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A Poststructuralist Consideration of Property as Thin Air: Mabo - A Case Study

Author: Adrian Howe
La Trobe University
Subjects: Aborigines - land tenure (Other articles)
Mabo and others v State of Queensland and Australia (Other articles)
Native title -- Australia (Other articles)
Issue: Volume 2, Number 1 (April 1995)
Category: Refereed Articles

Abstract

This report examines the decision in Mabo (no 2) from the point of view of property as a power relation rather than a tangible resource. The actual nature of the rights recognised has resulted in uncertainty. The result of the case is to "propertise" Aboriginal interests in land, rendering them a "real", though second rate, interest.

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