Abstract:
The notion of property is fundamentally different between modern culture and
customary people. In practice modernity posits property as a set of material rights
that are notionally comparable to other material values. Customary people perceive
property 011~Vpartially in these terms and place greater emphasis on origins and
obligations ojproperty within an understanding of community that is alien to modern
culture.
If property is recognised to both consist of material and non-material values, then it
cannot be adequately valued in commercial terms alone. The Australian experience in
assessing compensation for the extinguishment of customary title has less than
satisfactory with few resolutions and many of those negotiated in secret. Conclusions
front this experience provide insights into the nature of the dilemma of rendering
customary interests in land into modern commercial terms.
The recognition of the metaphysical foundation of the respective systems of property
goes some distance towards understanding the difficulties involved in the valuation of
customary interests. The solution probably lies outside the attempt to transfer
ownership when the more defensible need is use.
