The Clash of Conceptual Languages Around Australia’s Mabo Decision

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The Australian High Court’s 1992 Mabo decision was hailed as a turning point in relations with its Indigenous peoples as this was the first occasion when a claim to traditional connections to lands or waters was recognised by its legal system. Intense debate and activity ensued with Federal Parliament adopting a legislative framework to recognise native title and the Council for Aboriginal Reconciliation considering its broader constitutional implications. Dr Robson’s work examines the conflicting conceptual languages that were voiced about relations with its Indigenous peoples. While the claims were articulated in a language that sought to protect the human and cultural rights of Indigenous people when considered by the High Court and Federal Parliament significant aspects were interpreted through a modern conceptual language that has its origins in the Western constitutional tradition. While the former language is guided by the conventions of mutual recognition, continuity and consent, the latter language is associated with the nation-state model and has struggled to give more than superficial recognition to cultural difference.