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The Dialectal Tribe and the Doctrine of Continuity

  • Josh Berson (a1)
Abstract
Abstract

In Australia, applicants for native title—legal recognition of proprietary interest in land devolving from traditions predating colonization—must meet a stringent standard of continuity of social identity since before the advent of Crown sovereignty. As courts and the legislature have gravitated toward an increasingly strict application of the continuity doctrine, anthropologists involved in land claims cases have found themselves rehearsing an old debate in Australian anthropology over the degree to which post-contact patterns of subsistence, movement, and ritual enactment can support inferences about life in precontact Australia. In the 1960s, at the dawn of the land claims era, a handful of anthropologists shifted the debate to an ecological plane. Characterizing Australia on the cusp of colonization as a late Holocene climax human ecosystem, they argued that certain recently observed patterns in the distribution of marks of social cohesion (mutual intelligibility of language, systems of classificatory kinship) could not represent the outcome of such a climax ecosystem and must indicate disintegration of Aboriginal social structures since contact. Foremost among them was Joseph Birdsell, for whom linguistic boundaries, under climax conditions, would self-evidently be congruent with boundaries in breeding pools. Birdsell's intervention came just as the Northern Territory Supreme Court was hearing evidence on the value of dialect as a marker of membership in corporate landholding groups in Yolngu country, and offers an object lesson in how language, race, mode of subsistence, and law come together in efforts to answer the questions “Who was here first?” and “Are those people still here?”

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berson@cbs.mpg.de
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This list contains references from the content that can be linked to their source. For a full set of references and notes please see the PDF or HTML where available.

Bill Angelbeck and Colin Grier . 2012. Anarchism and the Archaeology of Anarchic Societies: Resistance to Centralization in the Coast Salish Region of the Pacific Northwest Coast. Current Anthropology 53, 5: 547–87.

Ronald M. Berndt 1959. The Concept of “the Tribe” in the Western Desert of Australia. Oceania 30, 2: 81107.

Joseph B. Birdsell 1958. On Population Structure in Generalized Hunting and Collecting Populations. Evolution 12, 2: 189205.

Joseph B. Birdsell 1970. Local Group Composition among the Australian Aborigines: A Critique of the Evidence from Fieldwork Conducted since 1930. Current Anthropology 11, 2: 115–42.

A. R. Brown [Radcliffe-Brown] 1913. Three Tribes of Western Australia. Journal of the Royal Anthropological Association of Great Britain and Ireland 43, 1: 143–94.

Karen L. Engle 2010. The Elusive Promise of Indigenous Development: Rights, Culture, Strategy. Durham: Duke University Press.

Raymond Firth . 1931. Anthropology and Native Administration. Oceania 2, 1: 18.

Luke Fleming . 2011. Name Taboos and Rigid Performativity. Anthropological Quarterly 84, 1: 141–64.

Lisa Gannett . 2003. Making Populations: Bounding Genes in Space and Time. Philosophy of Science 70, 5: 9891001.

John Gowlett , Clive Gamble , and Robin Dunbar . 2012. Human Evolution and the Archaeology of the Social Brain. Current Anthropology 53, 6: 693722.

Rodney Harrison . 2002. Archaeology and the Colonial Encounter: Kimberley Spearpoints, Cultural Identity and Masculinity in the North of Australia. Journal of Social Archaeology 2, 3: 352–77.

L. R. Hiatt 1962. Local Organization among the Australian Aborigines. Oceania 32, 4: 267–86.

L. R. Hiatt 1984. Your Mother-in-Law Is Poison. Man 19, 2: 183–98.

Kenneth Maddock . 1981. Warlpiri Land Tenure: A Test Case in Legal Anthropology. Oceania 52, 2: 85102.

Francesca Merlan . 2005. Indigenous Movements in Australia. Annual Review of Anthropology 34: 473–94.

Frances Morphy . 1977. Language and Moiety: Sociolectal Variation in a Yu:lngu Language of North-East Arnhem Land. Canberra Anthropology 1, 1: 5160.

Aihwa Ong . 1999. Flexible Citizenship: The Cultural Logics of Transnationality. Durham: Duke University Press.

A. R. Radcliffe-Brown [see also Brown]. 1930. The Social Organization of Australian Tribes, Part I. Oceania 1, 1: 3463.

Bruce Rigsby and Peter Sutton . 1980. Speech Communities in Aboriginal Australia. Anthropological Forum 5, 1: 823.

Basil Sansom . 2007. Yulara and Future Expert Reports in Native Title Cases. Anthropological Forum 17, 1: 7192.

David M. Schneider 1984. A Critique of the Study of Kinship. Ann Arbor: University of Michigan Press.

Warren Shapiro . 2008. What Human Kinship Is Primarily About: Toward a Critique of the New Kinship Studies. Social Anthropology 16, 2: 137–53.

James J. Sheehan 2006. The Problem of Sovereignty in European History. American Historical Review 111, 1: 115.

W. E. H. Stanner 1933. The Daly River Tribes: A Report of Fieldwork in North Australia. Oceania 3, 4: 377405.

W. E. H. Stanner 1965. Aboriginal Territorial Organization: Estate, Range, Domain and Regime. Oceania 36, 1: 126.

Eric D. Weitz 2008. From the Vienna to the Paris System: International Politics and the Entangled Histories of Human Rights, Forced Deportations, and Civilizing Missions. American Historical Review 113, 5: 1313–43.

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Comparative Studies in Society and History
  • ISSN: 0010-4175
  • EISSN: 1475-2999
  • URL: /core/journals/comparative-studies-in-society-and-history
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