The problem with lineality in claim group descriptions: Why social networks are a better way of modelling traditional land tenure in South East Australia

Abstract

Native title claim group descriptions based on linear cognatic descent from known apical ancestors are the norm in South East Australia. This form of lineality presents significant problems for the effective and efficient lodging and processing native title claims, both for claimants, respondents, the court and the tribunal. Such problems include disputes within claimant groups about which members are descended from which ancestors; specifying the identities of temporally distant ancestors using often unreliable data; showing consistent genealogical connection between ancestors and living clam group members, and; showing that a claimant group constitutes a single society. By contrast, social..