ABSTRACT

This chapter explores the nature of the concept of indigenous land title or, more correctly, the nature of the judicial conception of indigenous land title. It commences with a discussion of the concept of indigenous land title rather than proceed directly with an account of the indigenous land title process. The chapter provides an overview of the indigenous land title determination hearing process. It explians the preceding discussion with a description of a simple scenario involving a claimant group who hunt in a certain area and who are concerned to protect that practice by way of an indigenous land title determination from future interference. The chapter aims at this point is merely to broadly illustrate the epistemic and interpretive demands which the indigenous land title determination process might place on a judge as far as indigenous actions are concerned, not to explore in any detail issues of conceptual difference and the judicial understanding.