Native Title within a History of Incorporation
This chapter examines the advent of native title in Australia. In the Australian settler colony, native title figures in the liberal imagination as a moment where some sort of hybridization of sovereignty could be achieved. However, once historicized in this context, it signifies not a pluralistic sharing of lawmaking power but an incorporation of Indigenous sovereignties, which limits their possibilities by transforming them into a supplement to the decentered settler sovereignty that is destabilized by the acknowledgment of precolonial—and continuing—Indigenous communities. As such a supplement, it therefore suppresses the danger of the end of terra nullius, reaffirming the force of settler law through reburying Indigenous sovereignties at its foundation.
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