Finding an Indigenous Perspective in Administrative Law

Abstract

Indigenous land laws, Indigenous perspectives on Anglo-Australian property law and native title are often taught as optional or even irrelevant to real property in Australian law schools. Conventional pedagogical choices in many property law courses maintain this perspective through a restrictive curriculum schedule; through the limited provision of information about these matters in course readings; by neglecting the significance of language to property law generally and specifically to the historical development of property in Australian within the context of colonisation. In so doing, many property law courses diminish the radicalism and opportunity that Indigenous land laws offer the Anglo-Australian system of rights-based property which abstracts ownership from responsibility to land and water resources. This article suggests a pedagogical approach that is more inclusive of Indigenous laws and Indigenous perspectives on the Anglo-Australian law of real property.

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