights and Wrongs of Land Restitution
    Subtitle of host publication'Restoring What Was Ours'
    PublisherRoutledge-Cavendish Taylor & Francis Group
    Pages99-120
    Number of pages22
    ISBN (Print)0203895495, 9780203895498
    DOIs
    Publication statusPublished - 14 Jul 2008

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