Native Title compensation claims: provision of anthropological evidence associated with solatium

Systematic description and analysis of affective experience is one of the key principles to provide expert opinion and evidence for loss of solace in social justice settings. In Native Title compensation claims, this legally requires to be framed in direct consequential relation with extinguishment or impairment of landed rights and interests. The experts who were involved in compensation claims are all agreed on the methodological and analytical challenges of asociated research.

Native Title research is generally marked with structural analytical frames to define a cohesive society marked by existence of a continuing normative system connecting people and land. On The native Title compensation research as its counterpart aims to assess the impact of compensable acts on certain aspects of the normative system which are discontinued or impaired. This shift in research question and set of evidentiary requirements opens compensation research strategy to interpretive analytical frames ranging from cross cultural analysis of emotions and feelings to social linguistic and existential approaches to the concept of loss and solace.

In a paper in progress, I apply a holistic approach to analysis of personal, societal and social experience. Influenced by my ongoing research interest in lived experience, I discuss that compensation research should record evidance beyond verbal expressions of affect, emotions and narration of loss. In an intersection of applied and philosophical anthropology, I reflcet on anthropology of experience and modes of being and acting and underscore their values in the study of loss of solace in a legal context.

This Post Has 3 Comments

  1. I would be interested to read more of your views on native title compensation.

    1. Thank you, Kado. I will send you a copy of the paper.

  2. I would be interested in reading this paper Mahnaz

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