The ‘Spirit’ of the Thing: The Boundaries of Aboriginal Economic Relations at Australian Common Law

摘要: Aboriginal economic relations have been misconstrued as a type of primitive exchange in at least one native title case discussed this paper. The pursuit by claimants recognition law customary rights inherent in, or an adjunct of, failed Yarmirr and Others v. Northern Territory Australia (1998) 156 ALR 370 (the 'Croker Island case') for several reasons. applicant's was found to be non-exclusive other interests, right trade resources the sea rejected. This argued part relying on historical material regarding Macassan trading arrangements. profound alterity relationships among persons things, Croker evidence property demonstrates, re-constituted legal discourse absence relations. In paper, we argue that there is no sound basis distinction made between commercial non-commercial rights, whether Native Title Act 1993 (Commonwealth Australia), recent judicial reasoning. We contend interests constitute sui generis species enable conceived tradition custom circulate modern market. groupings are markedly distinct from, yet not incommensurable with, non-native conception Australian reformulation current ideas about life necessary institutions claims arenas.