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The effects of the evolution of native title on Australian jurisprudence are carefully examined in this updated chronicle that covers everything from the original decision Mabo v Queensland [No.2] to the significant High Court cases in 2002 and the recent Bennell decision in 2008. This remarkably accessible exploration provides critical analysis of 10 significant cases, a time line that maps the trajectory of key doctrines, and identification of the underlying themes and contradictions in the law. Containing an updated, annotated case list and a revised introduction and conclusion that comment on recent developments, this new edition of a unique critique will be infinitely useful to scholars, students, legal practitioners, the judiciary, and policy makers, among others.
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Comments on this edition This second edition of Lisa Strelein’s Compromised Jurisprudence brings this essential book on Australia native title up to date, but it does much more than that. In its incisive commentaries and critical analyses of the major caselaw and jurisprudence that has developed since the High Court’s decision in Mabo [2], Strelein has produced a comprehensive legal treatise on native title in Australia that is of immense importance to the emerging field of comparative indigenous rights. Her book skilfully reveals both the promises, perils and pitfalls of litigating indigenous peoples’ property and other fundamental human rights under the domestic law of a Western settler-state like Australia. The work of a gifted legal scholar and writer, the book contains many valuable lessons and insights that indigenous rights advocates around the world will be able to utilise in their own legal efforts aimed at decolonisation of Indigenous peoples under both domestic and international law. Robert A. Williams, Jr., E. Thomas Sullivan Professor of Law and American Indian Studies, University of Arizona Rogers College of Law This book is an exceptional synthesis of the major native title decisions in Australia. Strelein’s deep understanding of this issue is evident on very page. It is a work of profound importance. John Borrows, Professor and Law Foundation Chair in Aboriginal Justice, University of Victoria Law School, British Columbia, Canada Comments on the first edition A significant deficiency in native title practice in Australia has been a failure by some of the participants to come to grips with the conceptual underpinnings of native title jurisprudence. Compromised Jurisprudence, by confronting, analysing and challenging those underpinnings, is an important work that can assist in overcoming that deficiency. Ron Merkel, Federal Court of Australia Over the past decade, Strelein has been a leader in the field as one of the most concise, sober and reliable commentators on the jurisprudence of the law of native title. Practitioners, scholars, teachers and students would be well advised to add this volume to their collection. David Ritter, Faculty of Law, University of Western Australia In a remarkably accessible format, Strelein provides succinct and considered analyses of ten major native title decisions with considered reflections on the evolving jurisprudence. Compromised Jurisprudence will be invaluable to those working in the area of native title. Garth Nettheim, Emeritus Professor, Faculty of Law, University of New South Wales This is a much anticipated book from one of Australia’s leading experts on native title. With clarity and insight, Strelein provides an overview of developments in this otherwise complex area of law. Larissa Behrendt, Professor of Law, Jumbunna Indigenous House of Learning, University of Technology, Sydney First published in 2006 by Aboriginal Studies Press Second edition published in 2009 by Aboriginal Studies Press © Lisa Strelein 2009 All rights reserved. No part of this book may be reproduced o