Background on Theory of Property
According to many European theorists, society began in a "State of _" and became 'civilized' as it cultivated land and developed property rights.
State of Nature
During the 18th Century through what means could European nations legal claim sovereignty over a territory?
By conquest (sovereignty by way of force), cession (treaty, transfer of power), occupation (acquiring unoccupied land, terra nullius)
Terra Nullius implied that land in Australia was what…
Uninhabited and unowned, under British property law aborigines did not exist.
On February 6, 1840 over 40 Maori chiefs signed the English version of what document, effectively ceded their rights and powers of sovereignty to Queen Victoria (in exchange for protection and the rights/privileges of British subjects)
The Treaty of Waitangi
*However on October 2nd 1840 the English claimed sovereignty over the entirety of New Zealand not just the parts that had been ceded in the treaty.
True or false? According to the theory of property, property comes from labor and labor creates a natural right of exclusive ownership.
True
The British argued that the doctrine of _ granted them sovereignty over Australia in 1788, despite aboriginal people inhabiting the land.
Doctrine of Discovery- authorized explorers to claim terra nullius (unowned land) in the name of their sovereign.
What judgements about aboriginal life informed the colonial policies in Australia?
Nomadic hunter-gatherers, sparsely populated, no sense of property, not technologically advanced.
What reasons does the Banner reading give for why the British government negotiated international treaties with some indigenous nations as opposed to taking the territories by force?
In North America, Native Americans were farmers and formidable military opponents, in New Zealand the settlers relied upon Maori for safety and survival.
In order to appropriate land as property, society supposedly needed a degree of which of the following?
a) social organization
b) civilization
c) law
d) all of the above
D
The ‘First Fleet’ in 1788 established a pivotal settlement at Sydney Cove that influenced the social and economic development of Australia, this colony was also unique because it marked the beginning of what type of unusual settlements?
Penal colonies, designed to “transform felons into farmers” through agricultural work
What decision in 1992, rejected terra nulls and the notion that early Australia was 'unoccupied'
Mabo v. Queensland
The relationship between the Crown and Maori leaders, and the nature of British colonization in New Zealand, is related to which of the following contemporary issues?
Ongoing Land Disputes
Cultural Preservation Efforts
Inclusive Political Systems
All of the above
The social theory of ‘four stages’ attempted to categorize the development of human society based on Eurocentric evolutionism. What were the “four stages”?
Hunting (savagery)
Pastruralism (barbarianism)
Agriculture (civilization)
Commercial society
Which of the following is true about the agricultural industry and plantations in Australia from the colonial period - the 1950's?
a) Aboriginal workers sometimes “went with” the property upon sale
B) Withholding wages, abuse, and restricted freedom of movement was legal in some parts of Australia until the 1950’s.
C) First Nations slave work expanded the Australian economy, but is suppressed in history
D) all of the above
D
How was English common law applied in settled colonies vs. ceded or conquered colonies?
In settled colonies, the territory was treated as uninhabited (terra nullius) and acquired after discovery/occupation. British settlers transferred English Common Law to the colony.
In ceded or conquered colonies local laws remained intact and English law was not applied unless the King or Parliament decided otherwise.
According to contemporary international law, what is FPIC?
Free, Prior and Informed Consent of indigenous people, according to their customary practices, for any policies or programs involving their land.
Recognition of the injustices experienced by aboriginal communities has taken limited forms, such as:
a)compensation for land displacement
b) returning the land
c) setting aside portions of unallocated land as 'permanent reserves'
d) changing the law to recognize aboriginal property rights
A , C