The attached article relates to fundamental questions that go to the nature of property, the significance of possession, pluralistic understandings of ‘ownership’ and relationships to land, and the...

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The attached article relates to fundamental questions that go to the nature of property, the significance of possession, pluralistic understandings of ‘ownership’ and relationships to land, and the contested nature of propertied claims to land and space.


Describe
means ‘to give a detailed account’ of the article, a ‘report’ or ‘recounting’ of what the work says. In other words, you are required to descriptively outline the article in question.




Analyse
means ‘to examine methodically and in detail, typically in order to explain or interpret it.’ In the case of the journal article you select, you are required to interpret and explore the author’s central argument(s).




Critique
means ‘to evaluate a theory in a detailed and analytical way’. In the case of the journal article you select, you are required to reflect on what the article says, and how it relates conceptually (and hence more broadly) to wider questions of law, property and society.
In critiquing the article, you must draw parallels, or make linkages or connections with the other two (2) journal articles.



Legal scholars need to develop and acquire disciplinary specific skills of
reading
legal works,
writing
legal papers, and
thinking
legally. This assessment item therefore requires that you
read
all
three (3) journal articles,

that you
write
and engage in a description and analysis of the selected journal article, and lastly, that you engage in higher order
thinking
by critiquing what the journal article means in terms of its connections to the other two articles, and more generally in terms of its implications for the role of property in law and society.


Answered Same DayAug 02, 2021

Answer To: The attached article relates to fundamental questions that go to the nature of property, the...

Tanaya answered on Aug 04 2021
143 Votes
Running Head: ABORIGINAL’S LAW AND COLONIAL FOUNDATION    1
ABORIGINAL’S LAW AND COLONIAL FOUNDATION    2
ABORIGINAL’S LAW AND COLONIAL FOUNDATION
Table of Contents
The Chosen Article    3
Analysis of the Article    4
Critiquing the Article    6
References    9
The Chosen Article
The author Irene Watson illustrates th
e extent the First Nations People who had been the origins of Australia bore the violence during the colonialism. Even though it was claimed that a peaceful settlement had been achieved, however according to the author it was just a façade as the very settlement lead to frontier wars. In the historical underpinnings in the midst of the cultural nuances, Professor Watson explains the story of the Australia’s Aboriginals and Torres Strait Islander population (Watson, 2017).
The colonisation had affected the most was the indigenous people. The civilisation as stated by Professor Watson demanded the absorption of the First Nations People. The study has been supported by the international law, which has suggested the Australian legal system were incapable of acknowledging the culture and diversity amongst the Aboriginal population adequately in the current available form.
Further, in the Kaldowinyeri section, Watson articulates about the concept of time that helps in differentiating itself from the modern science in terms of singular, immutable and constant factor. As mentioned by the author, the First Nation People arrived from a generation where time was not measured rather time was considered to be a philosophy of a continuous cycle (Watson, 2016).
The Raw law ceremony mentioned by Watson that reveals the story of ‘Waargle’ that highlights the struggle of the First Nation People during the flood where the number of survivors was less. Many of the survivors clung to a giant serpent’s head so that they can survivor from the floodwater. In other words, the author emphasises how the Aboriginals had to struggles to remain afloat in the midst of colonialism during the invasion of the legal system in Australia.
This was highlighted by the increased number of regulations and rules including positivist laws that justified the concept of dispossession and genocide of the Aboriginals population (Watson, 2017). The history of the Indigenous Australia is also a symbolic representation in terms of customs and law. The author has also taken extracts from the perspective so the other historians where in many cases it is observed that the historians have belittled the First Nation population stating that these population are unable to survive within a civilised community.
As mentioned by Professor Watson, the Australian court is unable to recognise the dual sovereignty that is maintained within the territorial bounds of Australia against the Indigenous people. Rather, Watson has identified that through the engagement of international stage and international law; the Indigenous people could gain a voice and provide a legitimate legal right that had been missing for several decades (Watson, 2017).
Moreover, Watson had also emphasised on the various hard-hitting...
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